Terms & Conditions

Please read these Terms and Conditions (T&C) carefully. By creating an account on Kidsitt, you confirm you have understood and accepted the T&C which govern the relationship between Kidsitt GmbH and its users and which apply to all products and services of Kidsitt GmbH. By using our services, you agree with the following terms and conditions in its entirety: 

1. Area of application 

1.1 Subject of the Contract 

Subject of these T&C is the legal relationship between Kidsitt GmbH and its’ users. These T&C apply to all services offered through Kidsitt GmbH, the Kidsitt App (“App”), i.e. the operation of an online platform that allows registered parents (the "Parents") seeking someone (the "Sitter") to care for their children and to be able to contact registered sitters who are willing to look after the children (the "Service"). A Parent or a Sitter is hereafter referred to as "User", "you", "yours". 

1.2 Conclusion of the Contract 

The access to Kidsitt services requires a free sign up to the online platform of Kidsitt GmbH. 

All users declare with their registration that they have completed 15 years of age or to have completed 13 years of age and have a declaration of consent from their parents or legal guardian. By registering to the website and/or the App, the User agrees and accepts T&C and agrees with the legal conditions of Kidsitt GmbH. The registration creates a contractual relationship between Kidsitt GmbH and the registered member. 

2. Changes 

KIDSITT GMBH RESERVES THE RIGHT TO CHANGE, AT ITS SOLE DISCRETION, ANY PART OF THESE T&C. PLEASE CONSULT THE T&C REULARLY IN ORDER TO BE AWARE OF ANY CHANGES MADE. THE DATE AT THE TOP OR THE BOTTOM OF THIS DOUMENT INDICATES THE DATE WHEN THE LAST AMENDMENT OF THESE T&C HAS OCCCURRED. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE T&C AS AMENDED. IF YOU DO NOT AGREE WITH THE AMENDED T&C, YOU SHOULD NOT USE THE APP AFTER THAT DATE ON WHICH THE AMENDMENTS HAVE ENTERED INTO FORCE.

3. Registration of users 

3.1 Interview 

All Sitters are vetted by Kidsitt GmbH by interviewing them. Therefore, Kidsitt GmbH will meet the Sitter personally prior to creating a profile available to the Parent. The Sitter needs to confirm their truthful answer and confirm they have no criminal record at the time of the interview. KIDSITT GMBH CANNOT BE HELD RESPONSIBLE FOR UNTRUTHFUL REPRESENTATIONS FROM THE SITTER. 

3.2 Provision of correct information 

Both Sitter and Parents agree to only provide accurate and truthful information about their identity (e.g. age, gender). It is prohibited to use an alias or the identity of another person to create multiple profiles or use another User's profile. KIDSITT GMBH RESERVES ITSELF THE RIGHT TO REMOVE OR REFUSE, TEMORARILY OR PERMANENTLY, THE USERS ACCESS TO THE APP IF THE PROFILE CONTAINS INACCURATE OR FALSE INFORMATION, OR IF KIDSITT GMBH CAN REASONABLY SUSPECT THAT IT CONTAINS INCORRECT OR FALSE INFORMATION, WITHOUT ANY WARNING OR ANY COMPENSATION. In case of doubt, Kidsitt GmbH may also ask you to prove your identity with written evidence and may also proceed with any verification that might be useful in this context. If you do not respond to such a request, Kidsitt GmbH reserves itself the right to delete your profile or to deny your access to the App or Service without any warning and without any right to compensation. 

3.3 Age declaration 

All users declare with their registration that they have completed 15 years of age. Or have completed 13 years of age and have a declaration of consent from their parents or legal guardian. 

3.4 Work permit 

ALL SITTERS WHICH DO NOT HAVE A SWISS CITIZENSHIP ARE RESPONSIBLE TO HAVE A LEGALLY VALID WORK PERMIT ACCORDING TO SWISS LAW (ESPECIALLY BUT NOT EXCLUSIVELY SWISS MIGRATION LAW). THE PARTENS ARE RESPONSIBLE TO CHECK THE AVAILABILITY OF A LEGALLY VALID WORK PERMIT OF SITTERS WHICH DO NOT HAVE A SWISS CITIZENSHIP PRIOR TO THE ENGAGEMENT OF THE SITTER. 

3.5 Storage of profiles

All Sitters and Parents profiles are stored in a central and secured database. The User may modify his profile ("My Profile") at any time. The User must keep his profile up-to-date. 

4. The Service of Kidsitt GmbH 

4.1 Online platform 

The Service offered by Kidsitt GmbH consists only in operating an online platform that allows registered Parents seeking someone to take care of their children and to contact registered Sitters who are willing to look after their children. Kidsitt GmbH cannot be seen as employer, principal or any other responsible of the services offered directly by the Sitters to the Parents. You expressly agree that the activities of Kidsitt GmbH does not consist of any babysitting/ kidsitting services. 

4.2 Intermediary 

Kidsitt GmbH only acts as an intermediary and as an operator of an online platform. KIDSITT GMBH CANNOT BE HELD RESPONSIBLE OR INTERVENE IN ANY WAY IN THE RELATIONSHIP THAT DEVELOPS BETWEEN THE PARENT AND THE SITTER NOR CAN KIDSITT GMBH GUARANTEE A SUCCESSFUL CREATION OF CONTACT BETWEEN THE PARENT AND THE SITTER AND NEITHER THAT THE REGISTERED PERSON REPLIES WITHIN A CERTAIN TIME. IN NO EVENT WILL KIDSITT GMBH BE LIABLE FOR THE BEHAVIOR OF PARENTS OR SITTERS OR FOR ANY DAMAGES THAT THEY MAY CAUSE TO ONE OTHER. 

5. General requirements for the use of the service 

In order to use the Service, the User must have a smartphone on which the App has been installed and an Internet connection. 

6. Fees 

For the Sitter, the use of the App is for free. 

For the Parent, the sign up and contacting the Sitter through the App is for free. 

Once a sitter is booked, the Parent pays a booking fee. Therefore, the Parent must have a credit card. In the event an appointment is cancelled more than 6 hours before the appointment, the booking fee will be refunded to the Parent. 

7. User obligations 

7.1 In general

Users agree that they will never do anything that could affect the integrity or security of this App or website or cause other Users of this App or website or Kidsitt GmbH any harm or unreasonable inconvenience. 

7.2 Information 

Users are obliged to provide sincere and correct information. 

Users declare that they have not been convicted of a deliberate criminal offense which endangers the security of third parties, in particular, not for a criminal offense against sexual integrity (Article 187 ff. Swiss Criminal Code), a criminal offense against freedom (Article 180 ff. Swiss Criminal Code), a criminal offense against life and limb (Article 111 ff. Swiss Criminal Code), or a criminal offense against the legislation on Narcotics and Psychotropic Substances (Art. 19 ff. Federal Act on Narcotics and Psychotropic Substances). The App or the Service and the information received thereout can solely be used for personal use as a Parent or Sitter. You are not allowed to pass on any information obtained through the App or the Service to any third parties for any commercial purposes or any other purposes which are not considered as normal use of the App. 

7.3 Personal use of the profile 

The user is also responsible for the general and personal use of their profile. It is prohibited to transfer the account to others/third parties. IN CASE OF A VIOLATION TO THIS PROVISIONKIDSITT GMBH RESERVES ITSELF THE RIGHT TO PARTIALLY OR COMPLETELY DELETE THE CONTENT OF THE USERS. PAID BOOKING FEES WILL NOT BE REFUNDEN IN THAT CASE. 

Use of the date is prohibited for other than personal reasons 

The App or the Service can solely be used for personal use as a Parent or Sitter. You are not allowed to pass on any information obtained through the App or the Service to any third parties for any commercial purposes or any other purposes which are not considered as normal use of the App. 

8. Compliance with legal obligations 

THE USE OF THE SERVICE CAN RESULT IN LEGAL OBLIGATIONS FOR THE USER IN THE AREAS OF SOCIAL SECURITY, TAXATION OR INSURANCE. EACH USER AGREES TO COMPLY WITH THE RESPECTIVE LAWS APPLICABLE TO THE USE OF THE APP OR THE SERVICE.. Kidsitt GmbH obliges each Parent and Sitter to seek the necessary advice. If needed, each Parent or Sitter must take the necessary steps to ensure that he/she is fully compliant with all applicable legal requirements. IN NO EVENT CAN KIDSITT GMBH BE HELD LIABLE FO ANY DAMAGES, FINES OR PENALTIES ARISING FROM THE USERS FAILURE TO COMPLY WITH THESE OBLIGATIONS. 

9. Appropriate and prohibited conduct 

Confidence, trust and expectations are essential conditions when someone is taking care of your child. Each User agrees to behave appropriately and respectfully toward all other Users. It is strictly forbidden for Users to apply any inappropriate, racist or discriminatory behaviour or to act contrary to the good morals or to use a profile picture that violates any of the foregoing. A User may not post any inappropriate, racist, immoral, discriminatory or offensive material or comments on his profile. The App or the Service may not be used for counterfeit purposes, to commit unlawful acts or exchange illegal material or content and in general, it is forbidden to use the App in a way that is not related to the Service that is offered. KIDSITT GMBH RESERVES THE REIGHT TO DENY ACCESS, EITHER TEMPORARILY OR PERMANENTLY TO THE APP OR THE SERVICE TO ANY USER WHO DOES NOT COMPLY WITH THIS ARTICLE, WITHOUT WARNING OR ANY RIGHT TO COMPENSATION. 

10. Payments 10.1 Payment from the Sitter 

Sitters can use the Service free of charge. 

10.2 Payments from the Parent to the Sitter 

As a Parent, by booking a Sitter you agree to pay the personal hourly rate of the booked Sitter multiplied with the hours worked to the latter. The Sitters are paid directly by the Parents for their Sittings in accordance with the arrangements agreed upon between the parties. These payments can be executed by using the In - App payment option or in cash. However, the only way to be paid via in app payment is if the Sitter has provided a bank account number and the parent has a credit card. KIDSITT IS NOT A PARTY TO THE AGREEMENT BETWEEN PARENTS AND SITTERS. KIDSITT THEREFORE DOES NOT INTERVENE IN THE PAYMENTS BETWEEN THE PARENTS AND THE SITTERS AND CANNOT BE HELD LIABLE IN ANY WAY IF A PARENT DOES NOT EXECUTE OR ONLY PARTIALLY EXECUTES THE PAYMENT. 

10.3 Payments from the Parent to Kidsitt GmbH

Parents pay Kidsitt GmbH via In-App Payment per booking. The fee is fixed at……per sitting. In the event a booking is cancelled more than 6 hours in advance the booking fee will be refunded. To execute this payment, Kidsitt GmbH uses the payment services of Stripe Payments Europe. BY USING THE SERVICE AND THE STRIPE PAYMENT SYSTEM, YOU ACCEPT, IN YOUR CAPACITY OF PARENT, THAT THE STRIPE TERMS AND CONDITIONS ARE APPLICABLE BETWEEN YOU AND STRIPE PAYMENTS EUROPE. THESE STRIPE TERMS AND CONDITIONS ARE ATTACHED TO THESE T&C AND FORM AN INTEGRAL PART HEREOF. THE TRIPE PAYMENT SYSTEM DOES NOT ALLOW YOU TO EXECUTE PAYMENTS OF LESS THAN EUR 1. 

11. User Reviews 

The most important aspects of taking care of a child are trust, confidence and expectations. Therefore, Kidsitt GmbH has developed a rating system based on 3 Smileys. At the end of a sitting, Parents need to rate the Sitter in an objective and conscientious manner. The Sitter accepts that he can be subject of a review. If a Sitter believes a specific review is not justified, the sitter can contact Kidsitt GmbH through info@kidsitt.com. If a Sitter wants to make a report about the Parent, the Sitter can do so by sending an email with contact details to info@kidsitt.com. Kidsitt will contact the Sitter within 72 hours. 

12. Availability and liability 

The goal of Kidsitt GmbH is to keep its services accessible 24/7 for as many Users as possible. Therefore, Kidsitt GmbH undertakes all reasonable efforts. In case of interruption of the services, Kidsitt GmbH will solve the disruption as soon as possible with the most appropriate remedy. 

KIDSITT GMBH RESERVES THE RIGHT TO SUSPEND ACCESS TO THE KIDSITT APP FOR ANY REASON, AT ANY TIME WITHOUT ANY NOTICE, WITHOUT THE LIABILITY FOR INTERRUPTIONS AND OTHER CONSEQUENCES. KIDSITT GMBH CANNOT BE HELD LIABLE FOR ANY FAULTS. IN NO EVENT CAN KIDSITT GMBH BE HELD LIABLE FOR ANY DAMAGE RESULTING FROM THE UNAVAILABILITY OF THE APP OR THE LOSS OF DATA OR INFORMATION PROVIDED ON THE APP. IN NO EVENT SHALL KIDSITT GMBH BE LIABLE FOR ANY INDIRECT DAMAGES SUCH AS LOSS OF OPPORTUNITY OR SUNK COSTS. KIDSITT GMBH PROVIDES A VIRUS FREE APP AND WEBSITE AND TAKES NO RESPONSIBILITY FOR ANY COMPUTER/SYSTEM VIRUSES OR ANY OTHER SYSTEM ISSUES. Users are fully responsible for using a virus scanning software.

13. Intellectual Property and copyright 

All contents provided by Kidsitt GmbH are owned by Kidsitt GmbH and protected by copyright. All rights are reserved. Contents may be viewed, printed, copied for personal use in regard to the services of Kidsitt GmbH only. The reproduction or the use of Kidsitt GmbHs content for any other, especially for commercial use is forbidden. 

14. Involvement of third parties 

Kidsitt GmbH is entitled to commission third parties to provide parts or the entire range of services. 

15. Deactivation of the profile 

A deactivation of your profile is possible any time. Anyone wanting to delete their profile, may send an email to info@kidsitt.com. Kidsitt GmbH will delete your profile as soon as possible.

16. Advertisement and the use of cookies 

16.1 Advertisement 

Kidsitt GmbH reserves the right to other companies to advertise on the App and on the website. THE ADVERTISEMENTS ARE INDEPENDENT AND KIDSITT GMBH CANNOT BE HELD LIABLE, TOLERANT OR AGREEABLE WITH THE CONTENT OF THE ADVERTISEMENTS. 

16.2 Cookies 

Kidsitt GmbH uses cookies. Cookies recognise the preferences of the users to make sure the website runs as optimal as can be. Cookies are small files that are stored on the device of the User. These can be used to determine whether your device has already communicated with the pages. Only the cookies stored on your device are identified. Personal data may be stored in cookies if you have agreed or are technically strictly required, e.g. to enable a protected login. By using the Kidsitt App and website, the User agrees to the use and storage of cookies on his/her device. Most browsers automatically accept cookies. The User does not have to log in again each time, as the cookies recognize the User. The User can prevent the storing of cookies on the terminal by choosing “do not accept cookies” in your browser settings, but this may have disadvantages in the use of the services of our platforms. By using the Kidsitt App and website, the User agrees to the further processing of the data collected from the User by Google for the purpose described as follows: 

Kidsitt GmbH uses Google Analytics, an online service of the American Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, which is used for the traffic analysis of web pages (hereinafter: Google). Google Analytics also uses cookies to analyse the use of the website. Google uses cookies from Google itself (Google Analytics cookies) and so-called third-party cookies (double click cookies). The information on the use of the Kidsitt website, including the IP address of the User, collected by the cookies, is generally transferred to a Google server in the USA and stored there. On behalf of Kidsitt GmbH, Google will use this information to evaluate your use of the website to compile reports on the website activities. In particular, to provide services connected with the use of the website and the use of the internet. Google may also transfer this information to third parties as far as third parties process this data on behalf of Google or if this is required by law. Google will not associate your IP address with other data from Google. Google’s privacy policy also states: “When you use Google services, our servers automatically record data that your browser sends when you visit a website. These server log files can contain your web request, the IP address, the browser type, the browser language, the date and time of your request, and one or more cookies that can clearly identify your browser”.

17. DISCLAIMER 

17.1 CONTENT 

KIDSITT GMBH TRIES TO ALL EXTENT TO CHECK ALL CONTENT ON THE APP AND WEBSITE, BUT KIDSITT GMBH DOES NOT TAKE ANY RESPONSIBILITY OF THE COMPLETENESS OR CORRECTNESS OF THE INFORMATION PUBLISHED ON THE APP OR WEBSITE, AS WELL AS THE PROFILES OR FOR THE POSSIBLE MISUSE OF PROVIDED INFORMATION. KIDSITT GMBH EXPELS ALL LIABILITY CLAIMS FOR DAMAGE CAUSED BY THE INFORMATION PROVIDED BY USERS. KIDSITT GMBH ASSUMES NO LEGAL RESPONSIBILITY FOR THE PUBLISHED CONTENT OF THIRD PARTIES TO WHICH KIDSITT GMBH REFERS TO ON ITS WEBSITE. 

17.2 QUALITY OF THE SERVICE PROVIDED BY THE SITTER 

KIDSITT GMBH DOES ALSO NOT TAKE ANY LIABILITY FOR THE QUALITY OF THE SERVICE PROVIDED BY THE SITTER AND EXCLUDES ANY LIABILITY ARISING FROM THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARENT AND THE SITTER. 

17.3 FORCE MAJEURE 

KIDSITT GMBH CANNOT BE HELD LIABLE FOR ANY VIOLATIONS OF THESE T&C DUE TO CIRCUMSTANCES WHICH ARE CAUSED BY FORCE MAJEURE OR ANY CIRCUMSTANCES REASONABLY OUT OF ITS CONTROLL. 

18. Severability clause 

If a provision of this Agreement is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this T&C. The parties conclude the resulting regulatory gap by consensus. A replacement regulation must correspond to the economic purpose and the spirit of the T&C. 

19. Governing Law and Jurisdiction 

Swiss Law is applicable to this T&Cs. The place of jurisdiction is at the registered offices of Kidsitt GmbH unless another place of jurisdiction is applicable by law.

 

April 2018