Loading...
GENERAL TERMS AND CONDITIONS - Findababysitter

GENERAL TERMS AND CONDITIONS AND CONDITIONS OF SALE OF SERVICES OF THE FINDABABYSITTER.COM WEBSITE

Legal notices

This website Findababysitter.com has been created and published by Yoopies SAS, a simplified joint-stock company with share capital of €26,225.00, with its registered office at 26 rue Richer, 75009, Paris, France, registered on the Paris Trade and Companies Register under the number 533 592 051,

Tel.: 01 76 40 00 01

E-mail: contact@yoopies.fr

Publishing Director: Benjamin Suchar – contact@yoopies.fr

Creative Director: Benjamin Suchar – contact@yoopies.fr

Intracommunity VAT number: FR06 533592051

SIRET number: 533 592 051 00023

This website is hosted by AmazonWebService Amazon CS Ireland Ltd, Unit 27, 6400 Cork Airport Business Park, Kinsale Road, Cork, Ireland. Amazon CS Ireland Ltd. Amazon CS Ireland Ltd is an Amazon Web Services (AWS) group company with its registered office at Inc. P.O./ Box 81226, Seattle, WA 98108-1226, Tel.: (206) 266-4064 (http://aws.amazon.com).

1. Introduction

These General Terms and Conditions of Sale and Use of the Findababysitter.com Website (hereinafter referred to as the “General Terms and Conditions”) are aimed at setting out the conditions for accessing and using the online Platform and service offered by the company , a simplified joint-stock company with share capital of €26,225.00, with its registered office at 26 rue Richer, 75009, Paris, France, registered on the Paris Trade and Companies Register under the number 533 592 051 (hereinafter referred to as “the Company”), publisher of the website Findababysitter.com , and specifying the framework of the relationships between Members and the Platform.

The website Findababysitter.com is available in English at https://www.findababysitter.com/.

2. The aim of Findababysitter’s activity

Findababysitter.com offers the following services:

• Findababysitter.com provides Service Providers and Service Users with technical tools and means allowing them to connect via the Platform in order to enter into a work or services contract,

• Findababysitter.com hosts Assignment offers and requests, and more generally all content generated by Service Providers and Service Users,

• Findababysitter.com organises Assignments and payment for these in accordance with the procedures set out in these General Terms and Conditions.

• Findababysitter.com connects Service Users and Service Providers offering the following services:

- Childminding services: Profiles for full-time or part-time nannies, part-time babysitters, (after nursery/school), emergency or occasional-use nannies, or childminders.

- Private home-based tutoring: Profiles of professionals specialising in providing home-based tutoring in around twenty subjects (English, mathematics, French, Spanish, physics, piano, etc.)

- Assistance and/or support for the elderly: Profiles for female companions and carers to assist elderly relatives (shopping, housework, cooking, personal care, etc.)

- Household maintenance and housework: Profiles for domestic help assistants or maintenance technicians for all household tasks.

- Animal care: Profiles for pet-sitters offering pet-walking and/or pet-sitting services.

It must be noted that Findababysitter.com’s obligations are limited to implementing the means necessary in order to connect Service Providers and Service Users and assist them with respect to their relations.

3. Acceptance of the General Terms and Conditions

Use of the Findababysitter.com website is subject to these General Terms and Conditions for the Findababysitter.com website (the “General Terms and Conditions of Use”). By using the Findababysitter.com website, Users acknowledge that they have read, understood and unreservedly accepted these General Terms and Conditions. Moreover, by using the Findababysitter.com website, Users acknowledge that they have accepted the privacy and personal data protection policy.

Findababysitter.com may amend and update these General Terms and Conditions of Use as well as the Privacy and Personal Data Protection Policy at any time. The General Terms and Conditions of Use and the Privacy and Personal Data Protection Policy applicable when the Findababysitter.com website is used are those by which the User is bound.

Users are advised to keep-up-to date with the currently applicable terms and conditions. The currently applicable version of the General Terms and Conditions of Use and of the Privacy and Personal Data Protection Policy can be viewed at any time by clicking on the link “General Terms and Conditions of Use”.

Clause 1: Definitions

In these General Terms and Conditions, words or expressions beginning with a capital letter, whether used in the singular or the plural, will have the following definitions:

“Premium Subscription”: a paid subscription giving access to the paid services offered by Findababysitter.com for a limited period, which is tacitly renewable for a period equivalent to the initially chosen period.

“Content”: denotes all offers, messages or information of any nature whatsoever (text, images, videos, photographs, comments, marks, company names, etc.) uploaded by a Member.

“Service User”: denotes a Member, a natural person, wishing to hire the services of a Service Provider via the Platform.

“Service Provider”: denotes a Member registered on Findababysitter.com willing to carry out the Assignment requested by the Service User or offering personal assistance Assignments to Service Users. A Service Provider may be an individual or a business which may or may not provide the services in its own name.

The Service Provider may be a nanny, childminder or babysitter.

“Member”: denotes a Service Provider or Service User using the Findababysitter.com platform.

“Assignment”: denotes the service conferred upon the Service Provider by the Service User.

“Platform”: “denotes the structure put in place by Findababysitter.com, which can be accessed online at the following address: https://findababysitter.com.

“Service”: denotes all paid or free services offered by the Platform.

“Personal Assistance Service”: denotes all of the services offered by the Platform such as nanny services, housework, care for the elderly, tutoring, pet-sitting for the elderly.

“User”: denotes any person using the Platform, whether they are just a visitor or a Member.

“Verification”: an option indicating whether a profile has undergone special Verification.

Clause 2: Intellectual property

1. Content shared by Findababysitter.com

All elements (drawings, images, text, logos) constituting the Findababysitter.com website are the exclusive property of Findababysitter.com. In general, the User is granted a personal, non-exclusive and non-transferable right to access and use Findababysitter.com, with any other right expressly excluded without Findababysitter.com’s prior consent in writing.

The Yoopies and Findababysitter mark and findababysitter.com domain name are and remain Yoopies’ exclusive property.

2. Content shared by the User

Findababysitter.com holds a licence to use the intellectual property rights attached to the content provided by Users for the purposes of distribution on the website Findababysitter.com

The User expressly authorises Findababysitter.com to amend said content in order to comply with the style requirements of the Findababysitter.com website and/or in order to make it compatible with its technical performance requirements or media formats concerned.

Users grant an international and non-exclusive licence to use the information and/or data provided. Users are solely responsible for the content of the information and/or data. Findababysitter.com reserves the right to delete any content highlighted as being illegal, morally reprehensible or infringing intellectual property rights.

When downloading information on the website, the User may restrict or prohibit use of the information put online on the Platform by notifying Findababysitter.com via the website or by post to Yoopies SAS, 26 rue Richer, 75009 Paris.

Clause 3: Accessing and using the Platform

1. Accessing the Platform

The Platform is accessible 24 hours per day, seven days per week. However, Findababysitter.com reserves the right, without providing notice or compensation, to temporarily suspend the Platform or access to the remote Services in order to carry out work including but not limited to updates, maintenance operations and amendments to the servers.

Findababysitter.com reserves the right to complete or amend the Platform and services available on this Platform at any time.

In the event of temporary or prolonged unavailability of the Platform, in particular in the event of glitches or in the event of permanent closure of the Platform, Findababysitter.com cannot be held liable for the damage that occurs other than damage resulting directly from the non-fulfilment of its obligations specified in this instrument.

Findababysitter.com provides no guarantee that the Platform will function without interruption and that the servers providing access thereto and/or third-party websites for which hypertext links appear do not contain viruses.

Findababysitter.com cannot be held liable in the event that one or more Users are unable to connect to the Platform due to any technical fault or issue.

The Platform connects the following persons:

On the one hand: Service Users who are registered on the Platform in order to be connected with Service Providers. They offer to pay the Service Providers to carry out Personal Assistance Assignments. Service Users’ access to the service is restricted to:

· Any natural person with full legal capacity to be bound by these General Terms and Conditions in the context of their Personal Assistance needs and not for the purposes of reselling, leasing or exchanging the Services for the benefit of third parties in the form of a professional or occasional activity.

On the other hand: Service Providers offering Personal Assistance Assignments. Service Providers’ access to the service is restricted to:

· Any natural person aged 16 or over with authorisation to work in the UK and without a criminal record.

Legal persons or natural persons acting on behalf of a legal person are prohibited from registering on the Platform as Service Users without prior written permission from Findababysitter.com, establishing contact with Service Providers, fully or partially recovering the database from the website or using the website.

Findababysitter.com reserves the right to ban any User registered on the Platform and take any legal action if it believes that it has incurred damage of any kind as a result of such acts, more specifically in the event of use of its database for commercial or market research purposes (market research carried out on and/or information collected from Findababysitter.com users, use of Service Providers’ personal information, misleading advertising, etc.)

Service Users and Service Providers registered on the Platform are jointly referred to as “Members”.

As mentioned above, the Company uses the Platform, provides the technical tools and means allowing Service Users and Service Providers to connect, hosts profiles, messages, Assignment requests and more generally any content generated by these, manages the organisation of and payment for Assignments in accordance with the terms laid down in Clause 5.3.

The Company does not carry out any Personal Assistance Assignments. The Company merely acts as an intermediary for connecting Service Users and Service Providers.

2. Registration on the Platform.

In order to use the Services, the User must register on the Platform by completing the dedicated form in order to become a Member. When doing so, the User must provide all information marked as mandatory when completing a form

available online on the Platform. This information must be correct, up-to-date, truthful, and proved upon Findababysitter.com’s first request, as well as updated regularly by the Member via the user profile.

More specifically, the Member must specify a valid e-mail address which will allow them to confirm their registration as well as a telephone number on which they can be contacted.

Findababysitter.com reserves the right to accept or refuse any registration in the event of non-compliance with these General Terms and Conditions of Use.

The Member undertakes to personally use the Platform and refrain from allowing any third party access thereto in their place or on their behalf. The Member undertakes to create just one account.

The Member undertakes to ensure that their username and password are kept secret. Any Assignment carried out using the Member’s username and password will be deemed to have been completed by them, and this Member will therefore be solely responsible for this.

(i) Provisions regarding Service Providers

· Verification of Information

In order to guarantee Service Users the accuracy of information provided by Service Providers called upon to complete Personal Assistance Assignments, Findababysitter.com. offers a Profile Verification System (“Verified Members”). This Verification consists of verifying the identity, personal details and potential qualifications held by babysitters and nannies who have opted for the Verification service.

· Identity: the Service Provider submits an electronic copy of their identity document (Identity Card, Passport, Residence Permit or Document valid for residents from outside the European Union). Findababysitter.com will verify that the surname, first name and age submitted during registration on the Platform are consistent;

· Qualifications: if the Service Provider states that they hold certain qualifications, they will submit an electronic copy of these. Findababysitter.com will verify that the qualification has been issued to the surname and name provided during the Service Provider’s registration.

Service Providers wishing to be verified will pay an amount of £4, which will cover the costs associated with the Verification. Only MasterCard, Visa and Carte Bleue cards will be accepted.

One week of Premium Subscription is offered to Service Providers for whom a Verification has taken place, as specified in Clause 4.1 below.

By publishing an advertisement, Service Providers agree to Findababysitter.com forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations.

Only the content of the advertisement is automatically forwarded and published on the websites of said Findababysitter.com partners. Service Providers’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Service Providers, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Findababysitter.com Platform and must register in order to contact the Service Providers.

(ii) Provisions regarding Service Users

Service Users have the option to publish an advertisement describing the Personal Assistance Assignment for which they wish to find a Service Provider.

By publishing an advertisement, Service Users agree to Findababysitter.com forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations. Only the content of the advertisement is automatically forwarded and

published on the websites of said Findababysitter.com partners. Service Users’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Service Users, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Findababysitter.com Platform and must register in order to contact the Service Users.

Clause 4: Conditions for accessing the Service

Access to and registration on the Platform are free of charge. Usage is also free of charge depending on the services required.

Using the internal messaging service and free of charge, Service Providers who are registered with the Platform may contact Service Users who have published an advertisement.

Service Users who are registered with the Platform may view the availability of Service Providers and send a single message free of charge to a Service Provider via the internal messaging service.

Moreover, in addition to registration, Members may choose to sign up for the Premium Subscription service in order to become a “Premium Member”, it being specified that all packages are subject to a fee.

1. Premium Subscription offered to Service Providers

The Verification procedure gives Service Providers the possibility to sign up for the Premium Subscription service offered as a monthly package, allowing them to take advantage of the following benefits:

· Advertisements of Premium Service Providers will appear at the top of the results list following a default search carried out by Service Users.

· Premium Service Providers have access to the telephone numbers provided on certain advertisements of Service Users who have agreed to provide these, it being specified that access to Service Users’ telephone numbers is only granted once an initial message has been sent.

The Premium Subscription is tacitly renewed every month and costs £9 per month.0

Furthermore, the monthly Premium Subscription is automatically renewed at the end of the week of Premium Subscription offered free of charge during the Verification process.

Subscriptions will be renewed automatically. Renewals can be cancelled at anytime by going to the 'My Account' page - The option is found under 'Premium'

The Service Provider is informed about the automatic renewal at the time of payment for the Premium Subscription and/or during the Verification process. The information is provided on the dedicated page before these actions are carried out, as well as in the e-mail confirming the Premium Subscription and/or the Verification process. Upon each monthly payment due date for the subscription, the Service Provider will receive an e-mail confirming their renewal.

2. Premium Subscription for Service Users

Any Member Service User may sign up for the Premium Subscription Service offered as a monthly, quarterly or annual package, allowing them to take advantage of the following benefits:

· Advertisements of Premium Service Users will appear at the top of the results list following a default search carried out by Service Providers.

· Premium Service Users may contact Service Providers on an unlimited basis via the internal messaging service;

· On an unlimited basis, Premium Service Users may contact Service Users who have published a care advertisement shared via the internal messaging service;

· Premium Service Users will have access to the telephone numbers of all Service Providers who have agreed to provide these, it being specified that access to Service Providers’ telephone numbers is only granted once a response from the Service Provider has been received via the internal messaging service;

· Premium Service Users may view advertisements published by other Service Users in relation to Service Provider Assignments. They may contact the Service Users who have created these advertisements via the internal messaging service on an unlimited basis;

· Premium Service Users may reserve Service Providers;

The after-tax price of Premium Subscriptions can be found on the website in the dedicated area. The price of these subscriptions decreases depending on the subscription period requested:

· For one month: £29.90 including all taxes

· For three months: £59.70 including all taxes

· For one year: £118.80 including all taxes

Payments are made in cash online via credit or debit card: Carte Bleue, Visa, MasterCard.

Service Users must provide their credit or debit card number as well as the expiry date and the three-digit security code on the back of the card. The SSL (Secure Sockets Layer) protocol guarantees complete secrecy of personal information provided online.

All payments are final and no partial or total refund for the subscription will be granted by Findababysitter.com unless a request is made within the legal seven-day cooling-off period. However, this right is lost should you access and/or use the element of the service you purchased, as specified in Clause 9 below.

Service Users are able to submit a discount code offering them a discount on the standard price or a number of days of free subscription.

The Premium Subscription service is tacitly renewed for the same term as the one initially chosen.

It is possible to end the automatic renewal of the Premium Subscription at any time by selecting the “Stop the automatic renewal” option which can be found by clicking on the section “My Account”, then selecting “Premium”, then the “Option” tab.

The Service User is informed about the automatic renewal at the time of payment for the Premium Subscription. The information is provided on the dedicated page before these actions are carried out, as well as in the e-mail confirming the Premium Subscription. Upon each monthly or quarterly payment due date for the subscription, the Service Provider will receive an e-mail confirming their renewal, informing them of the possibility to stop the automatic renewal. If the payment due date is annual, the Service User will receive an e-mail one month before the renewal, informing them of the option to stop the automatic renewal.

In the event that an Assignment is currently in place between a Service Provider and Service User, the Service User may not stop the automatic renewal of the Premium Subscription until the Assignment(s) has/have been completed and/or cancelled.

Clause 5: Description of the Services

1. Internal Messaging Service

A Service User may contact a Service Provider via the internal messaging service. In the first message, they must provide information on their Assignment request: the type of service, frequency, days of the week and hours.

If the Service Provider agrees to contact the Service User, the Service User may then offer:

· One or more interviews to the Service Provider, specifying the date and times of the meeting and, if the interview will be in person, the place.

· a telephone interview, in which case it is not necessary to specify the place of the meeting.

Provided that they have signed up for the Premium Subscription service, the Service User may send written messages to a Service Provider, as long as this initial contact has been accepted by the Members. If the Service User has not signed up for the Premium Subscription service, they may only send one written message.

The Service User may access the telephone number provided by the Service Provider as soon as the Service Provider agrees to the contact with the Service User.

A Service Provider may contact a Service User via the internal messaging service. When the first message is sent, the Service Provider is asked to provide their covering letter in response to the Service User’s offer.

The Service User may access the telephone number provided by the Service Provider as soon as the Service User agrees to the contact with the Service Provider.

Provided that they have signed up for the Premium Subscription service, the Service Provider may access the Service User’s telephone numbers as soon as the Service User accepts the contact by the Service Provider.

The Service Provider may accept, refuse or discuss a Service User’s request for an interview.

The Service Provider may accept, refuse or discuss a Service User’s reservation request.

The Service Provider may send written messages to a Service User provided that the initial contact has been accepted by both parties.

2. Reservation (Assignment Request)

The Service User is free to contact the Service Provider outside the Platform and/or make an Assignment Request using the Platform by selecting “Book” on the Service Provider’s profile. A Service User may in any case make an Assignment Request without sending a message to a Service Provider beforehand.

The Service User is free to choose the Service Provider who best meets their needs, either by directly sending them an Assignment Request via the Assignment form or by accepting their application after the Assignment offer has been circulated via the Platform.

Under no circumstances will Findababysitter.com advise or guide the Service User when choosing a professional or when hiring a home-worker. The Service User is solely responsible for selecting the Service Provider who they will contact and they undertake to comply with the legislation in force when drawing up the contracts between them. Findababysitter.com does not guarantee the Service User that the Service Provider has the necessary documents allowing them to carry on a paid or unpaid activity in the UK. Findababysitter.com cannot be held liable under any circumstances.

To reserve a Service Provider, the Service User will complete an Assignment form describing the Personal Assistance Assignment for which they wish to find a Service Provider. More specifically, the Service User will provide the following information on the reservation form:

· the type of service

· the frequency of the Assignment (single Assignment or recurring Assignment)

· the days of the week and hours of the Assignment

· the start date of the Assignment

· the end date of the Assignment

· a personalised message describing the requirements and providing the essential information required in order for the Assignment to be carried out correctly

· the address of the location of the Assignment

· a telephone number

In general, the Service User undertakes to provide all information and means necessary to allow the Service Provider to carry out the Assignment and undertakes to pay the Service Provider for their Assignment.

The hourly rate specified on the Platform corresponds to the price for one hour’s work on an Assignment. This price cover Find a baby sitter by Findababysitter.com Platform and admin costs.

The assignment price is displayed under the words “Total cost” in the reservation summary.

If the Assignment is a single one, the price corresponds to the hourly rate multiplied by the number of hours involved in the Assignment.

If the Assignment is a recurring one, the price is the weekly rate (i.e. the number of hours in the week multiplied by the hourly rate).

The price is displayed in pound and includes all taxes.

Service Users are able to enter a discount code. This discount code may offer a reduction on the hourly cost or free Assignment hours. This discount code must be entered into the dedicated “Promo code” box at the time of confirmation of the reservation request and/or at the time of reservation. The Service User must select “Apply” in order to ensure that the discount code is taken into account.

The actual cost of the Assignment corresponds to the sum of the Assignment price and the related costs, minus any grants and tax credits which the Service User may claim. If the Assignment is a single one, the actual cost corresponds to the actual total cost of the Assignment. If the Assignment is recurring, the actual cost corresponds to the actual monthly cost of the Assignment. The actual cost is also related to one Assignment hour.

This document does not constitute legal advice in any way; only legal professionals are authorised to provide such advice.

The Platform in itself does not provide any home-based services. Rather, it acts as an intermediary with a view to connecting Members.

To reserve a Service Provider for a recurring Assignment, the Service User must a Premium Member and retain this type of subscription throughout the Assignment.

3. Paying the price of an Assignment

When an Assignment is first ordered, the Service User must register a credit or debit card by means of which a pre-authorisation request can be made to their bank for the Amounts Committed for the Services (“the Amounts Committed”), namely:

· the total price of the Assignment for a single Assignment;

· the weekly price of the Assignment for a recurring Assignment.

Only MasterCard, Visa and Carte Bleue cards will be accepted.

The Service User’s bank details will be collected by Findababysitter.com’s payment service providers and retained by them in a secure manner during the period in which they are registered for the Services in order to allow them to make other orders or be able to pay for recurring assignments. The Amounts Committed will only be debited if the Service Provider accepts the Assignment. The transaction is carried out between the Service User and the Service Provider.

4. Confirmation of completion of an Assignment and Adjustments

At the end of each Assignment, for a single Assignment or on the Monday of each week for a recurring Assignment, an e-mail will be sent to the Service User asking them to confirm the actual duration of the work carried out by the Service Provider. The Service User will have 48 hours from the time of dispatch of the adjustment confirmation e-mail which to confirm or adjust the duration of the work actually completed, otherwise the duration initially specified will be automatically confirmed and the amounts corresponding to the Assignment automatically debited and transferred to the Service Provider’s account, credited to a transitory account (“Service User eWallet”) opened for this purpose for the Service User with MangoPay.

In the event of a disagreement between the Service User and Service Provider, the Assignment Price as initially established at the time of reservation on the basis of the number of hours estimated will remain unchanged. The Service Provider will then be paid the Assignment Price initially agreed on in the Assignment Form.

In the event that the actual duration of the Assignment exceeds the duration initially planned, Findababysitter.com will collect from the Service User’s eWallet an amount corresponding to the initial duration plus the additional duration multiplied by the hourly rate.

In the event that the actual duration of the Assignment is less than the duration initially planned, Findababysitter.com will credit the Service Provider’s bank account with an amount corresponding to the duration of work completed multiplied by the hourly rate.

Following the adjustment to the Assignment duration and the Amounts Committed, minus Findababysitter.com’s fee, the amount payable to the Service Provider will be transferred from the Service User’s eWallet to a transitory account (Service Provider’s eWallet) opened for this purpose for the Service Provider with MangoPay.

The amounts contained in the Service Provider’s eWallet will be transferred, minus Findababysitter.com’s fee, via bank transfer into the account for which the details will have been provided beforehand by the Service Provider at the time of creation of their Member account. This transfer will be made on a weekly basis following confirmation of the adjustment by the Service User to the hours completed during the previous week.

It is specified that the payment of the Amounts Committed to Service Providers may be delayed, particularly due to banking restrictions.

If the Service Provider has failed to provide their valid bank details in their Member Account, Findababysitter.com will retain the amounts owed to the Service Provider in the eWallet until the situation is resolved.

Findababysitter.com will notify the Service Provider by e-mail that payments are waiting to be collected and that they are required to provide their correct bank details or new bank details (once a period of five years has elapsed, the amounts owed to the Service Provider can no longer be claimed).

By accepting the Assignment, the Service Provider undertakes to register their bank details in their personal user area on the Platform in order to receive the price of the Assignment.

5. Cancellation of an Assignment

(i) Cancellation by a Service User

Service Users may cancel a single Assignment free of charge and without any compensation to the Service Provider.

In the event of suspension of recurring Assignments, the Service User will contact the Service Provider directly in order to notify them of the suspension, without any need to cancel the Assignment. They may adjust the number of hours completed on the Monday following the recurring Assignment week.

In the event of permanent cancellation of a recurring Assignment, the Service User must assess the quality of the Service Provider’s Assignment and confirm the permanent cancellation of the Assignment. The Service User will be able to adjust the recurring Assignment week immediately, i.e. at the time of cancellation, or carry out this adjustment on the Monday following the recurring Assignment week in accordance with the terms and conditions laid down in Clause 5.4

(ii) Cancellation by a Service Provider

Service Providers may cancel an Assignment free of charge and without any compensation to the Service User.

In the event of suspension of a recurring Assignment, the Service Provider will contact the Service User directly in order to notify it of this suspension, without any need to cancel the Assignment. The Service User may adjust the number of hours additionally completed.

Findababysitter.com reserves the right to terminate a Member’s account in the event of excessively frequent cancellations.

Clause 6: Quality assessment of Assignments

Once work has been carried out by a Service Provider, the Service User will be invited to leave a comment on the quality of the Assignment completed by the Service Provider and give them a rating. The comments and ratings left by Service Users can be viewed by other Users on the Service Provider’s profile.

Findababysitter.com reserves the right not to publish the rating given in the event of abuse or if the rating appears inappropriate.

Service Providers agree that their Assignment(s) may be rated by Service Users and are aware that this will take place on the Findababysitter.com platform.

The aim is to provide Service Users with a guarantee of the skills held by Service Providers called upon to complete Assignments.

Under no circumstances does the rating relate to the person, but rather their Assignment as a home-based Service Provider.

The rating consists of grading several aspects of the Assignment, with ratings of between one and five stars. Adding these grades together gives an overall rating which is also between one and five stars.

The grading criteria are as follows:

  • Punctuality;
  • Conscientiousness;

· Communication skills;

  • Enthusiasm.

If the Service Provider has received at least one rating, the average rating of between one and five stars will be published online next to the Service Provider’s profile, as said profile is published online on the Findababysitter.com website. A new average will be established with each new rating.

Individual ratings given by Service Users to a Service Provider may be disclosed to the Service Provider in question if requested. The Service Provider may respond to the rating, exercising their right to respond, by responding to the rating on their profile.

Depending on their length of service or on trends in ratings given by parents, Findababysitter.com reserves the right to delete ratings.

Clause 7: Payment to the Company

In return for the Services provided to Members, the Company will receive the price of Premium Subscriptions as well as commission on the Price of Assignments.

The amounts paid for Premium Subscriptions and commission are indicated on the Website.

The Company reserves the right, at its discretion and under terms and conditions for which it will have the final say, to propose promotional offers.

The amounts payable for Subscriptions and the applicable commission may be increased or decreased at any time. Members will be informed via any useful means of the date of entry into force of the new amounts thirty (30) days before they are published online.

The new amounts will apply to any Assignment for which the form was created after the entry into force of these amounts and to any Subscription signed up for after their entry into force.

Members acknowledge and accept the fact that they are responsible for acknowledging the amount of commission applicable on the date on which they give a positive reply regarding an Assignment or the amounts applicable on the date on which they sign up for a subscription.

Clause 8: Financial transactions

1. Transactions and Premium Subscriptions.

Findababysitter.com has chosen to entrust Payline with respect to all of its payment services via Debit/Credit Card for Premium Subscriptions. By using the Debit/Credit Card payment system for Assignments offered on the Findababysitter.com website, Members accept the Payline Special Terms of Use, which can be viewed here: http://labs.payline.com/index.php/component/content/article?id=24&.

2. Transactions and Payment for Assignments.

Findababysitter.com has chosen to entrust Leetchi Corp. S.A., via the MangoPay system, with respect to all of its payment services via debit/credit card for the payment of Assignments.

Findababysitter.com therefore allows its Members to become holders of eWallets in transitory accounts. By using the Debit/Credit Card payment system for Assignments offered on the Findababysitter.com website, Members accept the Special Terms of Use for Leetchi’s MangoPay e-money, which can be viewed here: https://www.mynewstartup.com/files/CGU-API-MANGOPAY-Septembre-2013.pdf

Clause 9: 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.

To exercise the right of withdrawal, a letter or e-mail should be sent, clearly expressing the desire to exercise this right and providing the details of the contract or the following message:

“Dear Sir or Madam,

For the attention of Yoopies, 26 Rue Richer, 75009 Paris,

Following the contract entered into on [indicate the date on which the Assignment form was approved or the date on which a subscription was taken out], I hereby exercise my right of withdrawal.

Yours faithfully,

[clearly indicate your surname, first name, registration e-mail and address]”

The request must be sent:

· either by letter posted to the following address: Yoopies, 26 rue Richer, 75009 Paris FRANCE

· or by e-mail sent to the following address: support@findababysitter.com

However, this right is lost should you access and or use the element of the service you purchased. (Non-exhaustive list of examples: exchanging messages with Service Providers or Service Users, request for or completion of an Assignment, etc.).

Clause 10: Roles and responsibilities

1. Roles and responsibilities of Members

Users have the following obligations:

· To refrain from using Findababysitter.com for any purposes other than those defined in this Introduction.

· To refrain from disclosing personal information on their profile, allowing other Users to contact them without going through the services offered by Findababysitter.com.

· To refrain from posting, indicating or disseminating, in any form whatsoever, information or content aimed at decreasing, disrupting or preventing normal use of the Services, interrupting and/or slowing down normal circulation of messages between Users via the Services, such as software, viruses, logic bombs, spamming, etc. Findababysitter.com reserves the right to delete spam messages sent by a User in order to retain normal use of the Service for the other Users.

· To refrain from posting, indicating or disseminating, in any form whatsoever, nor make any comments or engage in any behaviour of a slanderous, damaging, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic nature or with sexual connotations, inciting hate, violence, discrimination or hate [sic], encouraging illegal activities or the use of illegal substances, or more generally activities that are in breach of the purposes of the Platform and able to damage the rights of Findababysitter.com or a third party or which are contrary to public order;

· To refrain from posting, indicating or disseminating, in any form whatsoever, information or content which includes links to third party websites of an illegal nature, contrary to public order and/or non-compliant with Findababysitter.com’ purpose.

Users are reminded that they are not authorised to indicate or disclose to other Users via the Findababysitter.com website information enabling others to identify them, such as their surname, postal address, e-mail address or telephone number.

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

2. Roles and responsibilities of Findababysitter.com

Findababysitter.com and Members are independent parties, each one acting in their own name and on their own behalf.

Findababysitter.com does not enter into any agreement in the name and/or on behalf of a Service Provider or Service User. Service Providers and Service Users enter into agreements directly between themselves via the Platform.

Since the Company is not a party to any agreements entered into between Users, it cannot be held liable in any way for any difficulties which may arise when entering into or during the implementation of these agreements entered into between Users, and nor can it be a party to any disputes whatsoever between them in relation to guarantees, declarations or obligations of any kind by which Users are bound.

More specifically, the Company is therefore not liable for the quality or conformity of Assignments undertaken by Service Providers.

As a result, Findababysitter.com cannot be considered as a Member’s employee/employer under any circumstances.

Findababysitter.com declines any liability for any incidents or accidents which may be suffered by Members or third parties during Assignments. More generally, Findababysitter.com cannot be held liable for damage of any nature (personal, physical, material, financial or any other) arising during an Assignment. No claim in this regard will be accepted.

Findababysitter.com undertakes to provide the Services with diligence and in accordance with the applicable rules, it being specified that it is bound by an obligation of means rather than an obligation to achieve results, which Users expressly acknowledge and accept. Findababysitter.com’s liability is exclusively limited to the provision of the Services in accordance with the terms and conditions set out in this instrument.

Findababysitter.com is not aware of the Content, messages and opinions put online by Users in the context of the Services and does not carry out any moderating, selection, Verification or monitoring of any kind. The Company acts solely as a web host where these messages, content and opinions are concerned.

As a result, Findababysitter.com cannot be held liable for Content written by third parties. Moreover, any claim must be forwarded in the first instance to the author of the Content in question.

Any Content causing damage to any person whatsoever may be reported to the Company in accordance with the provisions laid down in Article 6-I-5 of Digital Economy Law no. 2004-575 of 21 June 2004, and the Company reserves the right to take the measures described in Clause 12.

Clause 11: Penalties for non-fulfilment

In the event of non-fulfilment of any of the provisions laid down in these General Terms and Conditions, or more generally any breach of the laws and regulations by the User, the Company reserves the right to:

• Suspend, delete or prevent access to the Services by the Member or the person responsible for or involved in the non-fulfilment or breach;

• Delete all or part of any Content in relation to the non-fulfilment or breach in question;

• Take any appropriate measures and issue any court proceedings;

• Where applicable, notify the competent authorities, collaborate with them and provide them with all information which may help to identify and stop illegal or unlawful activities.

Clause 12: Suspension and termination

1. Deactivation of a Member’s account

Each Member may deactivate publication of an advertisement published on their personal account in order to be connected with other Platform Members. The deactivation is in this case temporary and the Member may reactivate it any time. As a result, the Member’s account will no longer appear in the search list.

The User may reactivate their account at any time.

2. Termination of the Service Provider Member’s account

Each Service Provider Member may terminate their registration with Findababysitter.com at any time by asking for their account to be closed without any reason and without any costs other than those associated with sending their request. To close an account, no Assignment must be currently underway. A Service Provider Member wishing to close their account while an Assignment is underway must firstly cancel their Assignment(s).

For Service Provider Members holding a Subscription valid as at the date of the termination request, this request will not give rise to any refund for the period remaining until the Subscription expires.

Without prejudice to the other provisions laid down in this instrument, in the event of a serious breach on the part of a Member, Findababysitter.com may terminate their account without warning or official notification. This termination will have the same effects as any termination decided on by the Member.

This termination will take place without prejudice to any damages which may be claimed by Findababysitter.com from the Member or their legal beneficiaries and legal representatives in order to compensate for any damage suffered by Findababysitter.com as a result of such breaches.

Privacy and data protection policy

Clause 13: Access to information

The Data Protection Act 1998 (the Act) gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Clause 14: Identification of entity responsible for processing data

Personal data is collected by Findababysitter.com, whose address is as follows: Yoopies 26 rue Richer, 75009 Paris, France.

Clause 15: General provisions regarding the privacy policy

1. This Privacy Policy sets out the terms under which Findababysitter.com collects, uses, retains and forwards Personal Data provided by Users or collected by Findababysitter.com from Users of the website.

2. The company Findababysitter.com is responsible for processing this data.

3. Findababysitter.com undertakes to collect and use Users’ Personal Data in strict compliance with French legislation on data protection, more specifically the provisions laid down by the French Data Protection Act.

4. By using the website, Users accept that their Personal Data will be treated in the manner and for the purposes described in this instrument. Users are assumed to have read and understood this Privacy and Personal Data Protection Policy since it is necessary to accept it at the time of registration.

5. The Privacy and Personal Data Protection Policy is available on Findababysitter.com at any time and may also be downloaded and printed from the website.

6. The website may contain links to other websites owned by individuals, companies or entities. Under no circumstances is Findababysitter.com responsible for the content of these websites or for their privacy and personal data protection policy.

When Users visit these third-party websites, said websites are likely to collect Users’ personal data. As a result, Users are asked to take note of the General Terms and Conditions of Use as well as the Privacy Policy and any other third-party website document.

7. Anyone wishing to register on the website must provide various information specified below, more specifically their e-mail address, username and password. After registration, the User Account is created. A User may amend, add to or delete their User Account at any time by contacting Findababysitter.com by e-mail at the following address: support@findababysitter.com

Furthermore, in order to initiate a collaboration agreement necessary for home-based services to be offered, the following information will be requested: gender, first name and surname, personal address, postcode, town/city, telephone number, nationality, date of birth, region and town/city of birth, marital status, health insurance policy details, length of reservations in hours and recurrence of Assignment reservations.

If a Service Provider is already registered as a sole trader, their business registration number and declaration date will also be requested. This information will make it easier to connect Service Providers with families.

Clause 16: Data which may be collected by the website

1. Data is collected both via information directly provided by Users and via actions completed by Users on the Website.

2. Findababysitter.com processes and collects the following information: e-mail address, civil status, first name, surname, country, profile picture, addresses, telephone number, IP address, connection and browsing data where authorised by the User, order history, transactions, claims, incidents and correspondence via the Findababysitter.com website.

3. A padlock shows Users whether information to be provided is mandatory or voluntary at the time of collection.

4. More specifically, information is gathered when Users:

• Register on the website;

• Purchase a Premium Pass;

• (For Service Providers) choose to undergo a profile Verification procedure;

• Browse the Findababysitter.com website and view profiles of Families or Service Providers;

• Contact customer services.

5. Recipient of personal data

The company Findababysitter.com alone is authorised to receive Users’ personal data. Data may be sent to sub-contracting companies which Findababysitter.com may use when carrying out its services, particularly Payline.

Findababysitter.com does not sell or lease your personal data to third parties for marketing purposes without your formal consent.

Article 17: Purpose of data collection

The main purpose of the personal data collection is to offer Findababysitter.com’s Users a secure, optimum, efficient and personalised service. Users agree to Findababysitter.com potentially using their personal data in order to:

• Provide the Services;

• Resolve any problems and disputes;

• Personalise, assess and improve the Services and Content;

• Provide Users with information on the Services through targeted marketing and/or promotional offers, with its Users’ consent;

• Prevent, detect and investigate any potentially prohibited and illegal activities and apply the Findababysitter.com’s General Terms and Conditions of Sale and Use;

• Be in a position to comply with its legal and regulatory obligations.

Article 18: Cookies

1. As a general rule, Findababysitter.com uses cookies in order to improve and personalise the website and/or determine its audience. Cookies are small files composed of letters and numbers stored on the User’s browser or on the hard disk of the terminal used by the User.

2. Cookies are not used to gather personal data without the User’s knowledge, but instead to record information on how the User browses the website which may be directly read by Findababysitter.com during future visits and requests by the User, for example the pages viewed or the date and time at which these pages were browsed.

3. Findababysitter.com allows Users to block all cookies. If cookies are blocked, browsing possibilities will be reduced for certain pages of the website.

4. Cookies make it possible to recognise Users during their next visit, secure transactions which Users may make on the Findababysitter.com website, register the language spoken by Users and allow Findababysitter.com to carry out analyses on traffic visiting the website’s information pages with a view to improving the content thereof.

5. Cookies are not automatically activated by default, with the exception of the cookies needed in order for the Findababysitter.com website and services to function. In accordance with the regulations in force, Findababysitter.com requires the User’s consent before activating any other type of cookies.

6. Users are able to set up their browsing software to block or clear cookies.

Chrome

To block cookies:

• In the Chrome menu, select “Settings”;

• Bring up advanced settings;

• Go to the paragraph “Privacy and security”;

• Select “Content settings”;

• In the paragraph “Cookies” (first paragraph), you can authorise storage of local data, prohibit all websites from storing data or block cookies and data from third-party websites.

To delete cookies:

• In the Chrome menu, select “Settings”;

• Bring up advanced settings;

• Go to the paragraph “Privacy and security”;

• Select “Cookies and site data”;

• Search for the cookies that you wish to delete and click “OK”. You may also choose to delete all of your cookies.

Firefox

To block cookies:

• In the Firefox menu, go to “Preferences” then “Privacy”;

• In the “History” paragraph, select “Use custom settings for history”;

• Choose to accept or block cookies and third-party cookies.

To delete cookies:

• In the Firefox menu, go to “Preferences” then “Privacy”;

• In the “History” paragraph, select “Use custom settings for history”;

• Select “View cookies”;

• Look for the cookies that you wish to delete and select “Delete cookie”. You may also choose to delete all of your cookies.

Internet Explorer

To block cookies:

• Select “Tools” then “Internet options”;

• Select the “Privacy” tab, then on “Settings”. Move the slider to the top to block all cookies or to the bottom to allow all cookies;

• To block or allow cookies according to type, move the slider, then Internet Explorer will provide a description of the types of cookies which are blocked or authorised at this privacy level.

• To block cookies on certain specific websites, select “Sites” and type the address of a website, then click “Block” or “Allow”;

• Click “OK” to validate.

To delete cookies:

• Select “Tools” then “Internet Options”;

• Select the “General” tab, then “Browsing history”, then “Delete”.

• Tick the “Cookies” box then click “Delete”.

Safari

To block cookies:

• In the Safari menu, select “Preferences”;

• In the opened window, go to the “Privacy” tab;

• You can choose to block or enable third party cookies.

To delete cookies:

• In the Safari menu, select “Preferences”;

• In the opened window, go to the “Privacy” tab;

• Select “Delete website data” or on “Details” to delete the cookies of your choice.

Clause 19: Entire Agreement

In the event that one of the provisions contained in these General Terms and Conditions becomes invalid or unenforceable following a change to legislation or a court decision, this will not under any circumstances affect the validity and compliance with the other clauses contained in these terms and conditions.

Clause 20: Applicable law – Competent courts – Alternative dispute resolution methods

These General Terms and Conditions are governed by French law.

The French courts will have jurisdiction to rule on any disputes likely to arise between a natural person User and Findababysitter.com.

In the event of a disagreement between Findababysitter.com and a User and if it has not been possible to settle this disagreement in the context of a claim made beforehand in writing directly to Findababysitter.com customer services at the following e-mail address: support@findababysitter.com.