Terms and conditions
Article 1. Definitions
Terms in the context of these terms and conditions are defines as follows:
1.1 Terms and conditions: these Terms and conditions, applicable to the partnership between Babysits, the Babysitter and the Family. Making use of the Provision of Services of Babysits presupposes familiarity with these Terms and conditions and the acceptance thereof;
1.2 Provision of Services: the Provision of Services offered by Babysits, consisting of the operating of one or several (on-line) platforms with the purpose of combining demand and offer, especially in the field of childcare, and more specifically the babysitting on members of the Family in the home environment;
1.3 The Babysitter: every natural person who makes use of the Provision of Services of Babysits;
1.4 The Family: every natural person who grants an order to the Babysitter for the carrying out of Activities and/or any natural person making use of the platform of Babysits to request childcare;
1.5 Business customer: the (legal) person making use of the services via the platform of Babysits;
1.6 Activities: the activities that the Babysitter will carry out at the Family;
1.7 Parties: Babysits and the Babysitter, or Babysits and the Family, or Babysits and the Business customer, or the Babysitter and the Family jointly;
1.8 Personal data: any information about an identified or identifiable natural person;
1.9 Days: all calendar days;
1.10 Force majeure: any circumstance that is independent of the will of Babysits - even if it was foreseeable at the time of adoption of the Mediation Agreement at the company of Babysits, its suppliers, and in addition all circumstances as a result of which compliance with the Mediation Agreement cannot reasonably be demanded of Babysits;
1.11 Non-attributable shortcoming: matters such as (the threat of) war, rioting, fire, strikes, malfunction of systems/software, blockages, exclusion, disruption of traffic, illness on the part of staff, non or non-timely compliance with obligations by third parties;
1.12 Babysits: Trade name of the private limited liability company “Babysits B.V.”, registered with the Chamber of Commerce in the Netherlands under number 68591950.
Article 2. Applicability
2.1 These Terms and conditions are applicable to the Provision of Services of Babysits. This Provision of Services comprises, amongst other matters, the operating of one or several (on-line) platforms with the purpose of combining offer and demand, especially in the field of childcare, and more specifically the babysitting on members of the Family in the home environment.
2.2 Deviations and/or additions to these Terms and conditions are only valid if established expressly and in writing.
2.3 If any provision of these Terms and conditions is invalid, the other provisions in these Terms and conditions remain effective. The relevant non-valid provision(s) will be replaced by a different, valid provision that will approximate the consequences aimed for by the invalid provision as closely as possible.
2.4 Provisions from these Terms and conditions are not applicable if and to the extent regulations in the field of mandatory law oppose such. If a provision were to be void under circumstances on such grounds, the arrangement that is most advantageous to Babysits applies and all other provisions remain fully effective.
Article 3. Content and implementation of the agreement
3.1 The Babysitter registers with Babysits and will thereby submit the information and documents required, also including an e-mail address, name, address, postcode, and bank account number. Babysits will confirm the registration of Babysitter. At that moment, the mediation between Babysits and Babysitter is adopted, to which these terms and conditions are applicable.
3.2 The Family registers with Babysits and will thereby submit the information and documents required, also including an e-mail address, name, address, and postcode. Babysits will confirm the registration of the Family. At that moment, the mediation agreement between Babysits and the Family is adopted, that these terms and conditions are applicable to.
3.3 If the Family or a business customer makes use of a Premium account, the Family or the business customer must provide, besides the information above, payment information as well to Babysits because payment obligations arise.
3.4 The Babysitter can choose to make his profile visible to everyone, only to Babysits users, or to all users that the Babysitter has been in contact with. If the Babysitter chooses "everyone", public search engines (such as Google) and job vacancy websites will include the profile as well.
3.5 The data of the Babysitter will be used to generate a profile on the platform of Babysits. Babysits will not use the data for different purposes without the express consent of the Babysitter.
3.6 When the Family agrees to the charges indicated by the Babysitter and/or when Babysitter proceeds with the carrying out of the Activities at the Family, an agreement is adopted between the Babysitter and the Family. Under no circumstance will an agreement - other than the mediation agreement - be adopted between the Family and Babysits. Between Babysits and the Babysitter exclusively the mediation agreement is adopted that these terms and conditions are applicable to.
3.7 The Babysitter carries out the Activities on grounds of the agreement with the Family under own responsibility and at own risk. Babysits is not responsible and/or liable for the implementation and compliance with the agreement for Activities by the Babysitter at the Family.
3.8 The Agreement between Babysits and the Babysitter/the Family regards a best-effort obligation, whereby Babysits exerts itself to bring about an agreement between Babysitter and Familys.
Article 4. Obligations of Babysitter
4.1 The Babysitter is responsible him-/herself at all times for checking his/her (legal) obligations as a Babysitter. This includes, among other matters, registration with the Chamber of Commerce and the disbursement of taxes.
4.2 The Babysitter is responsible him-/herself for the correctness and completeness of the information that is listed on the platform of Babysits.
4.3 The Babysitter is obligated to immediately communicate any possible changes to the information to Babysits.
4.4 The Babysitter has a duty of care during the implementation of the activities. This means that the Babysitter carries out his activities with care.
4.5 The Babysitter is responsible him-/herself for properly conducting business operations and to submit the (tax) declarations required and/or to take out the insurances required, whereby must be understood a Liability Insurance as well.
4.6 To make use of the provision of services of Babysits, the Babysitter must have a minimum age of 14 years (or an older age if this applies locally). The Babysitter is responsible him-/herself to pay attention to this. In addition, every Babysitter below 18 is obliged to ask for permission from his/her parents. If the Babysitter does not meet these conditions and has incurred expenses, these costs cannot be claimed from Babysits.
Article 5. Obligations of Babysits
5.1 Babysits takes care of the updating and servicing of the Website and App of Babysits, but Babysits is unable to guarantee that the platform functions without interruptions.
5.2 Babysits receives complaints of the Family and takes care of the transmission thereof to the Babysitter. Where possible, Babysits will exert itself to handle the complaint, in consultation with the Babysitter. Babysits is not a party to cases of complaints.
Article 6. Obligations of the Family
6.1 The Family is responsible him-/herself at all times for his/her choice to engage a Babysitter via Babysits and to verify whether the babysitter is suitable for the activities to be conducted.
6.2 The Family is obliged upon entering into a Premium subscription to comply with its payment obligations.
6.3 The Family is responsible itself for the financial obligations on account of the Babysitter.
6.4 The Family obliged to observe the reasonable use policy as indicated in article 9 of these Terms and conditions.
Article 7. Obligations of the Business customer
7.1 The business customer is obliged upon entering into a Premium business account to meet his/her payment obligations that flow therefrom. 7.2 A Business customer may create a maximum of 1 Premium business accounts. 7.3 The Business customer is obliged to observe the reasonable use policy as indicated in article 9 of these Terms and conditions.
Article 8. Premium account/business account
8.1 If a Party makes use of a Premium account or a Premium business account, a payment obligation arises. 8.2 A Premium account/business account enters into effect on the day it is concluded and has a contract term of one month. 8.3 This contract can be cancelled unilaterally. This is possible until the last day of the contract term. In case the contract is not cancelled it is tacitly extended by the duration of the contract term.
Article 9. Reasonable use policy
9.1 Babysits applies a reasonable use policy. This policy means that Parties may use the on-line platform of Babysits in reasonableness. 9.2 What is reasonable is determined by the judgment of Babysits.
Article 10. Payment terms
10.1 Payment processing services for the Babysitter are provided by Stripe and are subject to the Stripe Connected Account Agreement, that comprises the Stripe Terms of Service (jointly, the "Stripe Services Agreement"). By agreeing to these conditions or by continuing as a Babysitter on Babysits, the Babysitter and the Family agree to be bound by the Stripe service agreement, as it can be modified by Stripe from time to time. As a condition for Babysits that enables the payment processing services via Stripe, the Babysitter/the Family agrees to provide Babysits with accurate and complete information about the Babysitter/the Family, and the Babysitter/the Family grants permission to Babysits to share this and transaction information regarding the use of the payment processing services that are offered by Stripe.
10.2 Payments are settled by the Family directly to the Babysitter or pass via the Stripe account.
10.3 All prices that are listed by Babysits and the Babysitter are inclusive of VAT and travel expenses, mileage allowance, unless established otherwise.
10.4 Babysits has the right to annually adjust its fee. Babysits will inform the Babysitter/the Family of this price adjustment in writing.
Article 11. Liability and safeguards
11.1 Upon implementing the Provision of Services, Babysits will apply all care and competency that can reasonably be expected of Babysits. This Provision of Services is limited to the mediation. Babysits is never liable for the conducting of the Activities by the Babysitter at the Family.
11.2 Babysits is not liable for damage of any nature whatsoever because it relied on incorrect and/or incomplete information provided by the Babysitter/the Family, unless such incorrectness or incompleteness should have been knowable for Babysits.
11.3 Babysits is not liable for all direct or indirect damage incurred by the Babysitter/the Family, also including consequential damage, that is related to a shortcoming by Babysits or by persons deployed by Babysits in the implementation of the mediation agreement, unless in the event of willful intent and/or gross fault.
11.4 Babysits is not liable for material and/or immaterial and/or (consequential) damage that has occurred due to the Babysitter/the Family.
11.5 If Babysits, with due observance of the preceding, can be held accountable, such liability is limited to the insured amount that under the (business) liability insurance of Babysits is eligible for disbursement. If the damage is not covered by the insurance or the insurer in any case does not proceed to disburse, the liability is limited to a maximum of twice the invoice amount of the relevant Mediation Agreement, such at all times with a maximum of €2,000, exclusive of VAT.
11.6 The Babysitter/the Family safeguards Babysits against all third-party claims for which Babysits is not liable pursuant to the preceding.
11.7 The burden of proof regarding any alleged liability of Babysits lies with the Babysitter/the Family. The Babysitter/the Family accepts this burden of proof.
Article 12. Processing of personal data and privacy
12.1 Personal data that are provided by the Babysitter/the Family to Babysits will not be made available to third parties, unless this is determined differently in any manner by the law or the mediation agreement.
12.2 The Babysitter/the Family determine themselves what information and/or contact details the Babysitter/the Family wish to render public by sharing this information via the (on-line) platform with the Babysitter/the Family.
12.3 Babysits exerts itself in reasonableness to secure its systems against unlawful use and takes appropriate technical and organizational measures to such effect.
Article 13. Non-disclosure and confidentiality
13.1 All Personal Data that Babysits receives from the Babysitter/the Family and/or collects itself in the context of this mediation agreement is subject to a non-disclosure obligation vis-a-vis third parties, unless established otherwise between Parties.
13.2 The Babysitter/Family may possibly insert personal data in the profile description themselves; because Parties choose themselves to make this information available, such personal data are not subject to a non-disclosure obligation. If the Babysitter/Family includes personal data in the profile description, it is at own risk.
13.3 This non-disclosure obligation does not apply to the extent the Babysitter/the Family have given their express consent for the provision of the information to third parties, if the provision of the information to third parties is logically necessary considering the nature of the assignment granted and the implementation of this processor agreement, or if a legal obligation pertains to provide the information to a third party.
Article 14. Force majeure
14.1 If Babysits is unable due to a permanent shortcoming that cannot be attributed to it to comply with its obligations, it has the right within a reasonable term to rescind the Mediation Agreement entirely or in part by way of a written statement, without Babysits being obliged to provide any compensation of damages - or compensation of such advantage as may have been enjoyed - to the Babysitter/the Family.
14.2 A shortcoming that can be attributed to Babysits is qualified as permanent if the relevant performance cannot be conducted within a reasonable term after the circumstances become effective. Such reasonable term is deemed to amount to at least 14 days.
14.3 If the performance can, however, be conducted within a reasonable term, the shortcoming is not permanent and neither Babysits, nor the Babysitter/the Family can rescind the mediation agreement. The obligation of Babysits to perform is suspended without Babysits being obliged to provide any compensation of damages to the Babysitter/the Family.
Article 15. Proof
15.1 With regard to the monetary scope of the mutual obligations from the mediation agreement concluded with Babysits, the administrative records of Babysits are - barring proof to the contrary by all means - decisive.
15.2 Barring proof to the contrary by all means, the information stated on the invoice and/or quotation counts as correct between the Babysitter/the Family and Babysits.
Article 16. Right of revocation consumers
16.1 The consumer has the right within 14 days after conclusion of a Premium account/business account to withdraw from the purchase.
16.2 If a consumer wants to exercise the right of revocation, the consumer must inform Babysits.
16.3 The number of days that was purchased is billed to the consumer.
Article 17. Modifications
17.1 Babysits has the right to modify these terms and conditions intermediately. The modified provisions enter into effect on the date indicated in the modification decision. After the moment of modification, a new version of the terms and conditions can be found on and downloaded from the website of Babysits.
17.2 The content and functioning of the website can be modified by Babysits without prior announcement.
Article 18. Miscellaneous provisions
18.1 If any provision from these Terms and conditions or from the underlying Mediation Agreement were to be completely or partially void and/or invalid and/or unenforceable, such as a result of any legal regulation, court order or otherwise, then this will not affect the validity in any manner of all other provisions of these Terms and conditions or the underlying Mediation Agreement.
18.2 If a provision of these Terms and conditions or the underlying Mediation Agreement were not to be valid for a reason as intended in the previous section, but it would be valid if it had a more limited scope or purport, then this provision will - primarily - apply automatically with the most far-reaching or sizeable more limited scope or purport with or in which it would be valid still.
18.3 Without prejudice to what is established in section 2, parties can, if they so desire, enter into consultations to establish new provisions to replace the void and/or annulled provisions. Thereby, the purpose and purport of the void and/or annulled provisions will be aligned with as much as possible.
18.4 These Terms and conditions are provided in multiple languages. In case of differences of interpretation between others and the English version of the Terms and conditions, the English version of the Terms and conditions is leading.
Article 19. Applicable law
19.1 To all Mediation Agreements concluded with Babysits or all undertakings flowing therefrom, Netherlands Law is exclusively applicable.
19.2 In case of any dispute as a result of a Mediation Agreement that these Terms and conditions are applicable to, the court of law of Rotterdam is competent to hear the dispute.
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