It Takes A Village

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Terms of Use

These Terms of Use (Terms) apply to your access and use of the website located at www.ittakesavillage.nz (Website) and any mobile application (App) or other tools through which It Takes A Village Babysitting Limited (called we, us or our below) makes its online marketplace services accessible (Platform).

Acceptance of these Terms

By applying for an account with us, accessing the Platform, downloading the App or using the Website you (you, your) agree to be bound by these Terms. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Platform and the Website.

How the Platform works

  • Our Platform facilitates:
    • the connection of member parents or guardians (Families or Family) with member babysitters, childcarers and nannies (Caregivers) in their local area through viewing profiles and interaction via a private messaging platform, and
    • booking and payment between Families and Caregivers for care services provided by Caregivers to Families (Caregiver Services).
  • When Caregiver Services are booked and confirmed by the Caregiver, a binding agreement is created between the Caregiver and the Family. We are not a party to that agreement.
  • The public area of the Website is open to all website visitors.
  • We offer Families the ability to create a profile, request a babysitter, search for Caregivers in their area, view Caregiver profiles, check Caregiver availability, read reviews and request to be connected with a Caregiver. We offer Caregivers the ability to create a profile, apply for jobs, view Family profiles, determine their availability and hourly rate, and respond to requests to be connected with a Family.
  • We carry out an initial background check on each person applying to be a member Caregiver on our Platform through a third party. We do not carry out any checks on Families. This check is limited and we recommend that Caregivers and Families interview each other before scheduling Caregiver Services to ensure the right fit.
  • We may make changes to the Platform, its functionality or features at any time.

What the Platform does not offer

  • We do not introduce or supply Caregivers to Families. We do not select or propose specific Caregivers to Families, or Families to Caregivers. We do not employ any Caregivers nor are we an employment agency or a recruitment agency for any Caregiver or Family.
  • Except as described in these Terms, we do not verify, review, evaluate, interview, screen, vet or perform background checks on Families or Caregivers nor do we verify or edit any content posted to the Platform by a Caregiver or Family.
  • We are not a party to any agreement between a Caregiver and a Family. Families are the potential employers of Caregivers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation and accident compensation).

How to become a member

  • You must be a member to use the services of the Platform (Member). You become a member by accepting these Terms and our Privacy Policy, and by applying online. All Members must:
    • be aged 16 and over
    • have a valid email address
    • have the legal capacity to form a contract with us under law
    • not have been convicted of any criminal offence (and in the case of Families, no one in their household has been convicted of any criminal offence), and
    • pay the applicable membership fee for the membership tier selected.

Caregivers must also: - be legally able to work in New Zealand - meet the requirements of our vetting process, which includes an interview by us and submitting documents for us to verify their identity, work experience, references, criminal record and to otherwise assist us in evaluating their suitability to be a Member. Membership will not be active until this process is complete. All Caregiver applicants consent to us carrying out checks on such documents and information, including by the use of third parties. Caregivers acknowledge their personal information may be displayed on the Platform and visible to other Members (other than address, contact phone number and email).

  • All Caregivers and Families warrant the details provided to us when applying for an account are accurate and up to date.
  • We may, at our sole discretion, decline an application by a Caregiver to register an account with us.
  • You must not attempt to re-register an account with us if we have terminated your account for any or no reason.
  • You are responsible for safeguarding your account password and any other credentials used to access that account. You must keep your account password secure, not let anyone else use your account, and notify us of any unauthorised use of your account.
  • Families should note that while we strive to maintain a rigorous vetting process for applicant Caregivers, this process is not exhaustive and should not be relied on by Families. It is essential for Families to conduct their own due diligence to ensure the suitability of a Caregiver to provide babysitting services.
  • Caregivers should note that we rely on Families to provide us with accurate information when setting up an account. We do not verify or check the information provided by Families, for example whether a Family member has been convicted of a criminal offence, and we don’t make any representation relating to the accuracy of this information.

Payment of membership fee

  • Some of our membership tiers require payment of a membership fee. This section of the Terms covers payment of membership fees for the applicable membership tiers. Our membership fees are as displayed on the Website in New Zealand dollars (exclusive of Goods and Services Tax) and may be changed by us at any time provided we give you at least 30 days' advance notice. The change will become effective at the end of the then-current billing cycle. If you do not agree to the change in membership fee, you may cancel your membership before the change takes effect.
  • Membership fees are billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are monthly or yearly, depending on what subscription plan you select when registering your account. Your membership will automatically renew at the end of each billing cycle unless you cancel no later than 10 days prior to the end of the billing cycle in which case your membership (and the obligation to pay the membership fee) will continue until the end of that billing cycle.
  • If you cancel your membership before the end of the billing cycle, you will not be entitled to any refund of any membership fees already paid for that billing cycle, prorated or otherwise.
  • You will be billed using the billing method you select when registering your account. You may be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction, and if you pay by credit card you may be charged an additional fee. All billing information (including credit card details) is collected by our third-party payment processor, and we do not have access to any credit card information.
  • Should automatic payment of any membership fees fail to occur for any reason, your account will be suspended, until full payment is received.

Booking, fees and Payment for Caregiver Services

  • Following a booking request by a Family for Caregiver Services, Caregivers must respond within 2 hours otherwise the booking will be deemed to be rejected.
  • Once a Family has been connected with a Caregiver through the Platform, all bookings and payments between Families and Caregivers must be made through the Platform. We facilitate payment via our third-party payment provider. You will be required to accept the terms and conditions applicable to that third-party payment provider.
  • We charge Families a booking fee (Booking Fee). The Booking Fee is calculated as a percentage of the amount payable to the Caregiver for the booked Caregiver Services. The percentage will be clearly displayed to Families in their account settings. We may change the amount of the Booking Fee from time to time.
  • We also charge a fee to Caregivers for facilitating payment (Platform Fee). The Platform Fee is calculated as a percentage of the amount payable to the Caregiver for the booked Caregiver Services. The percentage will be clearly displayed to Caregivers in their account settings. We may change the Platform Fee from time to time.
  • Families are required to supply valid credit card details at the time of making a booking request for Caregiver Services (Family Card). The Family Card will be pre-authorised to cover the total value of the booking (being the number of minutes duration of the booked Caregiver Services multiplied by the Caregiver’s hourly rate, plus the Booking Fee) (Total Booking Payment). If the Family Card is not able to be pre-authorised the booking request will be declined.
  • Upon completion of the Caregiver Services, we will collect from the Family Card the amount due, being the number of minutes duration of the Caregiver Services as stated in the Platform at the end of the engagement, multiplied by the Caregiver’s hourly rate as stated at the time the booking is confirmed, plus the Booking Fee (Actual Services Payment).
  • If Caregiver Services are provided and the Family Card is not able to be charged for any reason, the Family will make payment to an account nominated by us within 24 hours of notification.
  • The Platform Fee and Booking Fee will be deducted from the Actual Services Payment, and payment of the balance will be made by us to Caregivers within three working days of receiving payment from the relevant Family. Caregivers need to hold valid accounts with Stripe to receive payments from us.
  • We are not a party to the payment for any services provided by a Caregiver to a Family. Our obligation to pay Caregivers is subject to receipt of the corresponding amount from Families.
  • If the Caregiver requests to end the booking early due to an unforeseen personal emergency or circumstances that are beyond their control, the Family will only be charged for the amount of time that was completed. For example, if only 2 out of 4 hours were completed, the Family would pay 50% of the booking amount.
  • If the Caregiver is late to arrive for the booking, the Family will only be charged for the amount of time that was completed.
  • If the Caregiver requests an early end to the booking due to reasonable circumstances (e.g., unsafe or uncomfortable conditions in the home), we may, at our discretion, determine that the full Total Booking Payment remains payable.
  • If the Family arrives home after the agreed end time, the Family will be charged for the additional time at the Caregiver’s agreed hourly rate. If the Family does not communicate the lateness to the Caregiver in advance, a late fee will be charged. The amount of the late fee will be displayed on the Platform.
  • Families agree to treat Caregivers courteously and lawfully and to provide a safe and appropriate environment for them in compliance with all applicable laws and regulations. Families also agree to provide Caregivers with all reasonable information and cooperation required to enable them to provide the booked Caregiver Services.

Booking cancellations and refunds

  • Families or Caregivers may cancel a confirmed booking at any time before the agreed start time within their account on the Platform.
  • If a Family cancels a confirmed booking within 24 hours of the agreed start time, the Total Booking Payment will be charged to the Family and the Caregiver will receive that amount less the Booking Fee and Platform Fee. However, if the cancellation is due to a genuine emergency outside of the Family’s control and has been notified to us as soon as reasonably possible, we may (at our discretion) waive part of the Total Booking Payment.
  • If a Family cancels a confirmed booking between 24-72 hours before the agreed start time, 25% of the Total Booking Payment will be charged to the Family, and the Caregiver will receive that amount less the Booking Fee and Platform Fee.
  • If a Caregiver cancels a confirmed booking within 24 hours of the agreed start time (or fails to show up), the Caregiver will be charged a cancellation fee and will not be entitled to receive any payment from us. The amount of the cancellation fee will be displayed on the Platform. The cancellation fee will be deducted from future payments due to the Caregiver. The Family will not be charged for the booking. We will attempt to arrange a replacement Caregiver for the Family. If the cancellation is due to the Caregiver’s sickness or a genuine personal emergency outside of the Caregiver’s control and has been notified to us as soon as reasonably possible, we may (at our discretion) agree that the cancellation fee is not payable.
  • Multiple cancellations by a Caregiver or Family may result in a warning, and persistent cancellations may result in the suspension of their account for a period of time (to be determined by us) or permanent cancellation of their account.

Reviews and other user content

  • The following user-generated content (User Content) may be uploaded to the Platform:
    • photos and information (about yourself if you are a Caregiver, or about your children and family if you are a Family) when creating your profile
    • reviews and ratings of Caregivers
    • reviews and ratings of Families
    • Member testimonials
    • questions and answers
  • You give us indefinite, worldwide rights to use, copy, change, display or share (free of charge) all User Content for the purposes of operating, improving, developing, marketing and promoting the Platform.
  • Where a Family posts a review of a Caregiver, you must not post any review that is offensive, discriminatory, threatening or harmful. Caregivers agree that we are not required to moderate, verify or remove any reviews posted on the Platform about you.
  • Where a Caregiver posts a review of a Family, you must not post any review that is offensive, discriminatory, threatening or harmful. Families agree that we are not required to moderate, verify or remove any reviews posted on the Platform about you.
  • You may not cancel your registration and re-register in order to prevent a review or rating from being associated with your account.
  • Any reviews or ratings posted by other users are the views of that person based on their experience. You may not experience the same results.

Disputes between Caregivers and Families

If any disputes or disagreements arise between Caregivers and Families relating to the services provided by Caregivers or payments made by or due from Families, the Families and Caregivers are responsible for resolving any such disputes directly with each other. While we will not be a party to any such dispute, we may facilitate communication between Caregivers and Families and, if necessary, offer assistance in dispute resolution.

Privacy, data security and data use

  • All personal information collected by us will be stored, used and shared in accordance with our Privacy Policy, which is incorporated into these Terms.
  • We will store and process your data in a manner consistent with industry security standards. We have implemented appropriate technical, organisational, and administrative systems, policies, and procedures.

Our intellectual property rights

  • Unless stated otherwise, neither these Terms nor your use of the Platform or the Website grant you intellectual property rights in the content, images, text, arrangement, layout or functionality of the Website and the Platform (other than your User Content).
  • These Terms do not grant you any right to use our trademarks.
  • You may not copy, imitate, reproduce, display, distribute, transmit, decompile, reverse-engineer or otherwise use our content without our express permission, or as permitted by the functionality of the Website and Platform.
  • If you submit any feedback or suggestions to us regarding our Platform, we may use and share them for any purpose without any compensation or obligation to you.

Acceptable use of Website and Platform

When using the Website and the Platform, you must not:

  • alter the Website or use the Website in a way that could interfere with the performance of the Website, the Platform or any other user’s use of the Website or Platform
  • disable or interfere with any security-related features of the Website or the Platform
  • use any programs, scripts, bots or other automated technology to scrape or access the Website or the interfaces through which we make our Platform available or hijack user accounts
  • copy, store or distribute the Website’s content
  • purchase, use, or access the Platform for the purpose of building a competitive product or service or for any other competitive purposes
  • host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest
  • misuse our Platform by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide
  • store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Website or Platform or that could harm or interfere with the Website or other users of the Website.

You must not use the Website or the Platform:

  • for any offensive, unlawful, discriminatory, threatening, defamatory, fraudulent or harmful purposes or for any activity that violates the rights of others, including to organise or incite violence, harassment, terrorism, or property damage
  • for any phishing, trolling or similar activities
  • to defraud, scam, hack, swindle or deceive other users of the Website or the Platform
  • to collect contact information of other users or to send any unsolicited communication to other users, or
  • to impersonate any other person or organisation
  • in any manner that infringes the intellectual property of any person or organisation.

Third-party links

Links to third party apps and websites are provided solely for your convenience. We have not reviewed all of these third party apps and websites and do not control and are not responsible for these apps/websites or their content or availability. We do not endorse or approve those websites and we have no liability for the content or security of those websites. By clicking on these links, you acknowledge and agree that you are leaving our platform and entering a third-party one. Please be aware the privacy policies for those websites may be different from ours.

Additional terms for App

  • Subject to you complying with these Terms and availability of the App, we grant you a licence to use the App on each device (e.g. phone, tablet) you use to download the App. We only grant this licence to you for your own personal use and you cannot transfer or sell it to anyone else. We grant identical and similar licences to all users of our App. The licence we grant is subject to these Terms, our Privacy Policy and any rules or policies applied by any app store provider or operator from whose site you downloaded the App.
  • If you breach any of these Terms, your permission to use the App automatically terminates.

Suspension, account closure, and cancellation of membership

  • You may cancel your membership at any time by emailing support@ittakesavillage.nz. Cancellation will take effect from the end of your applicable billing cycle. When you cancel your membership, you will no longer be able to access your account to use the Platform.
  • We may limit, disable, suspend and/or cancel your membership, remove or delete User Content from your account, and cancel your access to the Platform and/or close your account for any of the following reasons with or without notice to you: (a) you have materially breached these Terms (or any other policy we have notified you of) and failed to remedy that breach within 5 days after we have so notified you in writing; (b) consistent negative reviews c) multiple cancellations or no-shows; (c) if we are investigating suspected misconduct or inappropriate behaviour by you, including illegal activity; or (d) we consider your conduct or use of our Services is detrimental to the operation of the Platform or the security, welfare or experience of other users; (e) we are required to do so to comply with applicable law.
  • On cancellation for any reason your profile will be removed. Other User Content may or may not (at our discretion) remain on the Platform.

Disclaimers

  • You accept that there are risks associated with dealing with people you have not met before and relying on the information on the Platform. You understand and agree that your use of the Platform is at your sole risk, and you are responsible for conducting your own due diligence when interacting with other users on the Platform. We provide no assurance or representation (express or implied) regarding the suitability, reliability, timeliness of Caregivers or the integrity, responsibility or actions of Families whether in public, private or offline interactions.
  • We have no responsibility or liability to you related to any Caregiver Services booked through the Platform.
  • Caregiver and Family profiles are primarily user-generated, whilst we will use our reasonable endeavours to verify information provided to us by Caregivers through the vetting process, these checks are limited (and in some cases provided by third-parties). We do not assume, and expressly disclaim, any responsibility for the accuracy, completeness, or reliability of, and any liability that may result from the use of, or reliance on any profile on the Platform. Families should satisfy themselves with any Caregiver’s credentials.
  • The Website and Platform are provided on an "as is" and "as available" basis. We can’t guarantee the Website, or the Platform is totally secure or virus-free, even though we have reasonable security measures in place to protect any information you provide us. We do not guarantee or commit to any standards regarding the quality, performance or availability, reliability or that your use of the Website or Platform will be faultless, timely or continuous.
  • Caregivers acknowledge they are solely responsible for all taxes payable in respect of the payments made by us.

Indemnity

You agree to indemnify us and our directors and employees against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever arising out of or in connection with your breach of these Terms, your misuse of the Platform, user-generated content you upload, your infringement of intellectual property rights, your failure to provide accurate, up to date information, or your interactions with other users of the Platform.

Liability

  • If you are a consumer in New Zealand, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (Consumer Law). Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law.
  • To the maximum extent permitted by law, we will not be liable for any direct or indirect, special, consequential, exemplary, punitive damages or other damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or Platform or reliance on information on the Platform, or (ii) the interruption, suspension or termination of any part of or all the Website or Platform (iii) any malicious technologies that, through your use of the website, infect your device or systems, and any data loss or corruption.
  • To the maximum extent permitted by law, in no event will our total liability for any claims in connection with your use of the Website or Platform exceed the amount of money you have paid or received (as applicable) through the Platform in the 12 month period immediately before the event giving rise to the liability.

Changes to Terms

We may change these Terms at any time by posting the new Terms on the Website. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Website. Your continued use of the Website or the Platform after the effective date of any change will constitute acceptance by you of such changes.

The law that applies to these Terms

These Terms are governed by the laws of New Zealand. Any dispute relating to these Terms, the Website or the Platform that we cannot resolve with you must be resolved in the New Zealand courts.

Other Terms

  • You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign these Terms at any time without notice to you.
  • These Terms constitute the entire agreement between you and us, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
  • A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
  • If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.

If you have any questions about these Terms, please contact us at info@ittakesavillage.nz.