Content and implementation of the terms
1 The Babysitter registers with ‘Babysitter Near Me’ and will thereby submit the information required, also including an e-mail address, name, address, and postcode. ‘Babysitter Near Me’ will confirm the registration of Babysitter. At that moment, the mediation between ‘Babysitter Near Me’ and Babysitter is adopted, to which these terms and conditions are applicable.
2 The Family registers with ‘Babysitter Near Me’ and will thereby submit the information required, also including an e-mail address, name, address, and postcode. ‘Babysitter Near Me’ will confirm the registration of the Family. At that moment, the mediation agreement between ‘Babysitter Near Me’ and the Family is adopted, that these terms and conditions are applicable to.
3 Babysitters can choose to make their profile visible to everyone, only to ‘Babysitter Near Me’ users, or to all users that the Babysitter has been in contact with. If the Babysitter chooses “everyone”, public search engines (such as Google) and job vacancy websites will include the profile as well.
4 The data of the Babysitter will be used to generate a profile on the platform of ‘Babysitter Near Me’. ‘Babysitter Near Me’ will not use the data for different purposes without the express consent of the Babysitter.
5 The Babysitter carries out the Activities on grounds of the agreement with the Family under own responsibility and at own risk. ‘Babysitter Near Me’ is not responsible and/or liable for the implementation and compliance with the agreement for Activities by the Babysitter at the Family.
6 The Agreement between ‘Babysitter Near Me’ and the Babysitter/the Family regards a best-effort obligation, whereby ‘Babysitter Near Me’ exerts itself to bring about an agreement between Babysitter and Familys.
Obligations of the Babysitter
1 The Babysitter is responsible him-/herself at all times for checking his/her (legal) obligations as a Babysitter. This includes, among other matters, registration with the Chamber of Commerce and the disbursement of taxes.
2 The Babysitter is responsible him-/herself for the correctness and completeness of the information that is listed on the platform of ‘Babysitter Near Me’.
3 The Babysitter is obligated to immediately communicate any possible changes to the information to ‘Babysitter Near Me’.
4 The Babysitter has a duty of care during the implementation of the activities. This means that the Babysitter carries out his activities with care.
5 The Babysitter is responsible him-/herself for properly conducting business operations and to submit the (tax) declarations required and/or to take out the insurances required, whereby must be understood a Liability Insurance as well.
6 To make use of the provision of services of ‘Babysitter Near Me’, the Babysitter must have a minimum age of 14 years (or an older age if this applies locally). The Babysitter is responsible him-/herself to pay attention to this. In addition, every Babysitter below 18 is obliged to ask for permission from his/her parents. If the Babysitter does not meet these conditions and has incurred expenses, these costs cannot be claimed from ‘Babysitter Near Me’.
Obligations of ‘Babysitter Near Me’
1 ‘Babysitter Near Me’ takes care of the updating and servicing of the Website and App of ‘Babysitter Near Me’, but ‘Babysitter Near Me’ is unable to guarantee that the platform functions without interruptions.
2 ‘Babysitter Near Me’ receives complaints of the Family and takes care of the transmission thereof to the Babysitter. Where possible, ‘Babysitter Near Me’ will exert itself to handle the complaint, in consultation with the Babysitter. ‘Babysitter Near Me’ is not a party to cases of complaints.
Obligations of the Family
1 The Family is responsible him-/herself at all times for his/her choice to engage a Babysitter via ‘Babysitter Near Me’ and to verify whether the babysitter is suitable for the activities to be conducted.
2 The Family is responsible itself for the financial obligations on account of the Babysitter.
3 The Family obliged to observe the reasonable use policy as indicated in article 9 of these Terms and conditions.
Reasonable use policy
1 ‘Babysitter Near Me’ applies a reasonable use policy. This policy means that Parties may use the on-line platform of ‘Babysitter Near Me’ in reasonableness.
2 What is reasonable is determined by the judgment of ‘Babysitter Near Me’.
Payment terms
1 Payment processing services for the Babysitter are provided by PayPal and are subject to the PayPal Connected Account Agreement, that comprises the PayPal Terms of Service (jointly, the “PayPal Services Agreement”). By agreeing to these conditions or by continuing as a Babysitter on ‘Babysitter Near Me’, the Babysitter and the Family agree to be bound by the PayPal service agreement, as it can be modified by PayPal from time to time. As a condition for ‘Babysitter Near Me’ that enables the payment processing services via PayPal, the Babysitter/the Family agrees to provide ‘Babysitter Near Me’ with accurate and complete information about the Babysitter/the Family, and the Babysitter/the Family grants permission to ‘Babysitter Near Me’ to share this and transaction information regarding the use of the payment processing services that are offered by PayPal.
2 ‘Babysitter Near Me’ is not reponsible for any payments settled by the Family directly to the Babysitter.
3 All prices that are listed by ‘Babysitter Near Me’ and the Babysitter are inclusive of VAT and travel expenses, mileage allowance, unless established otherwise.
4 ‘Babysitter Near Me’ has the right to annually adjust its fee. ‘Babysitter Near Me’ will inform the Babysitter/the Family of this price adjustment in writing.
Liability and safeguards
1 Upon implementing the Provision of Services, ‘Babysitter Near Me’ will apply all care and competency that can reasonably be expected of ‘Babysitter Near Me’. This Provision of Services is limited to the mediation. ‘Babysitter Near Me’ is never liable for the conducting of the Activities by the Babysitter at the Family.
2 ‘Babysitter Near Me’ is not liable for damage of any nature whatsoever because it relied on incorrect and/or incomplete information provided by the Babysitter/the Family, unless such incorrectness or incompleteness should have been knowable for ‘Babysitter Near Me’.
3 ‘Babysitter Near Me’ is not liable for all direct or indirect damage incurred by the Babysitter/the Family, also including consequential damage, that is related to a shortcoming by ‘Babysitter Near Me’ or by persons deployed by ‘Babysitter Near Me’ in the implementation of the mediation agreement, unless in the event of willful intent and/or gross fault.
4 ‘Babysitter Near Me’ is not liable for material and/or immaterial and/or (consequential) damage that has occurred due to the Babysitter/the Family.
5 The Babysitter/the Family safeguards ‘Babysitter Near Me’ against all third-party claims for which ‘Babysitter Near Me’ is not liable pursuant to the preceding.
6 The burden of proof regarding any alleged liability of ‘Babysitter Near Me’ lies with the Babysitter/the Family. The Babysitter/the Family accepts this burden of proof.