Terms and Conditions

THE BABYSITTERS CLUB LIMITED TERMS AND CONDITIONS

Welcome and thank you for reading our Terms and Conditions (Terms). These Terms apply to your use of our childcare services (referred to as the “Services”), this website (“Website”) and app (referred to throughout as the “App”). By accessing and using our Website, App and Services:

  1. you agree to these Terms; and
  2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

We ask that you review these Terms carefully. If you do not agree to these Terms, you are not authorised to access and use our Services, Website and App, and you must immediately stop doing so.

1. Our Service

  1. Our Website and App allow end users (who we refer to as “you” or “Parents”) to connect with police-checked, reference-checked, interviewed and insured carers (referred to as “Carers”) for the purpose of booking and using our Services.

  2. Each time you book Services through our Website or App it is referred to as an “Engagement”.

  3. Our Services are explained on our Website and App and include babysitting services, nanny services, tutoring, coaching or other childcare services that we may from time to time offer.

  4. While we will endeavour to ensure the ongoing availability of our Website and App, it is possible that on occasion the Website or App may be unavailable. This may be due to maintenance or other development activity to take place, or in the event that something happens which is out of our control. Where possible, we will notify you of scheduled maintenance or other system outages in advance and will try to schedule such occurrences outside of normal business hours in New Zealand.

  5. It should be noted that our Website and App combines our own proprietary software and coding with a range of third-party service features through the use of web services and APIs (application programming interfaces). Given that these third parties are out of our control, we cannot guarantee the availability of those features. If a third-party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to use that feature in Website or our App and as a result cease to make that particular feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third-party feature, you are not entitled to any refund, discount or other compensation. We will always endeavour to provide you with the best value and user features within the Website and App.

2. User Account

  1. To use our Website and App and to obtain our Services, we require you to create a user account.

  2. When you register and activate an account, you may provide us with personal information such as your name, email address, and telephone number and information relating to your location, child- minding requirements. You must ensure that this information is accurate and current. Our Carers will also be required to provide the services and skills they will provide via our Website and App. We will handle all personal information that we collect from you in accordance with our Privacy Policy.

  3. When you register and activate an account, we will issue you a unique user identification credential (being the email address you register an account with) used in combination with a unique password to access the Website and App. This is referred to as your “UserID” in these Terms.

  4. Each user account will be personal to the user.

  5. We may, at any time, request a form of identification to verify your identity matches your UserID.

  6. You agree to immediately advise us of any unauthorised use of your UserID.

  7. You are responsible for keeping your UserID and password secure and are responsible for all use and activity carried out under their User Account.

3. Fees

  1. We will charge you fees for the use of our Services (referred to as “Fees”). We will only charge you Fees to which you have agreed to pay through the functionality of our Website and App.

  2. Fees will be as set out on our Website and App, but may include:

    1. An hourly rate for time worked during the Engagement;

    2. A mileage claim, if the Carer has used their own vehicle;

    3. A parking claim, if the Carer has used a vehicle and is undertaking an activity in the course of providing the Services that requires parking;

    4. our “Peace of Mind” Assurance fee;

    5. Additional fees related to extra services requested by you via the Website or App, such as household chores, to be completed by the Carer during an Engagement; and

    6. Overtime charged at an hourly rate, if a Carer is required to work more hours than initially indicated.

  3. Once the Services have been performed, the Carer will provide us 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.

  4. If overtime is payable the relevant fees will be charged to you in 15 minute increments, rounded up as necessary.

  5. Unless stated otherwise, Fees are expressed in New Zealand dollars and include GST.

4. Payment

  1. Our payment interface will prompt you to make payment of our Fees when required. We require you to pay all fees into an account administered by us.

  2. All payments required to be paid by you must be paid:

    1. on or prior to the relevant due date;

    2. by means expressly approved and/or provided by us (such as internet banking, by credit card or via direct debit authority).

  3. You acknowledge that we may require payment in advance of the delivery of Services by our Carers and, where overtime is worked, additional Fees may be payable.

5. Performance of Services

  1. We will use all reasonable endeavours to ensure that our Carers:
    1. are aged 18 years old or over;
    2. are legally allowed to work in New Zealand;
    3. submit personal details including, but not limited to, name, age and photo identification;
    4. will not, without your prior consent, have guests at your property while they are performing Services;
    5. complete and submit evidence of a recent full disclosure criminal check conducted by the New Zealand Police, based on the Child Protection Authority, or an equivalent international body;
    6. disclose any mental illness that may put a child at risk;
    7. always provide honest, true and correct information about themselves and their skills and experience; and
    8. meet any other appropriate statutory, regulatory, governmental and industry standards or practices.
  2. You will give reasonable assistance to our Carers to perform the Services by:

    1. giving clear instructions including by providing complete and accurate information (such as with regard to your location and child-minding requirements);

    2. disclosing any restrictions and requirements that apply (such as any illness, allergy or other special consideration for each child);

    3. promptly providing any information or content required from you for us to complete the Services; and

    4. not 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 our Carer’s sole discretion).

  3. In addition to clause 5.2, you must:

    1. disclose if you have a criminal record; and

    2. treat our Carer’s with dignity and respect.

6. Policies

  1. In addition to these Terms, we may publish policies or operational requirements to our Website and App from time to time (Policies). Our Policies form part of these Terms and you must at all times comply with our Policies when you use our Services, Website and App. Where the requirements of these Terms and any of our Policies are inconsistent and cannot be reconciled, these Terms prevail to the extent of that inconsistency.

7. Default

  1. Our Services, Website and App rely upon prompt payment in order to ensure fairness and confidence.

  2. If payment is not made on the date required by us, then we may charge default interest on the amount unpaid at the rate of 12% per annum. The interest will be calculated on a daily basis from the date payment was due until the date payment is received. Should we fail or delay to charge interest on any unpaid fees or to exercise any of our rights, we do not waive those rights. You will also be liable to pay all expenses and legal costs incurred by us as a result of your default in payment.

  3. If payment is outstanding for 7 days from the relevant date it is due, we may suspend providing you our Services and access to our Website and App until the date of payment in full.

8. Intellectual Property

  1. Under these Terms, “Intellectual Property” includes all intellectual property rights (including without limitation copyright, patent and design rights, drawings, documents, data, ideas, procedures and calculations).

  2. In respect of Intellectual Property used in or arising from our Website, App and Services:

    1. All pre-existing Intellectual Property resides with the owner of that Intellectual Property as at the date the Engagement commences.

    2. any new Intellectual Property will be dealt with in accordance with clause 9.

9. Ownership of Intellectual Property

  1. Subject to clause 8.2(a), we are and will remain the exclusive owner everywhere in the world of all Intellectual Property rights and interests (including copyright and all other statutory and common law rights and interests) in the Website, App, and any Services performed by us for you, as first owner of those Intellectual Property rights and interests.

  2. We will retain exclusive worldwide ownership at all times of our artistic styles, methods of working, techniques, ideas, skills and know-how.

  3. You must not attribute the Website, App or Services to anyone other than us or remove any of our trade marks, signatures, logos or similar.

10. Privacy of Information

  1. You authorise us:
    1. to collect, retain and use information about you from any person for the purpose of assessing your creditworthiness;

    2. to disclose information about you:

      1. to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to us;

      2. to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers under these Terms.

11. Health and safety

  1. You must ensure, so far as is reasonably practicable that the health and safety of our Carers is not put at risk while providing the Services during an Engagement. The decision as to whether the Carers health and safety is at risk during an Engagement will be made by the Carer at their sole discretion.

12. Exclusivity

  1. You do not need to exclusively use our Services, Website or App to find Carers. However, you may not under any circumstances contact our Carers, by any means either directly or indirectly, with the intention, purpose or effect of encouraging that Carer to provide childcare services for you outside of our Website and App. If you do so, we can immediately terminate your use of our Website and App and cease to supply you with Services and you must indemnify us and hold us harmless for any loss or expense (including loss of profit or income and legal costs on a solicitor-client basis) whatsoever caused by or related to your conduct.

13. Warranties

  1. The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

  2. Where you acquire Services from us for the purposes of a business:

    1. the parties acknowledge and agree that:

      1. you are acquiring the Services covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;

      2. the Services are both supplied and acquired in trade from the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13 (False or misleading representations); and

    2. you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.

14. Limitation of Liability

  1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire Services from us for the purposes of a business in terms of sections 2 and 43 of that Act.

  2. Except to the extent that the law prevents us from excluding liability and as expressly provided for in clause 14.4, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from Services provided by us to you.

  3. You will indemnify us against all claims and loss of any kind whatsoever however caused or arising which is brought by any person in connection with any matter, act, omission, or error by us, our Carers, agents or employees in connection with the Services.

  4. To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the Fees for the Engagement in question. If you make a claim in writing to us in relation to the Services, we may, in our discretion, refund the amount of the Services to you, provided that:

    1. the claim must be made in writing to us within fourteen (14) days of the Services being provided;

    2. you must supply the date and number of any invoice relating to the Engagement; and

    3. we must have a reasonable opportunity to confer with the relevant Carer.

15. Insurance

  1. When we refer to our Carers being “insured”, it is a reference to coverage under Public and Statutory Liability insurance policies held by us from time to time. We do not guarantee or provide any assurance that any damage or other loss that may be caused by our Carers will in fact be covered under the Terms of our insurance policies in all instances.

  2. References to our Carers being insured are not to be read as an acceptance of liability for any matter we would not otherwise be liable for in accordance with these Terms.

16. Posting Policy

  1. By providing you with access to our Website and App, we allow you to post content on it. You have the ability to post feedback and ratings through the Website or App or submit a complaint to us.

  2. You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. This means we have the right to use your user generated content (UGC) for the purposes of our business in any way we see fit, and without any further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of your UGC. An example of how we may use your UGC is that we may extract or republish your UGC in our marketing materials.

  3. You are responsible to us and all relevant third parties for any UGC you upload to our Website or App. We are entitled to recover any costs or liability we incur as a result of your UGC, direct from you and you indemnify us accordingly.

  4. When using our Website or App, you must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website or App, including but not limited to:

    1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

    2. using our Website or App to defame or libel us, our Carers, employees or other individuals;

    3. uploading files that contain viruses that may cause damage to our property or the property of other individuals; or

    4. posting or transmitting to our Website or App any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

  5. If we allow you to post any information to our Website or App, we have the right to take down this information at our sole discretion and without notice. We take no responsibility and assume no liability for any content posted, stored, transmitted or uploaded to our Website or App by you (in the case of your content) or any third party (in the case of any and all content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

17. Confidentiality

  1. You undertake and agree to treat as secret and confidential, and not at any time for any reason, other than for the purpose of the Terms or as required by law, to disclose or permit to be disclosed to any person, or otherwise make use of, or permit to be made use of, any information relating to our technical processes, trademarks, business affairs or finances or of any suppliers, agents, distributors, licensees or customers of ours where such knowledge or details were received during the period you are using our Website or App.

18. Prohibited Activities

  1. To allow our Website and App to operate as intended, we would like to ensure that you do not:
    1. copy, store or otherwise access or use any information, including personally identifiable information about any of our Carers, contained on our Website or App in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy rights of us, our Carers or third parties;
    2. contact our Carers for any purpose other than asking a question related to the Services, including, but not limited to, recruiting or otherwise soliciting any Carer to join third-party services, applications or websites, without our prior written approval;
    3. request, accept or make any payment to a Carer outside of our Website or App. If you do so, you acknowledge and agree that you:
      1. would be in breach of these Terms; and

      2. will pay us what the Fee would have been had the engagement been through our Website or App;

    4. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour; or
    5. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of our Website or App.

19. Termination

  1. Use of our Services, Website and App is a benefit and not a right. That being the case, if any of the following apply or we have reasonable grounds to believe that any of the following apply:

    1. you are in breach of these Terms or any of our other Policies;

    2. you have committed an act of bankruptcy or are placed into liquidation;

    3. you hold a criminal record or are otherwise not a suitable person to use our Services;

    4. you have treated the Carer inappropriately or your conduct towards Carers or in use of our Website, App or Services is otherwise inconsistent with our values or detrimental to the value or reputation of our business, Website, App or the Services; or

    5. a receiver or manager has been appointed in respect or any part or the whole of your assets or you are otherwise unable to pay the Fees when they fall due, then we may immediately terminate your use of the Services and your access to the Website and App.

  2. Termination or cancellation of your use of our Services, Website and App will not affect the rights, powers, remedies, obligations, duties and liabilities of either party which have accrued before termination.

  3. If we do decide to terminate your use of our Services, Website and App, you must not apply for a new account as unfortunately you will no longer be welcome.

20. Privacy of Information and Authorisations

  1. By using our Services, Website and App, you authorise us to collect, retain and use information about you in accordance with our Privacy Policy.
  2. You agree to provide us with any consents we require to enable us to access any third party data, services or platforms to the extent we require such access to enable the proper provision of our Services under these Terms.

21. Disputes with us

  1. If you have a dispute with us, please get in touch and we will try to resolve it informally. If we have not been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.

  2. The Commerce Commission is responsible for enforcing a number of consumer laws, including the Fair Trading Act (which prohibits false and misleading behaviour). If you have a complaint about us, our Website or our App being misleading, you can refer it to the Commission.

22. General

  1. We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our Website and update the “Last Updated” date at the bottom of these Terms. If you disagree with the revised Terms, you should cease using our Services. If you continue to use our Services after the date the revised Terms become effective, your continued access to and use of our Services will constitute acceptance of the revised Terms.

  2. You must pay us costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.

  3. If any of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision must be deemed to be severed from these Terms and the remaining provisions must continue in force.

  4. A failure or delay in enforcing a right pursuant to these Terms is not a waiver of that right. Any waiver must be in writing and signed by the party granting the waiver.

  5. You must not assign or subcontract any of your rights, powers or obligations under these Terms without our prior written consent.

  6. We are not liable to you for any defect, loss, damage or delay caused by unforeseeable circumstances outside of our control.

  7. These Terms will be governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.

  8. These Terms apply in preference to any terms supplied by you. Except as may be set out in a separate written and signed agreement between you and us, these Terms represent the entire agreement of the parties in relation to the supply of our Services .


Last updated: November 2020