General terms and conditions
General Terms and Conditions Babysittersclub Amsterdam
Please read these terms and conditions carefully before you make use of Babysittersclub.nl. The use of Babysittersclub.nl means that you accept these Terms and Conditions. The Terms and Conditions will be modified on a regular basis. The modifications will come into force 28 days after they have been published on Babysittersclub.nl.
For access to and use of the website www.Babysittersclub.nl (hereafter referred to as: the "Site") of Babysittersclub Amsterdam (hereafter referred to as: "Babysittersclub") the following Terms and Conditions as well as all applicable laws will apply.
These Terms and Conditions are divided into three chapters.
1. General part for each user of the Site
2. Specific part for Babysitter Applicant
3. Specific part for Babysitter
Chapter 1: General
In these Terms and Conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:
1.1.1 Agreement: the agreement between the Babysitter Applicant and the Babysitter, whereby the Babysittersclub acts as intermediary.
1.1.2 Babysittersclub: the user of these Terms and Conditions;
1.1.3 Babysitter: every natural person, who by intervention of the Babysittersclub performs or will perform babysit services for the Babysitter Applicant.
1.1.4 Babysitter Applicant: the natural person who requests to make use of the babysit services of a Babysitter.
1.1.5 Database: a database with Data regarding the Babysitter and the Babysitter Applicant including their profiles.
1.2 Content Site
Babysittersclub has composed and will maintain this Site with due care. All information on the Site with respect to the Database is however derived from third parties (the various Babysitters and Babysitter Applicants). These third parties are individually responsible for the correctness and completeness of this information. Babysittersclub shall not be liable nor accept any liability for the content of the Database.
1.3.1 Babysittersclub attempts to bring Babysitter Applicants and Babysitters into contact with each other, whereby Babysittersclub makes her Site available for use by Babysitter Applicants and Babysitters.
1.3.2 Babysittersclub will never be a party to an Agreement entered into between a Babysitter Applicant and a Babysitter through usage of the Site.
1.3.3 Babysittersclub cannot guarantee that an Agreement will actually come into force or will be correctly performed by each of the parties.
1.4 Your Data
"Your Data" is defined as all data that you provide to Babysittersclub or other users of the Site and includes amongst others your e-mail address, your name, your address, place of residence, your telephone number and birthdates.
1.4.1 If you make use of this Site, you will ensure that Your Data is complete, accurate and up to date and that you are legally entitled to make use of this Site.
1.4.2 Your Data will be used to establish an Agreement between a Babysitter Applicant and a Babysitter.
1.5 Intellectual Property Rights
1.5.1 The (intellectual property) rights related to the Site, including without limitation the rights to the texts, images, design, information including the Database, photographs and other (still and/or moving) illustrations, sound material, formats, software, trademarks (including domain names) and other materials, are vested in the Babysittersclub, her licensors and/or advertisers.
1.5.2 It is not allowed to make available to third parties, to copy or to modify the Site or parts of the Site, in any way, other than by downloading and reviewing it on one sole computer and/or the printing of one hardcopy.
1.6.1 The use of (personal) data that have been made public by third parties via the Site, including but not limited to e-mail addresses, is only allowed with respect to entering into an Agreement between a Babysitter Applicant and a Babysitter. It is under no circumstances permitted to use (personal) data for any other purpose, including the following:
(a) To send a user of the Site any (unsolicited) e-mail(s), including e-mails of a general nature and that are not directly connected with the Babysittersclub and its activities, regardless of whether such messages are commercial or not;
(b) To send a user of the Site any (unsolicited) e-mail(s), including e-mails in which commercial products or services are offered, regardless of whether such products or services are (indirectly) connected with the Babysittersclub and its activities;
(c) To collect e-mail addresses of users of the Site for any reason.
1.6.2 If you act (partially) in contravention of this clause, you will forfeit, without further warning or notice of default and without a necessary court order being required, a directly payable penalty of EUR 1000,- per event, whereby the use of one (personal) data is regarded as one event, notwithstanding article 7 below.
The Babysittersclub retains the right to exclude you from any further use of this Site if you act in any way in contravention of these Terms and Conditions, notwithstanding the right of the Babysittersclub to take further legal action and demand damages.
1.8 No Warranty
1.8.1 You agree that the use of the Site is completely at your own risk.
1.8.2 The Babysittersclub offers its Site and services in the current state and without explicit or implicit warranties. The Babysittersclub does especially NOT warrant:
(a) that your counterparty is permitted to enter into an Agreement with you, that the provided (personal) data is correct, complete and up to date and that (s)he will correctly perform the Agreement;
(b) that the Site will be available at all times and will be free of errors;
(c) that third parties will not abuse its systems; and
(d) that the Site is free of viruses or other damaging components.
1.9.1 The total liability of the Babysittersclub for direct damages as a consequence of defaults which can be attributed to the Babysittersclub regarding the correct, complete and timely advertisement is limited to the payment that you have paid for the yearly users fee to the Babysittersclub.
1.9.2 The Babysittersclub will never be liable for indirect damages including consequential damages, sustained loss, missed savings and damages by loss of data which have somehow been occurred by and/or resulted from the use of the Site.
1.9.3 More specifically the Babysittersclub will in no event be liable for any damages at any moment sustained by and/or resulting from:
(a) Actions performed by you, including entering into an Agreement by making use of the Site.
(b) The inability to use the Site which inability cannot be attributed to the Babysittersclub or is the result of the non-functioning of the used equipment or software by the Babysittersclub;
(c) The fact that the information on the Site and/or in the Database is incorrect, incomplete or not up to date;
(d) The unlawful use of the systems of the Babysittersclub including the Site by a third party;
(e) Actions performed by your counterparty after you have entered into an Agreement by making use of this Site.
1.9.4 The Babysittersclub only has a intermediary role and can under no circumstances be held liable for material and/or immaterial damages that are attributable to the Babysitter, regardless of its nature.
1.9.5 The limitations of liability as stated in these Terms and Conditions for direct and/or indirect damages are not applicable if the damage is the result of gross negligence or intent by the Babysittersclub.
1.9.6 The Babysitter Applicant and the Babysitters are themselves responsible for taking an insurance against civil liability and accidents.
You indemnify the Babysittersclub completely for any possible claims by yourself and third parties that are the result of and/or connected to an Agreement that you have entered into by using the Site. The Babysittersclub is under no obligation to participate in any proceedings following such a claim.
The Site may include references (for example by way of a hyperlink, banner or button) to websites and/or information that is maintained by third parties. The Babysittersclub has no influence on these websites. The Babysittersclub is not responsible for the content of these websites.
The Babysittersclub will undertake all reasonable measures to secure its systems against loss and/or any form of unlawful usage. The Babysittersclub will take adequate technical security and organisational measures to this end, taking into account the latest technology standards.
1.13.1 The Babysitter Applicant has the possibility to terminate the agreement (regarding usage of the Site) with the Babysittersclub within 7 working days without a reason being required starting on the day of registration. If the Babysitter Applicant has paid the users fee within this period, the Babysittersclub will repay this amount to the Babysitter Applicant as soon as possible but ultimately within 30 days after termination.
1.13.2 The Babysitter Applicant has the possibility to terminate the agreement (regarding usage of the Site) with the Babysittersclub during the first three months after registering at the Site by stating motivated reasons. The Babysittersclub will in case of reasonable motivations repay to the Babysitter Applicant maximum 50% of the users fee as soon as possible, but ultimately within 30 days after termination.
1.13.3 The Babysitter Applicant and/or the Babysitter can unregister themselves without reasons being required from the Database of the Babysittersclub. Any outstanding fees will be paid to the account of the Babysittersclub by the Babysitter Applicant, after having received an invoice from the Babysittersclub, within 30 days.
1.13.4 The Babysittersclub is permitted to remove users (from the Database) of the Site if the user has not fulfilled its obligations under these Terms and Conditions.
1.13.5 The Babysitter can be removed from the Database of the Site if there are well founded reasons that the Babysitter has not adequately performed her/his babysit services.
1.14.1 In the event that any of the terms of these Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. Parties shall do their utmost to change wording for terms declared void or otherwise not binding, in a matter as close as possible to the original text and intent.
1.14.2 These Terms and Conditions contain the entire agreement between a Babysitter (Applicant) and the Babysittersclub regarding the usage of this Site.
1.14.3 The agreement (regarding the usage of the Site) is governed by Dutch law. Any and all disputes shall be submitted to the competent court in Amsterdam.
1.14.4 These Terms and Conditions can be amended at any time by the Babysittersclub. The Babysittersclub therefore recommends to check the Terms and Conditions from time to time.
1.14.5 In case of inconsistency between these Terms and Conditions and the Dutch version of these Terms and Conditions, the Dutch version of these Terms and Conditions shall prevail over the English version and will be leading.
Babysittersclub has VAT-number NL1753.36.076.B01, resides in Amsterdam and has its registered office in Amsterdam. Babysittersclub is registered at the Chamber of Commerce under file number 18.104.22.168. You are requested to send all correspondence to Babysittersclub to the following e-mail address: firstname.lastname@example.org.
Chapter 2: Specific part for Babysitter Applicants
The terms set out in this chapter are, next to the terms as stated in chapter 1, applicable if you are Babysitter Applicant.
2.1 Content Site
2.1.1 Each Babysitter Applicant has to make sure that the description and the conditions for arranging a Babysitter are in accordance with reality and therefore are correct and complete. Your request for a Babysitter will only contain information that is relevant for finding a Babysitter. By posting your request, you give the Babysittersclub permission to post the information of your request on the Site.
2.1.2 It is explicitly forbidden to post requests on the Site in any other way than described on the Site.
2.1.3 The Babysittersclub reserves the right to amend or shorten the texts of requests and/or messages without any reason being required. The Babysittersclub also reserves the right to remove requests from the Site without any reason being required and to deny any further usage of the Site. This will in any case include but not be limited to the following cases:
2.1.4 The relevant request is described in an incorrect or incomplete manner;
2.1.5 The relevant request might in some way damage third parties;
2.1.6 The relevant request contains discriminating expressions, (child)pornography material or is otherwise unlawful;
2.1.7 Messages that are offensive according to the opinion of the Babysittersclub;
2.1.8 Messages that contain viruses or other damaging computer code;
2.1.9 Messages that for instance due to their size disturb the normal use of the Site by other users;
2.1.10 When you act in any manner inconsistent with these Terms and Conditions.
2.2 Obligations Babysitter Applicant
2.2.1 The Babysitter Applicant must be resident in the region of Amsterdam.
2.2.2 The Babysitter Applicant will treat the Babysitter respectfully.
2.2.3 The Babysitter Applicant will promptly contact the Babysitter in the event the Babysitter Applicant wishes to cancel the Agreement with the Babysitter regarding the babysit services.
2.2.4 The Babysitter Applicant will, during the babysitting by the Babysitter, provide contact details to and will be available at all times for the Babysitter in case of emergency.
2.2.5 The Babysitter Applicant ensures to provide all information, which the Babysittersclub deems necessary or which can reasonably be deemed necessary by the Babysitter Applicant for the performance of the Agreement, in a timely manner to the Babysittersclub and/or the Babysitter.
2.2.6 The Babysitter Applicant is required to immediately inform the Babysittersclub regarding any facts and circumstances that could be of interest in connection with the performance of the Agreement between the Babysitter Applicant and the Babysitter.
2.2.7 The Babysitter Applicant will provide the Babysitter, before the start of the babysitting, with all relevant information required to properly fulfil the babysit services, including but not limited to possible diseases of the child.
2.2.8 The Babysitter Applicant guarantees that there are no dangerous animals present on the location where the babysit services shall be performed.
2.2.9 The Babysitter Applicant indemnifies the Babysittersclub from any third party claims for damages occurred during the performance of the Agreement and that are attributable to the Babysitter.
2.2.10 The Babysitter Applicant is not allowed to provide information and/or contact details of the Babysitter to third parties.
2.2.11 The Babysitter Applicant is not allowed to enter into any kind of agreement with a Babysitter from the Database of the Babysittersclub without intervention of the Babysittersclub, during as well as for a period of one (1) year after termination of the (intermediary) agreement with the Babysittersclub regarding the usage of the Site.
2.2.12 The Babysitter Applicant is not allowed to get in contact or enter into any kind of agreement with a Babysitter who performs babysit services via the Babysittersclub, without intervention of the Babysittersclub, except in the event that the Babysittersclub has acted as an intermediary between the Babysitter Applicant and a regular Babysitter.
2.3.1 To the Babysittersclub:
(a) For using (the Database of the Babysittersclub on) the Site, including any intermediary services by the Babysittersclub, you are required to pay a users fee of EUR 250,- per year (VAT included) to the Babysittersclub.
(b) Payments charged from the Babysitter Applicant should be executed in a manner as described on the Site.
(c) When the Babysittersclub is required to make legal costs for the collection of any outstanding payments, all such costs, extrajudicial and/or judicial, will be reimbursed by the Babysitter Applicant to the Babysittersclub.
(d) The Babysittersclub reserves the right to increase the users fee at any time.
(e) In the event the Babysittersclub decides to increase the users fee, the Babysitter Applicant has the right to terminate the agreement by written notice within ten (10) days after notification of the increase by the Babysittersclub.
(f) The increase will enter into force after four (4) weeks following (sent date of) written notice of the increase by the Babysittersclub to the Babysitter Applicant.
2.3.2 To Babysitter:
(a) The Babysitter Applicant will pay the Babysitter a recommended rate of minimum EUR 7,-/8,-/9,- or 10,- per hour.
(b) The Babysitter Applicant is required to pay a compensation amounting to EUR 20,- to the Babysitter in the event of a last minute cancellation (within 1 hour). The Babysitter Applicant will make (payment-) arrangements in this respect with the Babysitter.
2.4.1 The Babysitter Applicant can make a choice on the Site for a particular Babysitter.
2.4.2 In the event the Babysitter Applicant is not satisfied with the performances of the Babysitter, the Babysitter Applicant will immediately report such to the Babysittersclub, including the underlying reasons. The Babysittersclub can take further measures in this respect towards the Babysitter at its own discretion.
2.4.3 A limitation of three (3) children per Babysitter applies. In the event that there are more than three (3) children, the Babysitter Applicant is required to request an extra Babysitter via the Babysittersclub or to increase the recommended rate of the Babysitter to a minimum of EUR 10,- per hour.
Chapter 3: Specific part for the Babysitter
The terms set out in this chapter are, next to the terms as stated in chapter 1, applicable if you are a Babysitter.
3.1 Obligations Babysitter
3.1.1 In general:
(a) The Babysitter must be resident in Amsterdam.
(b) The Babysitter has the minimum age of 18 years.
(c) In the event the Babysitter accepts a babysitting-request, (s)he will keep itself to such appointment and will only cancel such appointment in case of sickness or emergency by contacting the Babysitter Applicant by telephone.
(d) In the event the Babysitter is not able to babysit due to illness, (s)he will inform the Babysitter Applicant about this ultimately six (6) hours prior to the starting time of the babysitting.
(a) The Babysitter will be flexible when it comes to working hours and will be willing to work at late hours.
(b) The Babysitter will show a professional attitude and is aware that (s)he bears a responsibility towards the children that (s)he babysits.
(c) The Babysitter will live up to the agreements made with the Babysitter Applicant.
(d) The Babysitter will, in case of emergency, during the babysitting, always contact the Babysitter Applicant as well as the Babysittersclub.
(e) The Babysitter will leave the house, that (s)he is babysitting in, clean and will never invite other people to come and visit on that address without asking.
(f) The Babysitter will take good care of the children that (s)he is babysitting and will treat them in a spontaneous and loving manner.
(g) The Babysitter will not consume any alcohol during the babysitting and will not smoke in the house of the Babysitter Applicant.
(h) The Babysitter will be held liable for (direct) damages occurred during the babysitting.
(a) The Babysitter agrees with an hourly rate of minimum EUR 7,-.
(b) The Babysitter can keep any received tips.
(c) The Babysitter will in principle arrange his/her own travelling to/from the babysitting address.
(d) The Babysitter will in principle arrange his/her own meals during the performance of the babysit services.
(a) The Babysitter indemnifies the Babysittersclub from any liability for damages attributable to the Babysitter; the Babysitter is responsible for his/her own behaviour and will reimburse any costs for sustained damages to the Babysitter Applicant.
(b) The Babysitter will never make an appointment for babysitting with a Babysitter Applicant from the Database of the Babysittersclub without making use of the Site.
(c) The Babysitter is responsible for filing his/her own tax declarations.