Terms and Conditions of Use
1. Acceptance of Terms
1.1 Your access to and use of SwapBabysitting ("the Website")
and the Services outlined in Clause 2, are subject exclusively to these Terms and
Conditions. You will not use the Website/Services for any purpose that is unlawful
or prohibited by these Terms and Conditions. By using the Website/Services you are
fully accepting the terms, conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions you must immediately stop using
the Website/Services.
1.2SwapBabysitting reserves the right to update or
amend these Terms and Conditions at any time and your continued use of the Website/Services
following any changes shall be deemed to be your acceptance of such change. It is
therefore your responsibility to check the Terms and Conditions regularly for any
changes.
2. The Services
The Website is a communications platform for enabling parents to trade childcare
services with each other. The Website aims to:
- Facilitate the mutual trading of childcare between parents
- Make it easy to find and arrange babysitting services
- Provide a trading platform (the exchange of credits) to balance the amount of childcare
provided and received.
Parents / guardians have sole responsibility for their own childcare arrangements,
and are encouraged by SwapBabysitting to take all reasonable precautions to ensure
the suitability and safety of these arrangements.
However, users of the service do hereby represent, understand and expressly agree
that SwapBabysitting does not have control over the quality, timing, integrity,
responsibility, legality or any other aspect whatsoever of the services actually
delivered by users of the service to other users.
All users including both parent and sitter do hereby expressly agree not to hold
SwapBabysitting (or SwapBabysitting's agents, representatives, advertisers
or employees) liable for any instruction, advice or services delivered which originated
through the Web Site and SwapBabysitting expressly disclaims any liability whatsoever
for any damage, suits, claims, and/or controversies that have arisen or may arise,
whether known or unknown therefrom.
3. User Accounts, Passwords and Security
3.1 To use the Service you will be required to complete
the registration process to create a Family Account by providing certain information
and registering a username and password for use with the Services. Up to two username
and passwords combinations (Parent Accounts) may be supplied for each Family Account.
You are responsible for maintaining the confidentiality of the username and password
and also for all activities that take place under your Family Account. You agree
to immediately notify SwapBabysitting of any unauthorised use of your password or
account or any other breach of security. In no event will SwapBabysitting be liable
for any indirect or consequential loss or damage whatsoever resulting from the disclosure
of your username and/or password. You may not use another person’s account at any
time, without the express permission of the account holder.
3.2 You may only open one Family Account for each family
unit. Each Family Account may contain up to two Parent accounts so that parents
may share use of this account between two different email addresses with individual
passwords. If you register more than one Family Account SwapBabysitting reserves
the right to terminate your use of the system and to remove all credits from all
your accounts.
3.3 You may not use account names that are offensive, libellous,
or that attempt to masquerade as another user.
3.4 You agree that if asked to do so by SwapBabysitting
or any of its staff that you will identify yourself and provide a contact telephone
number on which you can be reached. If you do not comply with such a request SwapBabysitting
reserves the right to close your account.
4. Acceptable Use
4.1 You acknowledge that all information on the web site
posted by users ("the Content"), whether posted publicly or transmitted privately,
is the sole responsibility of the person from whom such Content originated. SwapBabysitting
does not control or endorse the Content and cannot guarantee the accuracy, integrity
or quality of such Content. SwapBabysitting will not be liable in any way for any
Content or for any loss or damage of any kind resulting from the use of any Content
transmitted via the Services and you agree to bear all risks associated with the
use of any Content, including any reliance on the accuracy or completeness of such
Content.
4.2 In using the Website/Services you agree not to:
4.2.1 use the Services to arrange childcare services under
an alternative commercial arrangement, private or professional;
4.2.2 sell or trade credits for goods, services or favours
other than childcare services arranged through the Website;
4.2.3 use the Services to send junk email, spam, chain
letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
4.2.4 post, publish, distribute or disseminate material
or information that is defamatory, disrespectful, infringing, obscene,
indecent, threatening, abusive, harassing or unlawful;
4.2.5 threaten, abuse, disrupt, stalk or otherwise violate
the legal rights (including rights of privacy and publicity) of others;
4.2.6 use any information or material in any manner that
infringes any copyright, trademark, patent or other proprietary right of any party;
4.2.7 collect or store personal information about others;
4.2.8 impersonate any person or entity for the purpose
of misleading others;
4.2.9 violate any applicable laws or regulations;
4.2.10 use the Website/Services in any manner that could
damage, disable, overburden or impair the Website/Services or interfere with any
other party’s use and enjoyment of the Website/Services;
4.2.11 attempt to gain unauthorised access to any of the
Services, other accounts, computer systems or networks connected to the Website/Services
through hacking, password mining or any other means.
4.3 SwapBabysitting has no obligation to monitor the Services
but shall be entitled to review materials posted to a communications facility and,
at its sole discretion, to remove any material that breaches these Terms and Conditions
or is otherwise objectionable. You agree that SwapBabysitting’s decisions with regard
to the alteration or deletion of content are final and non-negotiable.
5. Termination
SwapBabysitting has the right to terminate your access to any or all of the Services
at any time, without notice, for any reason, including without limitation, breach
of these Terms and Conditions. SwapBabysitting may also at any time, at its sole
discretion, discontinue the Website/Services or any part thereof without prior notice
and you agree that SwapBabysitting shall not be liable to you or any third party
for any termination of your access to the Website/Services.
6. Links to third party web sites
The Website/Services may include links to third party web sites that are controlled
and maintained by others. Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that SwapBabysitting is not responsible for
the content or availability of any such sites.
7. International Use
You agree to comply with all applicable laws regarding the transmission of technical
data exported from the United Kingdom or the country in which you reside (if different)
and with all local laws and rules regarding acceptable use of and conduct on the
Internet.
8. Intellectual Property Rights
8.1 The Website and its content (including without limitation
the Website design, text, graphics and all software and source codes connected with
the Website and the Services) are protected by copyright, trade marks, patents and
other intellectual property rights and laws. In accessing the Website you agree
that you will access the contents solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced, transmitted, stored,
sold or distributed without the prior written consent of the copyright holder. This
excludes the downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
8.2 SwapBabysitting does not claim ownership of any materials
you post, upload or submit to any protected or publicly accessible area of the Services.
However, by doing so you are granting SwapBabysitting a world-wide, royalty free,
non-exclusive licence to copy, distribute, transmit, reproduce, publicly display,
edit, translate or publish such content.
9. Indemnity
You agree to indemnify and hold SwapBabysitting and its employees and agents harmless
from and against any breach by you of these Terms and Conditions and any claim or
demand brought against SwapBabysitting by any third party arising out of your use
of the Services and/or any Content submitted, posted or transmitted through the
Services, including without limitation, all claims, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs and expenses)
howsoever suffered or incurred by SwapBabysitting in consequence of your breach
of these Terms and Conditions.
10. Disclaimers and limitation of liability
10.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether express
or implied, including but not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security
and accuracy.
10.2 To the extent permitted by law, SwapBabysitting will
not be liable for any indirect or consequential loss or damage whatsoever (including
without limitation loss of business, opportunity, data, profits) arising out of
or in connection with the use of the Website/Services.
10.3 SwapBabysitting makes no warranty that the Website/Services
will meet your requirements, that the Content will be accurate or reliable, that
the functionality of the Website/Services will be uninterrupted or error free, that
defects will be corrected or that the Website/Services or the server that makes
them available are free of viruses or anything else that may be harmful or destructive.
10.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of SwapBabysitting for death or personal
injury as a result of the negligence of SwapBabysitting or that of its employees
or agents.
10.5 Nothing in these Terms and Conditions shall affect
your statutory rights as a consumer.
11. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be binding and enforceable.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with
the law of England and you hereby submit to the exclusive jurisdiction of the English
courts.
SwapBabysitting is a trading name of SwapBabysitting Ltd. Registered as a company in England and Wales. Company number 6141664
Registered Company Address: The Old Bank, 205-207 High St, Cottenham, Cambridge, CB24 8RX.