Introduction

For the purposes of these Terms and Conditions, persons booked to provide childcare services through KidSitter are referred to as Babysitters and persons who contract with KidSitter to obtain childcare through KidSitter are referred to as Parents

KidSitter is a technology driven service that connects Parents with thoroughly vetted and experienced Babysitters. KidSitter does not employ the Babysitters booked by Parents. KidSitter undertakes to ensure that all Babysitters on the register have been carefully selected and have demonstrated satisfactory previous experience in childcare.

Parents acknowledge that no amount of reference checking can provide a guarantee of future performance by individual Babysitters. KidSitter cannot be held accountable for negligence on the part of a Babysitter who has provided KidSitter with satisfactory references except where reasonable care has not been taken in the reference checking process or where KidSitter has failed to take note of other information received concerning the Babysitter's past performance. References given by Babysitters are verified with the referees verbally as KidSitter believes referees give a more full, frank and candid picture in discussion than they would if asked to provide information in writing. For this reason KidSitter cannot provide copies of written references.

KidSitter's vetting procedure includes the following:

1. An online or physical hand-written application submitted by the Babysitter.
2. Identity checks by sight of government issued documents and records supporting the applicant's identity, a interview.
3. A visual check of the Babysitter's DBS certificate (formerly CRB check), to confirm no adverse feedback.
4. Verification of childcare references.
5. The application and notes of the references received are reviewed, approved and signed off by a Director of the company before each Babysitter is admitted to KidSitter's register.

Booking Process

A booking is defined as a scheduled start and finish time within a 24-hour period. KidSitter only accepts bookings of three hours or longer.

Booking request

All booking requests must be made online at https://kidsitter.co.uk at least two hours before the time of the booking and must be guaranteed with a credit card. The Parent is responsible for providing all the necessary details to accompany the booking request. KidSitter is not responsible for any omissions or errors on behalf of the Parent. KidSitter reserves the right to decline or cancel any booking, at any time, without reason or without providing an alternative, and issue a full refund.

Booking assignment and confirmation

Once a booking request is submitted, KidSitter assigns the booking to an available Babysitter. The Parent may request specific Babysitters, but the Parent accepts that Babysitters on KidSitter register are free agents and not employees of KidSitter and KidSitter is not able to require any particular individual to work at any time or for any particular Parents. When a booking is assigned, a booking confirmation message will be sent to the Parent via text message and email.

Fees

KidSitter charges £15 per hour with a minimum of 3-hour bookings. However, holiday and peak time pricing may vary ("peak price"), and if a higher charge applies the peak price will be displayed on the booking screen at the time of booking. KidSitter does not apply any booking fees whatsoever, so 100% of the charge goes to the sitter. We reserve the right to make changes to our prices at any time. All changes will be reflected on the site and on the payment details screen before charges are incurred. Please note that special pricing may apply if our services are booked through a hotel, or hospitality service, especially if booked offline or directly through our customer service.

Payment

Parents are responsible for paying KidSitter through the KidSitter website using an accepted method of payment. KidSitter will collect payment details at the time of the booking request, but no monies shall be charged until after the completion of the booking.

If the Babysitter is required to stay past the agreed upon time, Parents must pay a pro-rated amount of the booking in 15 minute increments (to be rounded up to 15 minutes). For the avoidance of doubt, this means that for example, if the Babysitter stays 5 minutes extra, the charge will be for 15 minutes, if the Babysitter stays 40 minutes extra, the charge will be for 45 minutes. This additional pro-rated amount for the extra time shall be charged to the Parent once the booking is complete via the same payment method used at the time of the booking. It is the Parent's responsibility to notify KidSitter of the extra time. If the Parent fails to inform KidSitter, KidSitter will rely on the Babysitter to provide this information.

Payment processing services for Babysitters on KidSitter are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Babysitter on KidSitter, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of KidSitter enabling payment processing services through Stripe, you agree to provide KidSitter accurate and complete information about you and your business, and you authorize KidSitter to share it and transaction information related to your use of the payment processing services provided by Stripe.

Cancellations or changes to booking

Before booking commences

KidSitter will not be held responsible for a Babysitter's availability. If a Babysitter should become unavailable after a booking has been confirmed, KidSitter will endeavour to find a suitable replacement and if one cannot be found, KidSitter reserves the right to decline the booking and issue a full refund without assuming any liability for the impact this might have on the Parent's plans.

If the Parent wishes to extend the original booking, or make any changes to the booking, they must communicate these changes directly to KidSitter before the booking begins. If a Babysitter cannot accommodate the change, KidSitter will endeavour to find a different Babysitter.

All cancellation requests must be submitted at least 24 hours before a booking commences. There is no charge for such cancellations. However, any cancellations made less than 24 hours before the booking commences will not be entitled to a refund. Bookings made less than 24 hours before the time of the booking are not cancellable or refundable.

Babysitters

For Babysitters, if a booking is cancelled with less than 24 hours to go, the minimum booking duration is payable (3 hours for residential bookings)

After booking commences

In the event that a Babysitter fails to arrive at the appointed time, KidSitter will use its best endeavours to find another Babysitter for the Parent. In the event that it is not possible to find a suitable replacement, KidSitter shall issue a full refund for the booking and assumes no further liability for any impact this may have on the Parents plans.

Once a booking has commenced, any changes must be communicated and agreed upon with the Babysitter directly, however no monies should be paid directly to the Babysitter for any extra time. Parents must inform KidSitter of the overtime and KidSitter will process the charge via the same payment method used at the time of the booking request. Releasing a Babysitter earlier than the originally booked time will not entitle a Parent to a refund for that time.

Transportation

Babysitters arrange their own transportation; therefore Parents are not responsible for providing or paying for any transportation. However, Parents can agree with the Babysitter directly and can arrange for, or pay for a Babysitter's taxi or transportation directly to the Babysitter. KidSitter assumes no liability to the Parent, or to the Babysitter or any third party for any transport arrangements.

Our Babysitters

The Parent agrees to treat the Babysitters courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. The Parent also agrees to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.

Our responsibilities

The Parent accepts that KidSitter's responsibility is to introduce Babysitters who have demonstrated previous satisfactory childcare experience and service provision.

KidSitter has no responsibility for a Babysitters acts or omissions except where these could reasonably have been identifiable from KidSitter selection procedure or as a result of other information received by KidSitter. If during a booking, any accidental damage occurs to the Parent's property or possessions, this will need to be covered by the Parent's own home insurance policy.

KidSitter is not responsible for any loss suffered as a result of the Babysitters failure to keep the appointment except where KidSitter has failed to use reasonable care in confirming the details of the appointment with the Babysitter.

Parents accept that we may communicate with them by email, text message or phone in relation to any matter concerning their booking through KidSitter. Apart from in the course of arranging your childcare provision KidSitter will keep your personal information including address, email address and phone number confidential at all times, the details of which are covered under our Privacy Policy.

Your responsibilities

The Parent is responsible for ensuring the Babysitters clearly understands any special needs of the children to be babysat.

While a Babysitter is providing services for a Parent from an introduction made by KidSitter the Parent undertakes to reimburse KidSitter fully for all costs, claims, damages, and liabilities whatsoever arising from the Parent's wrong doing or negligence.

The Babysitter is responsible for ensuring the they clearly understand any special needs of the children to be babysat. They can do so by contacting the Parent directly for this purpose as KidSitter will provide contact details when the Sitter accepts a booking.

The Babysitter agrees to give advance notice if they are not able to fulfill a booking accepted by them previously and acknowledges that they might be liable for any losses sufferred by KidSitter with regards to their inability to fulfil the booking, such as having reimburse the affected Parent for deposits to cancelled tickets/events/deposits/replacement babysitters from external agencies.

Use of the site

It is not necessary to register with us in order to use parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.

You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.

All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

User generated content

Any material that a visitor sends or posts to this site, shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

When using this website, you shall not post or send to or from this Website any material:

1. For which you have not obtained all necessary consents;
2. That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;
4. Which advocates, promotes, assists or enables any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intends to defraud, swindle or deceive other users of KidSitter.co.uk;
5. That infringes or violates any copyright, database right, trade mark or any other intellectual property right of any other person;
6. Which may be likely to deceive any person;
7. Which may be in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8. That may be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
9. Which may be likely to harass, upset, embarrass, alarm or annoy another person;
10. That may be used to impersonate any person or to misrepresent your identity or affiliation with any person;
11. That gives the impression that they emanate from us, if that is not the case;
12. Which relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
13. Which disseminates or otherwise discloses another person's personal information without his or her prior permission or collect or solicit another person's personal information for commercial or unlawful purposes.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of KidSitter.co.uk and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to KidSitter.co.uk constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove or delete any posting you make on KidSitter.co.uk or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of our conditions for User Generated Content section.

Links to and from other websites

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

1. You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
2. You do not misrepresent your relationship with this website; and
3. The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this Website in breach of these conditions, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

Disclaimer

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date.

All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.

Exclusion of Liability

We do not accept liability for any loss or damage that you suffer as a result of using this Website.

Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, which cannot be excluded, or under the law of the United Kingdom.

Law and Jurisdiction

These terms of use, their subject matter and formation are governed by English law. If you are a consumer, the courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland). If you are a business, you and we each agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

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