TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern your use of the Marvellous Babysitting website and marketplace available at https://www.marvellousbabysitting.com (“Website”) and Marvellous Babysitting mobile application (“App”) (Website and App collectively referred to as “Platform”) and any other services made available through the Platform. By using the Platform, you agree to be bound by the Terms which form a binding contractual agreement between you (“you”, “your” or “User”) and us, Marvellous Babysitting Ltd (Company number 13082549) (“we”, “us” or “Company”) operating under the business name Marvellous Babysitting.
These Terms are divided into three parts:
• Part 1 (All Users), which sets out terms that apply to all Users;
• Part 2 (Nannies), which sets out additional terms that apply to “Nannies”, being nannies, and other child care professionals; and
• Part 3 (Parents), which sets out additional terms that apply to “Parents”, being parents, legal guardians, families and caregivers.
If you intend to use the Platform as a Nanny, only Parts 1 and 2 of these Terms will apply to you.
If you intend to use the Platform as a Parent, only Parts 1 and 3 of these Terms will apply to you.
When we talk about the "Services" in this agreement, we are referring to the listing and connection services for Nannies and Parents available through our website and mobile application and any associated services we offer.
PART 1: ALL USERS
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for personal use.
(b) Please do not access the Platform if you have previously been suspended or prohibited from using the Platform.
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (“Account”).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your first and last name, your email address, your preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Marvellous Babysitting from time to time.
(c) You warrant that any information you give to Marvellous Babysitting in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Initial correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(e) If you are a Nanny, we will review your request for an Account before approving the request. We may request additional information, including details of your drivers' licence and conduct a background check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with in Account, we may refuse to provide you with an Account, in our sole discretion.
(f) Once you complete the Account registration process, Marvellous Babysitting may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(g) Marvellous Babysitting reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h) Marvellous Babysitting may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. Profiles and Service Listings
(a) After you create an Account, you may create a profile or a listing to set out as much information as possible for the services you are offering as Nanny, or the services you require as a Parent (“Service Listing”).
You acknowledge and agree that:
(b) you must use your best endeavours to provide as much information as possible in any Service Listing;
(c) you must only make a Service Listing for your own children that are listed in your profile;
(d) a Nanny and/or Marvellous Babysitting reserves the right to cancel a Service Listing if information that could impact the welfare of a Nanny or child, is not provided;
(e) Marvellous Babysitting may choose not to accept any Service Listing you submit to the Platform, and Marvellous Babysitting may limit the number of Service Listings you can submit on the Platform;
(f) you must deal with any disputes with another User in accordance with clause 14(a);
(g) any additional terms and conditions relating to a Service Listing are solely between Users and do not involve Marvellous Babysitting in any way, except that they must not be inconsistent with your obligations under this agreement; and
(h) Marvellous Babysitting will have no responsibility for the accuracy, reliability or timeliness of the content provided by a User responding to a Service Listing.
As a Nanny:
(i) you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Parent, including by not cancelling any part of such a Service Listing.
4. Binding Contract
You acknowledge and agree that:
(a) if you respond to a Service Listing, that will constitute your offer and intention to enter into a contract with that User (the Nanny or the Parent, as applicable). A contract is formed in this respect when you respond to an email or message on the Platform confirming that you accept either the Nanny’s or the Parent's offer; and
(b) any terms and conditions relating to services or a quote provided via the Platform are solely between Users and do not involve Marvellous Babysitting in any way, except that they must not be inconsistent with your obligations under this agreement.
(a) Using the Platform and creating an Account is free.
(b) Once you sign up, you will be able to access some features of our Services for free like viewing and posting Service Listings.
(c) You may make a booking on the Marvellous Babysitting mobile application by paying the fees (“Fees”). These Fees may be paid via the Platform or through a third party payment service provider linked to the Platform.
(a) Unless otherwise agreed in writing with us, you must pay for all Services prior to receiving any Services.
(b) Marvellous Babysitting reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(c) Marvellous Babysitting will charge your card on file (the card used for any previous app payments) to automatically confirm a booking when a nanny accepts your Express and/or Rebooking Requests. You must contact Marvellous Babysitting via email (firstname.lastname@example.org) to request your card on file be removed for Express Request bookings.
(e) You agree to release Marvellous Babysitting and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
(a) We ensure that all Nannies on the Platform are current or former students of Norland College, Norland College Limited, incorporated and registered in England and Wales with company number 00193170 and whose registered office is at York Villa, York Place, London Road, Bath, BA1 6AE (“Norland College”). Students of Norland College undergo background checks (including Disclosure and Barring Service (DBS) checks), extensive child care training and mandatory child care work experience. We make no guarantees other than the fact that the Nannies on the Platform are current or former students of Norland College.
(b) We may require Nannies to provide information that allows us to verify their identity and qualifications (including providing details of certificates, diplomas, driver licence, Disclosure and Barring Service (DBS) checks, first aid and other required licences, clearances and registrations) (“Verification”). We reserve the right to carry on checks on Parents, if needed.
(c) You acknowledge and agree that:
(i) Verification is an internal process and we do not share any documents or information provided as part of the Verification process, except with Norland College and other third parties for the purpose of assisting with Verification;
(ii) we are reliant on the information provided by the Nanny to verify the Nanny’s qualifications and identity and to the extent permitted by law, we disclaim all warranties that Verification will be accurate or guarantee that Verification will ensure you contract with a suitable User;
(iii) you should make your own inquiries as to other Users’ identities, qualifications, licences and clearances before engaging in contracts with those Users; and
(iv) we do not endorse any User or Service Listing or Verification.
(d) Sub-clauses 7(b) and (c) above explain the extent of the checks that we make in relation to Nannies. We do not carry out further verification of Nannies or their profiles; we have no obligation to do so; and make no representations that we do so. You should make your own assessment of the Users you decide to interact with through the Platform. Marvellous Babysitting accepts no responsibility for the accuracy or completeness of any profile on the Platform. We do not accept responsibility for the accuracy or completeness of any of the checks made in Sub-clauses 7(b) nor the validity of Nanny profile information outlined in these clauses.
8. User Obligations
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Marvellous Babysitting of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including:
(i) you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Marvellous Babysitting;
(d) not to act in any way that may harm the reputation of Marvellous Babysitting or associated or interested parties or do anything at all contrary to the interests of Marvellous Babysitting or the Platform;
(e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Marvellous Babysitting;
(f) that Marvellous Babysitting may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform by Marvellous Babysitting or another User including a Nanny, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Marvellous Babysitting may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 8.
9. Posted Materials
By providing or posting any information, materials or other content on the Platform (“Posted Material”), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
(a) In consideration for using the Services on the Platform, you grant to Marvellous Babysitting a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Marvellous Babysitting to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain any moral rights in any Posted Material, you forever release Marvellous Babysitting from any and all claims that you could assert against Marvellous Babysitting by virtue of any such moral rights.
(c) You agree to indemnify Marvellous Babysitting against all damages, losses, costs and expenses incurred by Marvellous Babysitting arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
(a) Marvellous Babysitting acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen the Posted Material in advance of it being posted. However, Marvellous Babysitting may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of the Posted Material.
10. Refunds, Service Interruptions and Cancellations
(a) Refunds and cancellations for Service Listings are a matter between the Users. Marvellous Babysitting accepts no responsibility or liability for the Users cancelling any services.
(b) Users must ensure that any cancellation policy and refund policy in relation to Service Listings is in compliance with all applicable laws.
Except to the extent as provided in this agreement, Marvellous Babysitting will have no liability or obligation to you if:
(c) a Parent or Nanny cancels at any time after the time for performance of the Service Listing is agreed; or
(d) for whatever reason, including technical faults, the Services cannot be performed or completed, and you will not be entitled to any compensation from Marvellous Babysitting.
11. Service Limitations
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Marvellous Babysitting cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
12. Intellectual Property
(a) Marvellous Babysitting retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“Service Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of browsing the Platform, listing a service or using the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Marvellous Babysitting or as permitted by law.
(c) In this agreement, "Intellectual Property Rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.
13. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (“Third Party Content”). Marvellous Babysitting accepts no responsibility for the Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of the Third Party Content.
14. Disputes Between Users
(a) You should direct any complaint relating to a User to that User. Users must take all reasonable steps to resolve any dispute between themselves.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Marvellous Babysitting via email@example.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it. Marvellous Babysitting may attempt to help resolve such a dispute but we are not obliged to take any action toward resolving the dispute, nor are we responsible for the outcome of any dispute.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Marvellous Babysitting has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) Marvellous Babysitting reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Marvellous Babysitting, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 14, you or Marvellous Babysitting may at any time cancel your Account or discontinue your use of the Platform.
Marvellous Babysitting does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) Marvellous Babysitting is a medium that facilitates the introduction of Parents and Nannies for the purposes of childcare. Marvellous Babysitting simply charges Fees in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between Parents and Nannies in relation to such services or otherwise resulting from the introduction.
(b) Marvellous Babysitting is not an employment or recruitment agency. As stated above, Marvellous Babysitting is simply a platform that facilitates the introduction of Parents and Nannies. Marvellous Babysitting is not a party to any contract between Parents and Nannies and will not be liable for any issues or services or otherwise, than simply the introduction.
(c) To the maximum extent permitted by applicable law, Marvellous Babysitting excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any Services provided by any Nanny. This includes the transmission of any computer virus.
(d) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(e) You agree to indemnify Marvellous Babysitting and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
(i) breach of any term of this agreement;
(ii) use of the Platform;
(iii) your provision to, or receipt of the Services from another User;
(iv) your infringement of Intellectual Property Rights;
(v) your failure to provide accurate, up to date information; or
(vi) your interactions with other users of the Platform.
(f) To the maximum extent permitted by law, under no circumstances will Marvellous Babysitting be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any Services provided by any Nanny (except to the extent this liability cannot be excluded under applicable law).
(g) Subject to sub-clauses 16(c), (d) and (f), our liability to you in relation to any and all events under these Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the total amount of the sums you have paid or received (as applicable) through the Platform, as the case may be.
You agree that:
(a) no information owned by Marvellous Babysitting, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Nanny are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
(c) users must only use the information provided for the Service Listing when there is an upcoming Service Listing on the Platform. The Parent must not contact a Nanny when there is no longer an upcoming Service Listing.
18. Collection Notice and Privacy
(a) Marvellous Babysitting reserves the right to terminate a User's access to any or all of the Platform (including any listings and memberships) at any time by giving no prior notice, for any reason.
(b) In the event that a User's membership is terminated:
(i) the User's access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of all other Nannies (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their membership on Marvellous Babysitting at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Marvellous Babysitting will affect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the Services you provide or receive or any transactions through your use of the Platform. Marvellous Babysitting will not be held accountable or liable in relation to any transactions between Parents and Nannies where tax related misconduct has occurred.
21. Record / Audit
To the extent permitted by law, Marvellous Babysitting reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Marvellous Babysitting.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement (to: firstname.lastname@example.org). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
23. Licence for App
(a) Marvellous Babysitting licenses use of the Platform to you on the basis of these Terms and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (“App Store Rules”). Marvellous Babysitting remains the owner of the App at all times.
(b) Marvellous Babysitting may revise these Terms at any time by updating this agreement. You should check the App from time to time to review the current Terms.
(c) From time to time, updates to the App may be issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
(d) You warrant that you are the legal owner of the device to which you have downloaded the App, or that you have obtained permission from the legal owner of that device to download the App. You accept responsibility in accordance with these Terms for the use of the App on any device, whether or not that device is owned by you.
(e) By using the App, you consent to us collecting and using technical information, and data, about the devices used to access the App and any related software to improve our products and to provide any Services to you.
(f) When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us immediately and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
(g) You are prohibited from posting or transmitting to or from the App any material:
(i) that is in breach of privacy or which may cause annoyance or inconvenience to any one;
(ii) contains photographs or images of a child, unless you are that child’s Parent;
(iii) contains or discloses another person’s personal information without his or her written consent; or
(iv) collects or solicits another person’s personal information for commercial or unlawful purposes.
(h) Marvellous Babysitting shall be entitled to remove any material from the App which is posted or transmitted to the App in contravention of these Terms or for any other reason.
24.1 Governing Law and Jurisdiction
This agreement is governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with this agreement.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.4 Joint and Several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
24.6 Entire Agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(g) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(h) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(i) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
PART 2: NANNIES
1. Eligibility and Verification
(a) In order to be eligible to engage with the Platform you must either be a student who is currently enrolled at Norland College or you must have completed your BA (Hons) Early Years Development and Learning at Norland College. If you have/had left Norland College without completing your training or if you have had your Norlander status revoked by Norland College, you are not be eligible and permitted to use the App.
(b) You must at all times maintain a right to work in the United Kingdom and a current Disclosure and Baring Service (DBS) check. You will provide and make available all licences, clearances and qualifications required by us including those required for Verification. Marvellous Babysitting is under no obligation to confirm the status of your eligibility to work with people under 18 years old or any other employment qualification, licence or clearance required. You indemnify Marvellous Babysitting against any claim that may arise in connection with your eligibility to work with people under 18 years old and any other claim in relation to your providing services listed on our Platform.
(i) you consent to us receiving and using this information to enable us to carry out Verification and approve your Account;
(ii) we may contact you to request additional information; and
(iii) if you do not provide all the information, we require we may suspend or cancel your Account.
(d) If we have any concerns regarding your ability to act as a nanny or any issues, complains or concerns regarding your conduct or professionalism, then we reserve our right to inform Norland College about such issues and concerns at any time.
(e) If you have any concerns regarding a Parent, then you should first reach out to us.
(a) You agree that while you are a Nanny on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended, removed or cancelled, you will not, except through the Platform, either directly or indirectly, solicit or entice or attempt to solicit or entice any business, work, income or other benefit, from any Parent whom you came to know about, or whom you provided Services to, through the Platform. This provision will apply whether or not the Parent or their representative is still active on the Platform.
(b) Failure to adhere to this clause is a violation of these Terms and you will be removed from the Platform and this will also risk your standing with Norland College.
(c) Marvellous Babysitting may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 2.
(d) By signing up on the Platform, you agree and acknowledge the adequacy of consideration for the enforcement of your obligations under this clause.
(a) You can cancel a booking at any time, for good reason, without incurring any penalty, however, you are discouraged from cancelling unless it is extremely necessary. If you cancel a booking without a good reason or if you cancel bookings more than two times consecutively, then we reserve the right to suspend or remove you from the Platform. If Marvellous Babysitting decides to investigate your cancellation, you must provide assistance and information to Marvellous Babysitting.
By listing yourself as a Nanny on the Platform and posting a Service Listing, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Service Listing;
(b) you have a valid and up-to-date DBS check and a 12 hour Paediatric First Aid training;
(c) you will abide by and adhere to the Norland Code of Professional Responsibilities, which can be found here;
(d) you will provide the relevant services to Parents;
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws; and
(e) in performing the relevant services, you have not been involved in the commission of any offences, or have not been previously convicted of any summary, indictable or either way offence, and have no current legal, criminal, civil or administrative proceedings against Marvellous Babysitting.
5. Insurance and Tax
You should make sure that you have adequate public liability insurance and professional indemnity insurance that will cover you for any work that you may find through the Platform. Marvellous Babysitting does not carry out any checks on any insurance that you may be required to procure.
You are solely responsible for complying with the legal obligations in respect of your tax, national insurance and/or similar contributions payable in respect of the payments made to you. We do not make any checks regarding your employment and tax status.
PART 3: PARENTS
1. Eligibility and Verification
(a) We will do our best to check Nannies through our Verification process but we do not guarantee the accuracy or verify all information provided by Nannies. It is your responsibility to conduct your own checks and references as required and to confirm that the Nanny can legally work in the United Kingdom.
(b) We reserve the right to carry on checks on you, if needed.
(c) You agree and warrant that neither you nor any member of your household have ever been convicted of any criminal offence or any offence involving moral turpitude.
(d) You agree to treat the Nannies courteously and lawfully and to provide a safe and appropriate environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.
(a) You agree that while you are a Parent on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended, removed or cancelled, you will not, except through the Platform, either directly or indirectly, solicit or entice or attempt to solicit or entice any business, work, income or other benefit, from any Nanny whom you came to know about, or who provided Services to you, through the Platform. This provision will apply whether or not the Nanny is still active on the Platform.
(b) Failure to adhere to this clause is a violation of these Terms and you will be removed from the Platform and this will also risk the Nanny’s standing with Norland College.
(c) Marvellous Babysitting may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 2.
3. Cancellations, Early Winding Up and Overtime
(a) Marvellous Babysitting will refund you the Fees in full if a Nanny cancels a job any time after you have accepted it.
(b) You can cancel a booking more than 12 hours before the babysitting start time by contacting the Nanny and then cancelling the booking on the app to receive the entire Fees refunded to you. If you cancel a booking within 12 hours of the babysitting start time, then you will be charged the entire Fee and you will not be entitled to any refund. If Marvellous Babysitting decides to investigate your cancellation, you must provide assistance and information to Marvellous Babysitting as reasonably requested.
(c) The entire Fees will be payable in the event the sitting has ended early for whatever reason and you shall not be entitled to any refunds on account of early winding up of a sitting.
(d) In the event the booking or sitting is extended by approved ‘Booking Extension Request’ or if the Nanny is required to sit for additional hours in the form of overtime, then payment will be automatically deducted for such additional hours.
(e) In the event the Nanny does not agree to the extension of a booking or sitting, it is the Parent's responsibility to be back as soon as they reasonably can. Consistent failure to arrive back at the agreed booking end time, may result in removal from the Platform.
4. Independence of Nannies
You acknowledge and agree that:
(a) the Platform provides links and introductions to Nannies that are independent and are not under the control of Marvellous Babysitting;
(b) the provision by Marvellous Babysitting of introductions to Nannies does not imply any endorsement or recommendation by Marvellous Babysitting of any Nanny;
(c) Marvellous Babysitting does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Nanny who uses or is listed on the Platform; and
(d) any terms and conditions relating to a service, Service Listing or quote provided via the Platform constitute a contract between you and the Nanny and do not involve Marvellous Babysitting in any way.
You should make sure that you have adequate employer’s liability insurance or other insurance that will cover you for hiring a Nanny through the Platform. Marvellous Babysitting does not carry out any checks on any insurance that you may be required to procure.