Terms and Conditions for
A) TSU Media Plan UG haftungsbeschränkt operates and manages the Babysitter online booking portal www.withourbaby.com (hereafter the "Website"). On this Website, users (hereafter "Parents") can book service providers for childcare services ("Services" or "Childcare" or "Babysitting"). Service providers are independent contractors who act on self employed basis.
Withourbaby.com does not provide childcare itself and only provides appointments between parents and caregivers. For the placement of the various childcare offers, withourbaby.com receives a commission from the Parents.
Parents submit booking requests for childcare appointments with experienced childcare providers (hereafter "Babysitter") by submitting a booking request for a Babysitter in the database. When the chosen Babysitter accepts the booking request, the booking is confirmed.
1) USE OF THE WEBSITE
Use of the website and the services of withourbaby.com, is subject to the terms and conditions outlined in this agreement. ("The Terms")
2) BOOKING PROCESS:
2.1 To make a booking, you can either book through the booking system of the website to request a booking, or you can contact us by email or telephone to request a booking.
2.2 If you are booking through our online booking system, you can chose a preferred babysitter and his/her availability will be checked. When the Babysitter confirms his/her availability, your booking is confirmed and payment has to be affected. Clients will then receive a booking confirmation.
Babysitters can be selected on the website according to their profile, outlook, location, recommendation or anything which can be chosen by the client.
2.3 If the requested booking cannot be facilitated, withourbaby.com will arrange an alternative time or Babysitter only in accordance with you and upon our approval.
2.4 You are not permitted to engage the Babysitter other than through the facilitation of withourbaby.com, either by our website booking system or by contacting us via email, telephone or contact form.
2.5 Withourbaby.com has the right at any time to add, change or withdraw functions available on the website at its own discretion.
3. CANCELLATION OR RESCHEDULING OF BOOKINGS
3.1) Parents can choose a Babysitter according to the profiles on our website. When the babysitter is booked and confirmed once, the booking can be canceled or rescheduled up to 48 hours before the start of the service without any penalty. From 48h to 24h the booking can be canceled and the half amount of the booking is billed by withourbaby.com. After 24h of the booking or without notice, the full amount of the first day of babysitting has to be paid by the parent.
3.2 During the childcare service, bookings cannot be canceled, amended or rescheduled.
4.1 You agree, that at the time of your booking, your payment details will be transferred to the withourbaby.com`s secure payment gateway. Your payment is due upon booking the childcare service.
4.2 Withourbaby.com will issue an invoice for the service provided by the service provider in childcare.
5. BABYSITTER SERVICE
5.1 Withourbaby.com is providing the best possible effort to monitor the Babysitter service provided by the Babysitters.
Withourbaby.com is checking the Babysitters, in terms of skills and background and appropriateness to work as Babysitter. Furthermore, withourbaby.com monitors the service skills of the first one or more childcare appointments as test or prove of the quality of the childcare work of the service providers.
Withourbaby.com issues guidelines according to which standard of skills, childcare and safety the childcare providers have to act during to the childcare service.
5.2 Babysitters have to act strict to the safety standards of withourbaby.com.
5.3 However, any issues regarding safety, quality, condition and or description should be notified to withourbaby.com who then will pass the issue on to the Babysitter in question.
However, withourbaby.com is not responsible or in any way to hold liable of the skills and work performance of the independent Babysitters. Withourbaby.com is solely the agency which provides appointments with the childcare provider.
6) INDEMNITY AND LIABILITY
6.1 Babysitting Services Liability
To the extend permitted by law, withourbaby.com will not be responsible and will be excluded from all liability for any loss or damage whatsoever (including personal injury, loss of life and damage to property)that you or any other person will suffer from in connection with the offer or supply of Babysitter services.
6.2 Information Accuracy
You acknowledge and agree that some of the Site Content will be provided by third party information (Babysitter profiles) and way of blogs and comments by users (Ratings)and that withourbaby.com does not hold any liability of the accuracy of such information exhibited on the website.
The Site Content is provided as General information only.
The use of this website is at our own risk.
8) OVERTAKING A BABYSITTER OF withourbaby.com
When parents want to overtake a Babysitter who they have booked before with withourbaby.com and want to hire him/her on a regular basis without booking through withourbaby.com, then it is the matter of overtaking of the babysitter in question. Overtaking of a Babysitter is subject to a one time payment of 500 € for every Babysitter who can then be overtaken as Babysitter by the client.
Per consequence, the client can hire the Babysitter subject to this agreement as often and as long as the client wishes without booking with withourbaby.com and therefore without paying a commission.
9) BREACH OF CONTRACT: HIRING OF A BABYSITTER without withourbaby.com
Should the parent hire the Babysitter without using the booking of withourbaby.com in any way like the website booking system, booking by email, by phone ore any other of withourbaby.com, then is action is considered as a breach of contract and is subject to a penality payment of 1200,- Euro.
You agree that withourbaby.com will disclose your personal information, including your name, your address and phone number to the service providers in order to be able to effect the Babysitting service.
Furthermore, Babysitters agree, that we may use the information provided to us on the Babysitter profiles for online Marketing in different channels, like Facebook, Twitter, Instagram, but also other local forums in order to exploit maximum possibilities of online exhibition.
11) INTELLECTUAL PROPERTY
The site content is subject to copyright and withourbaby.com and TSU Media Plan UG haftungsbeschränkt reserves all Intellectual Property Rights which may subsist in the Site Content, Business Model and/or the Website.
Withourbaby.com will use all reasonable endeavours to mediate any disputes concerning the use of the website and services of withourbaby.com.