These terms and conditions (“Terms and Conditions”) set out the terms and conditions under which individuals may use this website and access the services offered by the company GTC referred to as “Nannychild” as it is the trademark.
These Terms & Conditions comprise a legal agreement between nannies proposed by the company in the platform (“Nannychild Nannies”) and you, the person accessing and using this website (“You” or “User”)
Nannychild owns, operates and maintains the nannychild.com website at
www.nannychild.com (“Website”) and other subsidiary websites that are accessible from this Website.
By accessing the Website, you are deemed to have read these Terms and Conditions and you agree to be bound by the Terms and Conditions, which shall govern your access and use of the Website and all applicable laws and regulations.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS
YOU MAY NOT ACCESS OR USE THE WEBSITE AS WELL AS ITS SERVICES.
1. Intellectual property right of Terms & Conditions
These Terms and Conditions are the property of Nannychild and can’t be used or reproduced in whole or in part without the written authorization of Nannychild.
2. Description of Services
Nannychild offers online services to match nannies and families following a percentage obtained after completing a questionnaire. We qualify nanny profiles according to the expectations of families and propose matches based on the activities offered, the personality of the nanny in addition to the other basic criteria proposed elsewhere. This is exactly what makes our offer so unique and efficient. All these services are referred to as “Services”.
Nannychild simply facilitate matching by putting nannies (“Service Providers”) in touch with families (“Service Seekers”) by providing a platform with search functions which allows You to post information profiles on the Website that will enable Service Seekers to find the appropriate Service Provider based on their preferences and needs. Service Providers and Service Seekers are referred collectively as “Parties”. Save and except for the Services and otherwise as set out herein no person may use or access the Website for any other purpose. The Website is neither an internet job posting website nor a referral service. It's a Website that matches nannies with families based on defined criteria. Nannychild does not charge Service Providers or Service Seeker a fee or other compensation based on a Service Seekers decision to, or not to enter into an employment or independent contractor agreement.
Once a match is made, Nannychild is not a party to the relationship between the Service Seeker and Service Provider. Nannychild is not a party to and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties. Nannychild does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Website.
You assume all risks, including but not limited to risk of physical harm, associated with dealing with other persons whom you come in contact with through the Services of the Website.
AS NANNYCHILD IS ONLY A PLATFORM WHICH CONNECTS SERVICES PROVIDERS WITH SERVICE SEEKERS, IT DOES NOT PROVIDE ANY VISA AS LONG AS THE COMPANY IS NEITHER A GOVERNMENT AUTHORITY, NOR A SUBSTITUTE FOR A GOVERNMENT AUTHORITY, NOR RELATED TO ANY GOVERNMENT AUTHORITY.THE COMPANY DOES NOT PROVIDE ANY EMPLOYMENT CONTRACT AS THERE IS ABSOLUTELY NO LEGAL RELATIONSHIP OF SUBORDINATION BETWEEN THE COMPANY AND THE USER. THE COMPANY MERELY PROPOSES AND MATCHES THE PARTIES WITHOUT FORCING THEM TO ENTER INTO A CONTRACT. IN THE EVENT THAT PARTIES DECIDE TO CONTRACT TOGETHER, THE COMPANY DOES NOT PROVIDE ANY EMPLOYMENT CONTRACT AS THE COMPANY IS NOT A “THIRD” PARTY.
3. User Accounts and Passwords
To access and use certain features of the Website, you will need to create a profile through the Website (“User Account”). As part of the process to create, register and maintain your User Account you must provide Nannychild with certain current, complete, and accurate registration information, including your name, e-mail address, and other data or information that has been requested by Nannychild during the client account registration process (“Registration Data”). In these Terms and Conditions, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Website and any other information that identifies who you are. Registration Data and Personal Information will be used by Nannychild solely in accordance with these Terms and Conditions and Nannychild Privacy Policy (the “Privacy Policy”).
Upon the creation and approval of your User Account, you will receive a password and account designation from Nannychild. You are responsible for maintaining the confidentiality of the username and password associated with your User Account, and you are fully responsible for all activities that occur under your user name and password. You acknowledge and agree that Nannychild may, in its sole discretion refuse to establish a User Account or cancel or suspend your User Account if Nannychild reasonably believes that the Website or Services have been or may be misused by you or any third party who has obtained access to the Website or Services through your User Account. You further agree that you will: (a) maintain and update all Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website; and (c) be
responsible for all activities that occur under such password or account. You agree to immediately notify Nannychild of any unauthorized use of your user name and password or any other breach of security associated with your User Account, and ensure that you log out from your User Account at the end of each session. You agree not to provide any other individual access to your User Account via your login information. You agree that Nannychild, in its sole discretion, may at any time terminate your password, User Account (or any part thereof) or use of the Website or Services, and remove any Website content from the Site, for any reason, including, without limitation, if Nannychild believes that you have violated or acted inconsistently with these Terms and Conditions.
4. Eligibility Criteria
To be eligible to use the Services offered by Nannychild, you represent and warrant as follows:
I. That you are the age of majority in your country of residence AND in your future country of work on the date of creation of your User Account;
II. if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and
III. neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.
1. User Account Fees, Term and Renewal
A. Nannychild charges Service Seekers for use of the Website and the Services according to the price list displayed on the Website. Please note that prices are subject to change.
B. Nannychild will activate a Service Seekers’ account and grant access to the
database of Service Providers once payment is received in full.C. Subscriptions are for a fixed period. There is no automatic renewal.
5. Applicable law and jurisdiction
These Terms and Conditions are exclusively governed by French law provisions in accordance with the interpretation of French law provisions. Consequently, in case of claims or dispute, you agree and consent to the exclusive jurisdiction of France.
6. Restrictions on Use of Site
Except as otherwise set out herein, you agree not to use the Website for any commercial use, without the prior written authorization of Nannychild. Without limiting the generality of the
forgoing, prohibited commercial uses include use of the Website and/or any Website content for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on any third party website, and/or use of the Website by any job posting company, home childcare providers, nanny agencies, or baby-sitting companies without Nannychild express approval. Prohibited commercial uses do not include using Website content that is expressly designated by Nannychild in writing (“Designated Information”) in news releases or on third party websites provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with Nannychild.
7. Personal Information and use of Services
You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms and Conditions. By agreeing to the Terms and Conditions or by using the Website, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy. As a Service Seeker, Service Provider or any other User of the Services, you agree that the
content of information and materials posted on the Website by You is accurate, current and complete. In addition, you represent and warrant as follows:
- You will use the Services provided by Nannychild solely for yourself and are
responsible for all activity and use of your account and may not assign or transfer your account to any other person.
- You have the right and authority to post all information you post about yourself or others.
- You will not provide inaccurate, misleading, defamatory or false information to Nannychild or to any other User of the Website.
- You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexuallyoriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
- Your use of the Website and Services provided by Nannychild are in accordance with any and all applicable laws and regulations.
8. Use License
Nannychild hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms and Conditions and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. These Terms and Conditions do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Nannychild or any third party. Nannychild may terminate this license at any time for any reason whatsoever.
9. Intellectual Property of website
This Website and all intellectual property rights in the Website are owned by Nannychild. Nannychild reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered. It also includes these Terms & Conditions and Privacy Policy.
Trade-marks
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Website or used in connection with the Services are the trade-marks of Nannychild (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of Nannychild or any other content appearing on the
Website or in connection with the Services except as provided in these Terms and Conditions or with the express written consent of Nannychild is strictly prohibited. Nothing contained on this Website shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of Nannychild.
10. Use Restrictions
In addition to complying with these Terms and Conditions, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law. Nannychild encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Website and in connection with the Services provided. Please contact Nannychild at contact@nannychild.com
11. Termination of Registration
Nannychild reserves the right, in its sole discretion, to terminate your account or access to part or all of Nannychild Website and/or Services in the event Nannychild determines you are not eligible to use the Services or have violated any of the provisions of the Terms and Conditions, or have misused the Website or Services in any way.
12. Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NANNYCHILD BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY NANNYCHILD CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
Nannychild Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs.Once a match is made between Service Seeker and Service Provider, Nannychild is no longer a party to the relationship between the Service Seeker and Service Provider.
CONSEQUENTLY, NANNYCHILD IS NOT A PARTY TO AND SHALL NOT, IN ANY
WAY, BE LIABLE TO A SERVICE SEEKER OR SERVICE PROVIDER OR ANY OTHER THIRD PARTY, ARISING, EITHER DIRECTLY OR INDIRECTLY FROM SUCH EMPLOYMENT OR INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE PARTIES. IN NO EVENT WHATSOEVER SHALL ANY OF NANNYCHILD, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY NANNYCHILD CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE NANNYCHILD, PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
13. Indemnification
You agree to indemnify and hold Nannychild, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Website.
14. Miscellaneous
- Language
It is the express will of Nannychild that these Terms and Conditions and all related documents on the Website are in English.
- Non-assignment
These Terms and Conditions are not assignable, transferable, or to be sub-licensed by you except Nannychild prior written consent. Nannychild may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- Modifications of Terms and Conditions
Nannychild may revise these Terms and Conditions at any time without notice. By using the Website, you are agreeing to be bound by the current version of the Terms and Conditions and Privacy Policy (last updated date listed at the top of the Terms and Conditions). The content and material appearing on the Website could include technical, typographical or photographic errors Nannychild does not warrant that any of the materials provided are accurate or current.
- Links to External Websites
The links on this Website to other websites or resources, including those operated by parties other than Nannychild are provided for your convenience. Nannychild is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of service or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk.
- Websites and Services provided “As Is”Nannychild disclaims the accuracy or completeness of any information, data, submissions, or content accessible through the Website or provided as part of the Services and there is no warranty, either express or implied, in regard to the same.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY CONTENT AND ALL OTHER INFORMATION, DATA, SUBMISSIONS, AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
15. Legal information
This Website is produced and published by GTC
Contact email: contact@nannychild.com
This Website is hosted by OnlyDomains, PO Box 116, Napier, Hawkes Bay 4110, New Zealand
16. Contact Us
If you have any questions about the Terms & Conditions, or need to provide notice to, or communicate with, Nannychild under the Terms & Conditions- you can contact us at contact@nannychild.com