SITTERNEXTDOOR INC. TERMS OF SERVICE
SitterNextDoor Inc. (“SitterNextDoor”, “We”, “Us”) owns and operates the SitterNextDoor website, available at www.yoursitternextdoor.com (the “Website”) which We use to make available the SitterNextDoor platform (“Platform”), any SitterNextDoor mobile applications that We may make available (the “App”), and our babysitter listing and booking services (collectively the “Services”).
- SITTERNEXTDOOR PLATFORM
1.1 Services. The SitterNextDoor Platform helps parents and guardians (“Parent Users”) to connect with and book babysitting services from local babysitters (“Babysitters”) in their selected geographic area.
1.2 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website, Platform, App and Services (“you,” “your,” and “Users”), including Parent Users and Babysitters. SitterNextDoor may modify these Terms at any time in our sole discretion by posting a notice on the Website or App. Any changes will take effect 30 days from the date of posting of an update to these Terms.
- REGISTRATION AND ACCOUNTS
2.1 Babysitter Registration. In order to use SitterNextDoor Services as a Babysitter, you must be at least 13 years old and have a registered account (your “Babysitter Account”). By registering for a Babysitter Account, you represent, warrant and covenant to SitterNextDoor that you are either (a) 18 years old; or (b) you are the parent or legal guardian of the babysitter and hereby agree to be bound by these Terms on behalf of the babysitter and consent to the babysitter using the Website, Platform, App and Services. In addition, Babysitters who register for a Babysitter Account agree to exclusively use SitterNextDoor to book their services and not engage any other electronic third-party daycare or babysitting booking service for a period of 12 months starting from the date of registration.
2.2 Parent User Registration. As a Parent User, you may register for a Parent User account (“Parent User Account”) to book babysitting services (“Bookings”), as well as save and share information on the Platform.
2.3 Accounts. If you register for a Babysitter Account or a Parent User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”); (b) maintain the security of your password; and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
2.4 Eligibility. In order to register for a Babysitter Account, you must be a Babysitter located in a city in which the Services are offered. In order to register for a Parent User Account, you must be the parent or legal guardian of any child for which you use the Services. Parent Users may use the Services in respect of children that are 12 years old or younger. SitterNextDoor reserves the right to amend its eligibility criteria at any time.
2.6 Billing Information. Parent Users who make purchases through the Platform may be required to provide valid credit card information or other acceptable payment information to register (collectively known as “Billing Information”), which will be provided to SitterNextDoor’s third-party payment processor (“Payment Processor”) and used for payment of fees owed under these Terms for any Bookings made through the Services. You shall promptly advise SitterNextDoor if such your Billing Information changes due to loss, theft, cancellation, expiry, or otherwise, and Users shall be liable for any failure to pay fees caused by out-of-date billing information. Parent Users who do not pay for Babysitting services within 24 hours of the completed job using PayPal will be charged using the Billing Information.
2.7 PayPal Information. Babysitters must have a valid PayPal account (“PayPal Account”) necessary for SitterNextDoor to direct deposit any fees collected for Bookings made through the Platform. You shall promptly advise SitterNextDoor if your PayPal Account changes due to loss, theft, cancellation, expiry, or otherwise, and SitterNextDoor shall not be liable for any missed fees caused by out-of-date billing information.
3.1 User Identification. SitterNextDoor reserves the right to request personal information, including identification, to verify User identity and conduct background checks. However, we have no control over the conduct of our Users or the truth or accuracy of the information that Users share on SitterNextDoor. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of any person or entity you may contact by means of the Platform. All Babysitters are independent third parties. We do not endorse any persons who use or register for our Services. USE OF THE SERVICES ARE AT YOUR OWN RISK. SITTERNEXTDOOR SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF YOUR USE OF THE SERVICES OR CAUSED BY ANOTHER USER OF THE SERVICES.
3.2 Babysitters. Babysitters are not employees of SitterNextDoor and SitterNextDoor will not be a party to any contracts for services between Parent Users and Babysitters. SitterNextDoor acts to coordinate advertising and payments between Parent Users and Babysitters but does not act as a representative in any capacity for either party and nothing in our involvement in the marketplace and payment process makes us responsible for the actions of Parent Users or Babysitters.
- PAYMENT TERMS
4.1 Fees. There are no fees to register for the SitterNextDoor Services as a Parent User or Babysitter. However, SitterNextDoor charges a “Services Fee” to the Parent User for any Bookings conducted through the Services. Babysitters agree that SitterNextDoor shall hold the proceeds from any Bookings organized through the Services to be paid out after the completed babysitting job, less any Services Fees charged and collected by Us. Babysitters are responsible for setting the fees charged for babysitting services offered through the platform (“Babysitting Fees”).
4.2 Cancellation. Cancellation of a Booking may incur a cancellation fee. Parent Users or Babysitters who cancel a Booking at least 48 hours prior to the appointment will not be subject to a cancellation fee. Parent Users or Babysitters who cancel a Booking within 48 hours of the appointment will be subject to a cancellation fee of 50% of the cost of the Booking.
4.3 Payment Method. In order to use the Services as a Babysitter or make purchases through the Platform, SitterNextDoor requires Users to provide approved Billing Information and/or PayPal Account. Users hereby agree that all payments will be processed using SitterNextDoor’s third-party Payment Processor, PayPal, and that all such payments will be governed by the Payment Processor’s terms and conditions.
4.4 Taxes. Services Fees collected for Bookings made through the Platform may be subject to applicable taxes which will be determined by SitterNextDoor and added to the respective fees. SitterNextDoor reserves the right to deduct SitterNextDoor’s Fees and any applicable taxes from payments made by Parent Users.
4.5 Babysitter Taxes. Babysitters are responsible for determining the amount of applicable taxes to be charged on Babysitter Fees received in respect of Bookings and are responsible for posting such fee, inclusive of all applicable taxes, on the Platform. Accordingly, SitterNextDoor is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with the Babysitter’s services rendered or income earned.
- LICENSE; INTELLECTUAL PROPERTY
5.1 License. Subject to your compliance with these Terms and your payment of any of SitterNextDoor’s Fees owed hereunder, SitterNextDoor grants you a non-transferable, non-exclusive, license to (a) access and use the Website, Platform and the Services, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the SitterNextDoor names, trademarks, logos or other distinctive brand features without our prior written consent.
5.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “SitterNextDoor Content”), and all intellectual property rights related thereto, are the exclusive property of SitterNextDoor and its licensors. Use of the SitterNextDoor Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, Platform, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SitterNextDoor under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
5.4 User Content. SitterNextDoor does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the SitterNextDoor Website, Platform, App or Service, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Website, Platform, App and/or Services, you grant SitterNextDoor a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website, Platform, App and Services.
6.1 Platform Usage. SitterNextDoor may impose certain limitations on the use of the Website, Platform, App or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the SitterNextDoor Website, Platform, App and the Services only for purposes as permitted by these Terms. SitterNextDoor reserves the right to modify or impose any limitations on the use of the SitterNextDoor Website, Platform, App and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the SitterNextDoor Platform at any time without any liability whatsoever.
6.2 Restrictions. In using the SitterNextDoor Website, Platform and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the SitterNextDoor Website, Platform, App or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the SitterNextDoor Website, Platform, App or any software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other User of our Services or collect or store any information about any other User other than for purposes of transacting with one another;
(g) register for more than one User account or register for a User account on behalf of an individual other than yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Services or the Website;
(j) circumvent the Platform or Services by directly soliciting business with another User; or
(k) advocate, encourage, or assist any third party in doing any of the foregoing.
6.3 Non-Circumvention. All users agree to use the Platform as their exclusive online service for soliciting Babysitters. Use of the Platform to solicit relationships and then exclude SitterNextDoor by seeking payment outside of the Platform is not permitted.
6.4 Opt-Out Fee. Users may only opt-out of using the Platform for processing payments if the User pays SitterNextDoor $250 (“Opt-Out Fee”). Except if you pay the Opt-Out Fee, you agree not to circumvent the payment processing functionality of the Platform. Parent Users must not: solicit babysitters identified through the Platform to contact, hire, work with, or pay outside the Platform. Babysitters must not accept proposals or solicit parties identified through the Platform in order to contact, deliver services, invoice, or receive payment outside the Platform.
You agree to defend, indemnify and hold SitterNextDoor, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, Platform, App or Services; (b) your use of the Website, Platform, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Services, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; or (f) your violation of any contract you enter into with another User of the Services. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
- TERM; TERMINATION
8.1 Termination by SitterNextDoor. SitterNextDoor may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, Platform, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website, Platform, App or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the SitterNextDoor Website, App or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by SitterNextDoor in its sole discretion, and SitterNextDoor will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
8.2 Closing of Account by User. At any time, a User may terminate the User’s account, provided that all amounts owed to SitterNextDoor or any User have been paid.
- THIRD-PARTY CONTENT
9.1 Advertisements. You acknowledge and agree that the Website may contain advertisements from both Babysitters and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that SitterNextDoor shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
9.2 Links. The Website, Platform, and App may contain links to other websites that are not owned or controlled by SitterNextDoor. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by SitterNextDoor of that third party, third-party product or service. SitterNextDoor is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website, Platform or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website, Platform or App of a link to any other website(s) or any advertisements does not imply that SitterNextDoor endorses or accepts any responsibility for the content or use of such websites, and you hereby release SitterNextDoor from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE, PLATFORM, SERVICES AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SITTERNEXTDOOR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SITTERNEXTDOOR WEBSITE, PLATFORM, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, PLATFORM, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITTERNEXTDOOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
SITTERNEXTDOOR SHALL NOT BE RESPONSIBLE IF ANY USER FAILS TO BE MATCHED WITH ANOTHER USER, FAILS TO BE HIRED FOR SERVICES, OR FAILS TO FIND A SUITABLE BABYSITTER.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SITTERNEXTDOOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE SITTERNEXTDOOR WEBSITE, PLATFORM, APP OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITTERNEXTDOOR WEBSITE, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITTERNEXTDOOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) ALL SITTERNEXTDOOR’S FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
- GOVERNING LAW; JURISDICTION
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the SitterNextDoor Website, Platform, App or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
- ENTIRE AGREEMENT
- ENGLISH LANGUAGE
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
- CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the SitterNextDoor Website, App or the Services, please contact us at: firstname.lastname@example.org
Last Modified: May 23rd, 2018