The Babysitter’s Club Limited

Terms and Conditions

Last updated July 2018

  1. These terms and conditions relate to the Babysitters Club Limited and the Babysitters App Limited, collectively referred to as “TBSC”.
  1. Definitions
    1. “Client” means the person(s), family, or entity with whom TBSC enters into an agreement for the purposes of providing Services. 
    2. “Carer” means the person who is to undertake the Services for a Client.
    3. “Intermediary” means the relationship between TBSC, the Client and the Carer, with TSBC being an intermediary connecting a Client to a Carer.
    4. “Services” means services relating to babysitting or caring for a child, on a casual or regular basis.
    5. “Member” means a Client or Carer who has registered on the Website or App.
    6. “Website” means the online medium of the domain of “thebabysittersclub.nz”, which operates the business of TBSC. This term includes website operations performed on “thebabysittersclub.nz”.
    7. “App” means the installed application on a smart phone, tablet, or any other device capable of running the App, available for download, which operates the business of TBSC.
    8. “Scheduled Time” means the time that the Client and Carer have agreed that the Carer will perform Services for the Client.
    9. “Overtime” means the time over and above the Scheduled Time, which is rounded to the nearest 15 minutes.
    10. “Police Check” means a full disclosure criminal check conducted by the New Zealand Police based on the Child Protection Authority.
    11. “First Aid Certificate” means a current and valid statement of attainment in a recognised First Aid Training programme, which includes CPR, Astha and Anaphylaxis training.
    12. “Intellectual Property” means all and any intellectual property rights conferred on TBSC, whether existing now or at any time in the future in relation to the Website, the App, or otherwise. This includes but is not limited to copyright, databases, business processes, designs, concepts, ideas, methods, copyright or invention.
  1. Acceptance of Terms and conditions
    1. The access and use of the Website and App is governed by these terms and conditions (“the Terms”).
    2. TBSC reverses the right to change the Terms at any time. Such amendments will have effect on the date that the amendments are made and uploaded to the Website and App.
    3. A notice will be emailed to all Members notifying the change of the Terms.
    4. A Member’s continued use of its membership will be deemed to constitute your acceptance of the new Terms. 
    5. In the event that a Member does not agree with the new Terms, they should discontinue their Membership with immediate effect.
  1. Membership Requirements
    1. Membership to TBSC provides access to Carer matching services available through the Website or the App.
    2. Both Clients and Carers are required to register as Members, in order to access the Website or App.
    3. Carers must be aged 18 or over and be legally required to work in New Zealand. Cares must submit personal details including, but not limited to, photo identification, details of a current Police Check and other personal information.
    4. Carers are not permitted to create more than one profile on the Website or App. Carers are not permitted to share their membership with other Carers or other persons. Carers are not permitted to sub-contract the Services to any other person at any time.
    5. Clients are not permitted to create more than one profile on the Website or App. It is preferred that Clients create one profile for their family.
    6. The Website or App is for the personal use of individual members only. Babysitting agencies and organisations, including childcare centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as Clients or Carers on the Website or App. 
    7. When registering with TBSC, Member warrant that they have provided accurate, complete and up to date information as requested. Information provided will be treated in accordance with the Privacy Policy.
    8. Members are responsible for maintaining the confidentiality and security of their own login and password details and are wholly responsible for all activities that occur under their login and password. Members are required to exit their account at the end of each session.
    9. Members agree to immediately advise TBSC of any unauthorised use of their login and password.
    10. TBSC may, at any time, request a form of identification to verify the identity of a Member.
    11. Carers are representative of TBSC at all times and are required to act appropriately, particularly on social media. It will not be acceptable to post comments online that bring TSBC or Clients into disrepute whether that be specifically in relation to TBSC or generally.
  1. The Service
    1. TSBC is a matching and payment service. TBSC acts as an intermediary between Clients and Carers.
    2. Carers create profiles on the Website or App which display their skills for the Services. This enables Clients to search for Carers based on location and child-minding requirements.
    3. TSBC carries on the business of providing babysitting services to clients and acts as intermediary and agent between the Contractor and clients for the purposes of collecting and disbursing the Carer’s receipts.
    4. The parties have reached an agreement regarding the Carer’s engagement in relation to providing these babysitting services.
    5. The parties record the terms of their agreement as follows.
    6. Carers and Clients shall not arrange for the Carer to provide Services to the Client outside their Membership.
    7. Clients are wholly responsible for all aspects of selecting and booking a Carer.
    8. TBSC is not responsible for the conduct of any member using the Website or the App, either online or offline.
    9. This Agreement records that the supply of services by the Carer to the Client is a separate supply to the supply of services provided by TBSC to the Carer, in accordance with section 60(1B) of the Goods & Services Tax Act 1985.
  2. Status of Carers
    1. Carers are independent contractors and are not agents or employees of TBSC.   
    2. Carers acknowledge and confirm that they are not entitled to receive statutory benefits of employment under this Agreement, such as holiday pay, statutory holiday pay, or the right to bring a personal grievance or a dispute under the Employment Relations Act 2000. 
    3. Carers agree that any dispute over the terms and application of this Agreement, or its termination, shall be resolved under the exclusive jurisdiction of the District Court.
  3. Payment for services
    1. TBSC agrees to act as agent for the Carer in collecting payment from the client on behalf of the Carer and disbursing same to the Carer’s bank account after the deduction of charges as set out in this Agreement and withholding taxes imposed on independent contractors under the Income Tax Act 2007. 
    2. In all circumstances, all payments made to Carers by TBSC under this Agreement are inclusive of GST (if any).
    3. This Agreement recognises that, unless expressly notified to TBSC in writing , the Carer is not registered for GST under the Good & Services Tax Act 1985. 
    4. Unless a Carer has notified TBSC s/he is registered for GST, the Carer shall not charge, and TBSC is not obliged to pay, GST with respect to services performed by the Carer. 
    5. If the Carer has notified TBSC that s/he is registered for GST, the Carer must issue a GST tax invoice to TBSC with respect to all taxable supplies performed for TBSC.
    6. TSBC is required to deduct withholding tax pursuant to the Labour Hire rules in the Income Tax Act 2007 with effect from 1 April 2017 onwards. The Carer shall complete the required forms (IR330C) and accept the deduction of withholding tax by TBSC. Carers are responsible for keeping their own accounts, completing their own tax returns and satisfying their own income tax liability; and registering for Goods & Services Tax as necessary.
  1. Conduct
    1. Members agree not to engage in any unbecoming conduct, which includes but is not limited to conduct that is unlawful, harmful, threatening, defamatory, obscene, abusive, or inappropriate. Whether or not conduct is considered to be unbecoming or inappropriate is at the sole discretion of TBSC.
    2. Should Members experience problems with other Members on the Website or the App, Members are encouraged to make a complaint in accordance with the Complaints Procedure.
    3. Carers are not permitted to have guests at the Client’s property while they are performing Services.
    4. Carers are not permitted to share their phone with children while performing Services.
    5. The Carer is not permitted to leave the Client’s property without the return of the Client or alternatively written permission of the Client.
  1. Intellectual Property
    1. Members agree not to copy, modify, duplicate, create derivative works, republish, display, transmit or distribute all or any part of TBSC’s Intellectual Property.
  1. Account Suspension or Termination
    1. All Members have the ability to post feedback and ratings through the Website or App or submit a complaint to TBSC.
    2. TBSC reserves the right to publish feedback on the Website, the App, or any other medium, at its sole discretion. When doing so this will be in accordance with the Privacy Policy.
    3. TBSC may, at its sole direction, suspend or terminate a Membership for any reason, with or without notice. Reasons for suspension or termination may include (but not be limited to) breaches to the Conduct clause, as a result of assessing a complaint in accordance with the Dispute Resolution Process, or for any other conduct that may bring or is likely to bring TBSC into disrepute.
    4. If a Member is suspended from the Website or App that Member may have their profile removed for that period of suspension.
    5. As part of the Complaints Procedure, TBSC may conduct an investigation into the conduct of any Member.
    6. If a Membership is terminated, TBSC is not required to agree to reinstate the Membership. Any reinstatement is at TBSC’s sole discretion.
    7. TBSC reserves the right to, without limitation, permanently or temporarily hide part or all of the profile, modify the profile, or permanently or temporarily block access to all or part of the Website or App.
    8. TBSC may deactivate a membership if it is inactive for a period of 18 months or more, from the date of last use.
    9. A Member may terminate their membership at any time by following the process outlined in the Support Section of the Website or App.
  1. Complaints Procedure
    1. If a Member wishes to make a complaint they are required to follow the Dispute Resolution Process. Should a dispute arise, Members are encouraged to contact TBSC immediately. TBSC will investigate the dispute and make a decision on the issue as TBSC considers appropriate.
    2. The Dispute Resolution process is as follows:
      1. Members submit a complaint or dispute through the Dispute Centre on the Website or App. Members must outline the complaint with sufficient detail and include written examples if appropriate. If a complaint is urgent this needs to be specified.
      2. Once the dispute is submitted it will be reviewed by TBSC within 96 hours of receipt. Urgent complaints will be reviewed as soon as practicable.
      3. TBSC may contact either party for further information as part of the investigation.
      4. TBSC will make a final decision on the matter as it considers appropriate. This may include the termination or suspension of a Membership.
  1. Warranties
    1. TBSC undertakes to verify the Police Check provided by Carers. However, TBSC does not warrant any Carer’s suitability to provide the Services, including but not limited to honesty, capability or character of any Carer.
    2. TBSC makes no warranties or representations as to the quality, accuracy or completeness of the content on the Website of App or the information otherwise provided by a Member.
    3. TBSC shall use reasonable endeavours to ensure that the Website or App is available 24 hours a day, but does not warrant that such availability will be provided at all times. Access may be interrupted temporarily without notice for error, system failure or maintenance.
  1. Liability and Acceptance of Risk
    1. Members are wholly responsible for their participation on the Website or App. Members use the Website and App at their own risk.
    2. TBSC is not responsible for, and accepts no liability in relation to Members’ use of the Website or App, in any circumstance. Members are solely responsible for the content that is transmitted or posted either on the Website or App or to any other Member, including Members’ reliance on such content.
    3. TBSC shall not be liable for any damage or losses whether incidental, consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by a Member or any other person arising directly or indirectly out of the Services and any associated activities, including the use of the Website and App.
    4. The Member agrees to defend and indemnify TBSC against any claims, damages, costs, liabilities and expenses and liability asserted against TBSC including without limitation any actual or threatened suit, demand or claim, to the extent that such claim arises from or relates to the Services or any associated activities, including the use of the Website and App.
    5. The TBSC Website or App may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the TBSC Website or App is the Member’s own risk. TBSC accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in third party advertisements or on any third party sites.
  1. Health and Safety
    1. TSBC will, at all times, have in place and exercise appropriate health and safety standards and policies. TBSC is committed to ensuring that the safety of the Members is its priority.
    2. However, Members acknowledge that they are responsible for their own health and safety. Carers should have their own policies and procedures in place to ensure their safety in the workplace.
  1. Client Obligations
    1. All bookings must be made directly between the Client and the Carer by use of the Website or App. All correspondence will be conducted between Members on the messaging service provided on the Website or App.
    2. The Client agrees that payment is made to TBSC directly at the time of confirmation of booking. The Client understands that, at the time of confirmation of booking, the Client’s nominated credit card is able to be charged by TBSC with the funds being held by TBSC until payment is made to the Carer after completion of the Services.
    3. The Client agrees that the number of hours will be indicated by the Client at the time of booking, and the confirmed number of hours will be submitted by the Carer once the Services have been completed. The Client will be charged in accordance with the hourly rate. If a Carer is required for more hours than initially indicated, overtime will be charged as per the hourly overtime rate.
    4. broken.
    5. Clients acknowledge and agree to their nominated credit card being pre-authorised by TBSC upon confirmation of their membership and prior to their first booking.
    6. In the event that a credit card payment fails for any reason upon the booking confirmation, the booking will be cancelled.
    7. The Client understands and agrees that Carers must be provided with an occupationally safe environment. This is the sole responsibility of the Client who will bear all risk and liability in circumstances of injury to the Carer.
    8. The Client shall have the necessary Home and Contents insurance to cover any incidences of property damage including fire damage. Under no circumstances will TBSC be liable for any damage to a Client’s property as a result of the Carer including any injury, illness or death caused by the actions of a Carer.
    9. The Client agrees that they will continue to be available from time to time while the Carer is performing the Services, so that they can be contacted in the event of an emergency.
    10. Client’s accept that a Carer may select to decline a booking. This is within the Carer’s discretion. 
  1. Restraint of Trade
    1. Members breached.
    2. Carers agree to not engage with or conduct a direct agreement with an active or previous Client outside of TBSC, in any instance.  The Carer and Client are liable to pay TBSC a one off ‘finders fee’ of $500.00 plus GST each, in any case that this clause is breached.
  1. Fees
    1. Fees are payable in New Zealand dollars and charges to a Client’s credit card at the time of booking confirmation. Under no circumstances will a Carer be confirmed or dispatched without payment being successfully received by TBSC.
    2. Once the Services have been performed, the Carer will provide TBSC with a “Completion Confirmation” to confirm that the Services have been provided and advise of the total length of time the Services were provided for the purposes of advising whether any overtime or additional fees are payable. If overtime is payable the relevant fees will be charged to the Client’s credit card in 15 minute increments, rounded up as necessary.
    3. Fees are as follows:
      1. $10 + GST daily service fee to be paid per booking;
      2. $22 + partial GST per hour a Carer is required to perform the Services for up to two children;
      3. An additional $2.50 + partial GST per hour for each third or subsequent children;
      4. An additional $2.50 + partial GST per hour for any infant children (under two years old);
      5. An additional $2.50 + partial GST per hour if the booking was made with less than 24 hours of  notice to TBSC.

(f) A 2.9% + .30 cent transaction fee will be charged per booking.

    1. The Client will be charged a minimum of three hours per job (plus the service and transaction fee) for each booking. 
    2. If a Carer is required to stay overnight, there is a flat fee of $100 plus GST for the hours of 9pm – 6am. The rate of $100 plus GST is to be paid in addition to an hourly rate for the hours the Carer works outside of the 9pm – 6am time period. Overnight rates will only apply in the case that it has been arranged before the Services commence.
    3. Overdue accounts will incur a penalty interest of 24% per annum. If referred to a collection agency additional costs will be incurred, at the Client’s cost.
    4. In the case that insurance or compensation fee’s were to occur in relation to the Carer conducting the Services, the Carer will is held responsible to cover any costs incurred – i.e. insurance excess.
    5. If the Carer is active for TBSC, or if the Carer leaves TBSC and enters into a direct agreement with a Client introduced by TBSC for child care services within 12 months of leaving TBSC, the Carer is liable to pay TBSC a one off ‘finders fee’ of $500.00.
  1. Cancellation Policy –
    *this policy is based within working hours of 8am – 6pm, should cancelations be made outside of this time frame, the cancelation terms will be begin from the next working day. 

    1. Should booking be cancelled by the Client with less than 72 hours notice of the scheduled commencement time, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable.
    2. If a booking has been made within a 72 hour period, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable if they chose to cancel. 
    3. Should booking be cancelled by the Client with less than 8 hours notice of the scheduled commencement time, the Client’s credit card will be charged for 100% of the Services booked, plus the service and transaction fee which are non-refundable.
    4. Should a booking be allocated for more than 72 hours to a Sitter from the booking date, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable.
    5. If a booking is cancelled by the Carer the Refund Policy will apply.
    6. If a Carer fails to turn up to perform the Services as agreed or cancels a booking, TBSC shall not be held responsible however will make reasonable endeavours to find another Carer to perform the Services as required with agreement by the Client.
    7. TBSC reserves the right to cancel the Services immediately should it become apparent that a Carer is being mistreated in any way or found to be working in an unsafe working environment. No refund will be provided in these circumstances.
  1. Refund Policy
    1. In the event that a confirmed Carer fails to show up for a confirmed booking to perform the Services without providing a cancellation notice, a 100% refund will be provided including the service fee.
    2. Where a Carer arrives late to perform the Services, Clients are able to be refunded for the time that the Carer was absent (rounded up to the nearest 15 minutes) or, if agreed between the Carer and Client, the Client may extend the finish time to accommodate the late arrival, in which case no refund will be provided.
    3. In the circumstance where a Client arrives home before the scheduled time, no refund will be provided for any hours less than 2 hours of the scheduled service.
    4. Where a Client arrives home before the scheduled time at the request of a Carer, a partial refund will be provided as outlined in clause 15.2 above.
    5. A refund will not be provided in circumstances of unreasonable working conditions, change of location by the Client after booking confirmation, change of job description after booking confirmation, or if TBSC believes that the Carer has been mistreated or is at risk in an unsafe working environment.
    6. The Babysitters Club’s service fee of $11.50 including GST is non-refundable at all times once a booking has been made.
  1. Privacy Policy
    1. TBSC collects your name, date of birth, phone number, residential address, email address, place of birth and license details (“Personal Data”) and may use the Personal Data for the following purposes:
      1. to provide you information about a product or service;
      2. to consider your request for a product or service;
      3. to tell you about other products or services;
      4. to assist in arrangements with other organisations (such as loyalty partners);
      5. in relation to the promotion and provision of a product or service;
      6. to perform administrative and operational tasks;
      7. as required by relevant laws, regulations, codes and external payment systems;
      8. to conduct relevant background checks.
    2. Should all of the information requested not be provided TBSC may be unable to provide you with a complete and accurate service.
    3. You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
    4. Individual profile and personal contact details are not used for any purpose other than as reasonably necessary for the services provided by the website. The services provided by this website require the disclosure of certain personal information to allow Members to effectively use the Website and App.
    5. Some personal contact details will be available for viewing by other members on the website, such as your name and suburb location. Specific residential address and mobile number will only be available to members in the event of a confirmed booking and for the purpose of performance of services.
    6. Personal contact details stored on the website such as your email address, residential address and phone number may be accessed and updated by you at any time.
    7. If you are experiencing problems when updating your contact details, you may contact TBSC directly for personal details to be updated.
    8. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to New Zealand Privacy Laws.
    9. Personal Data will be disclosed to other Members in accordance with the Terms and Conditions.
    10. For Carers, TBSC is required to disclose name, Police Check application/reference number with the related Government Agency and address, bank account and identity document with the payment provider.
    11. It may be necessary from time to time to disclose personal information to comply with obligations as required by law. 
    12. TBSC does not and will not sell or deal in personal or customer information. Personal Data will not be disclosed to a third party unless as outlined in the terms and conditions. TBSC may, however, use in a general sense without any reference to your name, personal information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
    13. TBSC uses Amazon Web Services (United States) to store Personal Data. All access is authenticated and access methods are encrypted. The servers used are protected with firewalls.
    14. If TBSC receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.