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Terms & Conditions

Introduction

Findababysitter.com (FAB) is a brand of Findababysitter.com Limited of Studio 419, Metal Box Factory, 30 Great Guildford Street, London SE1 0HS whose company number is 05449521. These terms and conditions are a binding document; they should be read in conjunction with the Acceptable Use Policy which together govern your use of our services and our provision the service. You are advised to read these terms and conditions carefully. This will help you ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by FAB.

Your use of this site will confirm your acceptance with these terms and conditions.

1. Definitions and Interpretations

1.1 “Agreement” shall mean these terms and conditions;

“Candidate” shall mean: Nannies, Babysitters, Childminders, Private Midwives, Maternity Nurse, Governess, House keeper, Cleaner and or Tutor;

1.2 “Employer” shall mean a parent, parents and or agencies;

1.3 “Members “shall mean: a person, individual and or entity that has a valid account on the Website.

1.4 “The Website” shall mean: http://www.findababysitter.com/

1.5 The term "You" & "User" are refer to all persons, individuals and/or entities using this Website for any reason.

2. Description of FAB Service

2.1 FAB is not an agency. FAB is an open medium where Members are able to post their details as Candidates. These details are prior to posting; screened as per clause 6 of these terms and conditions.

2.2 The details posted by Candidates will be used by Employers to contact them.  For the avoidance of all doubt all contact details provided by persons registering as Candidates

3. Right of withdrawal

You are informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 you have a period of seven working days starting from the time of your purchase on the Website to obtain a full refund of your purchase. However, this right is lost should you access and or use the element of the service you purchased.

4. Use of the FAB website

4.1 The Website may only be used for lawful purposes. A full Acceptable Use policy (AUP) applies to your use of this service.

4.2 The Website may only be used by Employers seeking Candidates or by Candidates registering their details for Employers to contact them with a view to providing domestic or related employment, or seeking private care for their child, children or home.

4.3 FAB vehemently prohibits and you warrant not to use the Website to do any of the following activities and or actions:

4.3.1 the uploading of false, incorrect or incomplete postings of your biographical information or information which is inaccurate or not your own or for which you do not have the express consent to upload;

 

4.3.2 the uploading or otherwise disseminating of information which is or can be seen to be, defamatory, discriminatory, xenophobic, racist, sexist, prejudice or in the reasonable opinion of FAB is otherwise offensive;

 

4.3.3 copying, reproducing or otherwise using for any purpose content relating to other Members, except for the explicit requirements for usage of the Website or for the Member's own strictly personal and private use;

 

> 4.3.4 distributing, displaying or the transmission of information or content which is of a commercially sensitive nature;

 

4.3.5 distributing, displaying,  or the transmission or posting of content on the Website that may cause FAB to infringe the copyright, trademark or other intellectual property rights of others or violate an individual's privacy or personal rights;

 

4.3.6 not to misuse your account details that could result in them being accessed by anyone other than yourself. You must not log into a Member’s account which you do not have authorization to access;

 

4.3.7 Searching the FAB candidate database for any purpose other than to find private care for your child, children or home or as your status as an Employer.

 

4.4 A failure to comply with any aspect of clause 4 shall (without prejudice to any other right of FAB contained in this Agreement or elsewhere) will result in the termination of a Member account without any refund for any service purchased.

4.5 The Website may only be used by individuals aged 16 years of age and older.

5. Intellectual property

5.1 FAB allows the use & download of material provided by FAB on the Website. Such use and or download is for your personal use only; it should not be used as part of any commercial transaction and or commercial promotion and or offer.

5.2 The trademark FINDABABYSITTER.COM,logos, graphics, photographs, animations, videos and texts featured on the Website are the intellectual property of FAB or its partners and may not be reproduced, used or represented without the express permission of FAB or its partners, under threat of legal action.

5.3 The rights of use granted by FAB to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's account with FAB. Any other use by the Member is strictly prohibited without the authorisation of FAB.

5.4 Any content uploaded and or posted by Members shall be the property of the Member. The Member hereby grants FAB a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of disseminating on the Website. 

5.5 The licence in particular incorporates the right for FAB to reproduce, represent, adapt, translate, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (including but not limited to information, images, videos, descriptions, search criteria, etc.) on all or any part of the Website by email and or in and/or in mailings sent by FAB to Employers  or any other party interested (in so far as it pertains to services provide by FAB) in the information in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom). The Member expressly authorises FAB to modify any and all content in order for it to conform to the look and feel of the Website. These rights are worldwide and exist for the entirety of the Agreement.

6. Fees

6.1 Members of the Website are permitted to search for Candidates. In order for Employers or other Members alike to contact Candidates on the Website the Employers will need to have an up to date paid for account (Subscription). The cost of Subscriptions and the different packages available for purchase are at all times displayed on the Website.

6.2 Employers can post on the Website, their need for and any roles they may have available to Candidates for free. In order for an Employer to access a reply from a Candidate; a valid Subscription is required. 

6.3 In order to avoid interruption/disruption to your use of the Website; Subscriptions are made subject to automatic renewals. Should you wish to cancel your automatic renewal you may do so by contacting us via the Website.

7. Screening and vetting

7.1 FAB acts as a mere conduit for the online publication of a Member’s information. The Screening and vetting of a Member and their information by FAB is limited and should not be taken as conclusive of their ability and our suitability as an Employer and or Candidate.

7.2 For the avoidance of all doubt FAB gives no warranty that any information on the Website is accurate, truthful, up to date, fit for a particular purpose etc.  FAB is under no obligation to thoroughly vet and or screen the information submitted by Candidates and or Employers

7.3 The use or reliance of any information on the Website is solely down to the Member and the Member acknowledges and absorbs all of the risk in using and relying upon any Candidate, Employer, Member and or FAB information.

7.4 Members are advised to inform FAB should they discover any information that does not correspond with the FAB’s policies and or practices especially those pertaining to safety which are accessible here: http://www.findababysitter.com/advice/staying-safe

7.5 If notified by a Member of any information/communication which does not conform with the FAB’s policies and or practices then, FAB may investigate an allegation and determine at its sole discretion whether to remove information or communication.

7.6 FAB offers the ability to purchase a Background Check facility from Experian Ltd. For the avoidance of all doubt this is a third party product which is subject to a separate set of terms and conditions. This Background Check facility is available to Candidates. FAB offers no warranty and accepts no liability arising from or relating to this Background Check facility. The final decision to have communications and/or use information relating to this Background Check facility on the FAB site is at the risk of Members.

8. Limitation of liability

8.1 This clause (and any other clause that endeavours to exclude/restrict our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

8.2 FAB shall not be liable under any circumstances for any loss, damage, expense, or compensation suffered or incurred by the User either directly or indirectly arising from or in any way connected with FAB and or the use of the Website.

8.3 FAB does not guarantee and or warrant the suitability, reliability, honesty, capacity, qualifications and or of any Candidate introduced to the User. The final decision to employ a Candidate is the sole responsibility of the User. The User shall therefore satisfy themselves as to the suitability of the Candidate and the User shall take up any references provided by the Candidate to it before employing a Candidate. FAB does not accept any liability for any inconvenience, damage or loss arising whether caused directly or indirectly from any act or omission of a Candidate introduced to the User by FAB.

8.4 FAB is not responsible for the User and Candidates contract of employment. These are to be arranged between the User and Candidate. FAB offers a contract of employment as for illustration purposes only to all Candidates and or Employer’s

8.5 FAB does not guarantee the reliability or accuracy of content provided on the Website. Nor does FAB guarantee that the services will be without fault and or free from error. FAB does not guarantee that a Users specific requirements will be met by their use of the Website.

8.6 Our liability of any kind (including our own negligence) with respect to the services or the use of the Website for any one event or series of related events is limited to five times the total fees payable by you in the 12 months before the event(s) complained of or the sum of £500 whichever is higher.

9. Indemnity

9.1 By using the FAB website you agree to indemnify FAB, our directors, employees, agents, subcontractors, and affiliated companies against any and all third party claims and liabilities related to your breach of this Agreement.

10. Data Protection

10.1 By registering with FAB you agree to provide certain personal information. FAB’s usage and storage of this information is explained in the Privacy Policy.

11. General

11.1 You, the User, are responsible for your password and any information provided by you to the website. Any and all uses of your registration with the FAB website are your sole responsibility. Should there be any unlawful or unauthorized use of your password or registration You agree to notify FAB immediately.

11.2 Any failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of it.

11.3 FAB reserves the right to modify & revise these Terms & Conditions at any time without prior notice. Each time You use FAB you should review these Terms & Conditions as by using FAB You are bound by them.

11.4 These Terms & Conditions shall be construed in accordance with and governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

12. Member get member reward and participation

12.1. Reward
12.1.1. Rewards are calculated by Findababysitter.com according to the amount of referrals you have made for your Participation. Your reward will be in pounds sterling and returned to via a transfer to your PayPal account (where reward accumulated is greater than £10). You will be responsible for any Paypal transfer fee's incurred.
12.1.2. Rewards Payment dates are subject to change.
12.1.3. To receive your rewards you must be a registered Findababysitter.com customer at the time of the Member Get Member Reward Payment.
12.1.4. It could take up to 15 days for Findababysitter.com to fulfil your Rewards.
12.1.5. If you receive Member Get Member Rewards, there may be personal tax implications for you, which you will be required to take responsibility for.
12.1.6. Findababysitter.com Rewards can be collected from the date your account is approved.
12.1.7. Rewards may not be transferred to friends, family members or any other third parties.
1.8. Findababysitter.com’s decision as to the value of your Rewards is final and no correspondence will be entered into.

12.2. Participation
12.2.1. Participation activity that may qualify for Rewards shall be determined by Findababysitter.com.
12.2.2. Findababysitter.com reserves the right to, from time to time, alter the weighting of the Rewards allocated to any given activity at any time.
12.2.3. The dates during which Rewards shall be allocated by Findababysitter.com are subject to change.
12.2.4. We may suspend this Rewards service or discontinue it at any time. We will provide notice to you of this on Findababysitter.com. If we suspend or discontinue the Rewards service then we will stop rewarding points for Participation. If you are eligible for Rewards before the suspension or discontinuation of the service, we will honour it.
12.2.5. We may suspend or remove you from the Rewards service at any time and without notice to you if you have provided false or misleading information or if we suspect that you are misusing this service, you have breached these terms and conditions, the Findababysitter.com standard terms and conditions of service, the Findababysitter.com Privacy, or if we have received a serious complaint about you (whether or not it is ultimately proven) or if you have otherwise engaged in conduct which may breach any law or regulation or bring Findababysitter.com into disrepute. In such instance, Findababysitter.com reserves the right to remove any or all of your Rewards.
12.2.6. You are responsible for providing Findababysitter.com with accurate information. Findababysitter.com shall not be held responsible for any incorrect information that you provide to us or any delays or other circumstances you experience which may affect your ability to receive Rewards.
12.2.7. Findababysitter.com are not liable for loss of income[TH1] , business or profits, (whether direct, indirect or consequential and including loss of revenue or profit) or for any loss or data in connection with your use of this service.

12.3. Promoting Findababysitter.com
12.3.1. Findababysitter.com members are presented with alternative methods to promote the service.  Every new parent subscription referred by an existing customer tracked using the unique referral code is eligible for £10 cash, and the new parent subscription is rewarded with a £10 discount on their subscription.
12.3.2. The methods of promoting Findababysitter.com via Member get Member activity are:
a) To share your own order page via social media, your own website or a site that you control.
b) Promoting your unique discount code offline.

3.3. Findababysitter.com provides these methods as a way to promote but could refuse rewarding a customer if he/she is using inappropriate methods of promotion. Inappropriate promotion could include:
a) Infringing trademark rights of Findababysitter.com or any third party or otherwise violating the rights of any third party. You may use certain promotional content that Findababysitter.com provides to you. You agree to forward any claims or complaints you may receive in connection with the promotional content to Findababysitter.com immediately, and you also agree to remove it immediately upon Findababysitter.com's request.
b) Bidding on Findababysitter.com related terms. You may not bid on search terms or keywords used by any internet search engine or other directory or referral service (e.g. Yahoo Search Marketing, Google, etc.) to return or prompt internet search results, if keyword is, includes, or is confusingly similar to any Findababysitter.com trademark.
c) Sites that include Findababysitter.com trademark in the domain name. You may include Findababysitter.com as part of a subdirectory (i.e. example.com/findababysitter), or a subdomain (i.e. findababysitter.example.com) but not in the main URL structure (i.e. joinfindababysitter.com)
d) Impersonating Findababysitter.com. You may not promote Findababysitter.com in a way that you include, without limitation, graphical images, logos, text copy, editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, Findababysitter.com; (ii) is misleading, defamatory, libellous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of Findababysitter.com or any third party; (iv) refers to Findababysitter.com but is used as part of a name of a product or service of a company other than Findababysitter.com; or (v) is used in any other manner inconsistent with these terms and conditions or with any provision of law. We may at our discretion ask you to modify your promotional material or clearly state that your site is not official and to include links to Findababysitter.com.
e) Contain sexually explicit materials or hate/violent/offensive content.
f) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
g) Promote illegal activities or otherwise violate any applicable laws (this includes SPAM). If you want to send out any emails that advertise or promote Findababysitter.com, you will need Findababysitter.com's approval. Emails or other communications must comply with the Data Protection Act and any other relevant laws, in particular, the Privacy and Electronic Communications Regulations 2003.
h) Do not clearly state an online privacy policy to their visitors.
i) Use fraudulent means to prompt clicks.
j) Otherwise are considered inappropriate in Findababysitter.com's view.
12.3.4. Findababysitter.com will keep its right, title and interest in its names, logos, trademarks, service marks and copyrights, including those that it may use or develop in the future. Any goodwill resulting from your use of Findababysitter.com's name, logos, trademarks, service marks and copyright will not create any right, title or interest for you as a Member Get Member participant.
12.3.5. You will maintain the quality of your services at a level satisfactory to Findababysitter,com. Findababysitter.com shall at times have the right to review your activities. You are responsible for notifying Findababysitter.com of any problems with your participation in the Promotion.
12.3.6. You confirm that: (a) the promotion of Findababysitter.com does not (i) infringe on Findababysitter.com's or any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable laws or regulations; (iii) contain defamatory or libellous material; (iv) contain lewd, pornographic or obscene material; (vii) contain viruses, Trojan horses, or other similar harmful programmes; and (b) you have and comply with a privacy policy that is prominently displayed on your Site.
12.3.7. Findababysitter.com shall not be liable for any direct, special, indirect, incidental or consequential damages (including, but not limited to loss of use, data, profits or business interruption) arising in any way out of this agreement, however caused and whether under contract, tort (including negligence), strict liability, or otherwise, even if Findababysitter.com has been advised of the possibility of such damage.
12.3.8. You agree to indemnify, defend and hold harmless Findababysitter.com and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any of your representations or obligations.
12.3.9. Either Findababysitter.com or you may terminate this agreement at any time, for any reason. Findababysitter.com can terminate this agreement immediately if you breach any of these terms or conditions. You will have to immediately stop using Findababysitter's name, logos, trademarks, service marks, creative work, when this agreement ends.
12.3.10. Findababysitter.com may amend these terms from time to time.

Updated 26/02/2015