Terms of Service

These Terms of Service apply to the use of the Service as described below. We advise you to carefully read these Terms of Service so that you are aware of your rights and obligations when making use of the services of Sitly.

Article 1 Definitions

1.1 In these Terms of Service, the following terms are used with an initial capital letter, both in the singular and in the plural. These terms have the following meaning:

Sitly: 2Care4Kids Group B.V., also trading under the name Sitly, registered address (1017BZ) Amsterdam, Singel 542, and registered with the Chamber of Commerce under registration number 56028458, VAT number: NL851948844B01.

Content: all information made accessible by Users via the Website including, but not limited to, Profiles of users.

Databank: data collected by Sitly including Profiles and other Content.

Service: the service offered by Sitly to the User, as described in art. 3.

User: person who has created a Profile and who makes use of the Service. This includes both parents and childminders/babysitters.

Terms of Service: these terms of service.

Login Details: the username and password of the User, with which he/she obtains access to the Profile and can make use of the Service.

Intellectual Property Rights: all rights to intellectual property and associated rights, such as copyright, trademark rights, database rights, trade name rights and associated rights, as well as rights to know-how and performances on a par with such rights (similar performances, performances comparable to a patented invention).

Party: a party (the User and/or Sitly) to these Terms of Service.

Privacy Statement: the Sitly privacy statement, available on the website.

Profile: a description written by the User and placed by the User on the Website with a description of him/herself, including forename, gender, date of birth, location, and optionally a photo.

Website: the Sitly website and all subpages.

Article 2 General

2.1 Sitly retains the right at all times to change and/or add to these Terms of Service. The most current Terms of Service can be found on the Website, or will be brought to your attention whilst making use of the Service. Should you continue using the Service after an alteration/addition to these Terms of Service, you accept the revised and/or extended Terms of Service irrevocably. If you do not accept the revised and/or extended Terms of Service, the only possibility that remains is to cease use of the Service and to delete your Profile.

Article 3 The Service

3.1 The Service offers you the possibility to create a Profile, which can be seen by other Users and visitors to the website. The objective of the Service is to bring together, via the Website, private individuals who seek temporary childcare from another private individual or a professional person with private individuals or professional persons who are willing to offer childcare services to private individuals. Users can form, on the basis of the Profile, an opinion about the characteristics and qualities of other Users.

3.2 The Service consists of offering access to the Database of parents, babysitters, and childminders, who in exchange for payment may be approached via the Website with the objective of organising childcare together. On the Website, further conditions may be imposed under which the User may make use of the Service. These conditions concern, alongside other matters, the manner in which Profiles may be created and placed.

Article 4 Access to the Service and availability

4.1 In order to make use of the Service, you must create a Profile in the manner described on the Website. It is expressly forbidden to create a profile with the name of another person. During registration, you must supply Login Details, with which you may obtain access to your Profile.

4.2 You are personally responsible for ensuring that your Login Details remain secret. It is not permitted to pass your Login Details to third parties. You are responsible for all use made of the Service via your Login Details. Sitly will assume that you are indeed the person making use of your Login Details. If you know or have reason to believe that your Login Details are in the hands of unauthorised persons, you must inform Sitly immediately, notwithstanding your own obligation to undertake appropriate measures yourself, such as changing your Login Details. Sitly is not responsible for any loss or damage caused by unauthorised access to or use of the Website and/or Service by third parties.

4.3 Sitly retains the right at all times, without notice and without being liable in any way to you to, (i) make procedural or technical changes and/or improvements to the Website and/or Service and (ii) to remove or to block or to restrict access to the Service or your Profile (temporarily or permanently).

4.4 Sitly is in no way whatsoever responsible for or liable to you for any loss or damage that results from the (temporary) unavailability or inaccessibility of the Website and/or Service.

4.5 Sitly offers no guarantees, commitments, or indemnities with regard to the quality, security, legitimacy, integrity, or correctness of the Website and the Service, unless otherwise stated in these Terms of Service.

4.6 You are personally responsible for the purchase and/or correct functioning of the infrastructure and reliable telecommunications facilities (including Internet connection) necessary for the use of the Service.

Article 5 Usage of the Service

5.1 Sitly has no knowledge of and/or involvement with the Content. Sitly is not a mediation service. The purpose of the Service is solely to bring together demand and supply in the field of childcare and babysitting. Sitly does not monitor the quality or characteristics of Users. Sitly therefore accepts no responsibility for the quality or characteristics of Users and is not liable for any loss or damage caused by placed advertisements or selected candidates.

5.2 You are required to make a selection yourself, to enter into discussions with candidates, and to make (financial) agreements on the basis of your own wishes and criteria. The selection of and the decision to trust the care of your child(ren) to a User, or to carry out childcare work for a parent, lies entirely with you. Sitly has emphatically no involvement with any contact made between Users as a result of using the Service or with any arrangements and/or agreements that result from this contact. Should you be dissatisfied or should you have a complaint about a User, you can report this via an email to info@sitly.ch.

5.3 You are yourself wholly responsible for all actions that you carry out with the help of the Website and/or Service.

5.4 Users and Visitors are not permitted:
a. to make use of any tools other than those approved by Sitly to search the Website or Database, to make use of data mining, robots, or other means of collecting data, or to use any software and/or hardware tools and/or solutions (under own management or made available by others) in order to gain access to information made available via the Databank, or to spider, scrape, search, or in any other improper way make use of and/or view the Database.

b. to collect details of other Users via the Service for purposes other than those named in these Terms of Service without the explicit prior written permission of Sitly.

c. to duplicate, make public, resell, use for commercial purposes, or in any other way make available to third parties any Content obtained via the Service.

d. to engage third parties to carry out any of the actions named in this article.

Article 6 Content

6.1 You recognise and agree that the Profile and/or other Content that you make available via the Service may be used by other Users. You recognise that Sitly has no influence on compliance with these Terms of Service by other Users and/or third parties.

6.2 It is forbidden to place Content:

a. that is discriminatory with regards to appearance, race, religion, gender, culture, descent, or that can in any way be interpreted as injurious or inappropriate, in the opinion of Sitly.

b. that incites violence against and/or harassment of another or others, or which leads to or is the result of the exploitation or abuse of others, or which constitutes illegal activity, or which furthers illegal activities.

c. that in the opinion of Sitly is contrary to good manners or good taste, or is violent in nature.

d. in which the personal details of minors is requested, in which the personal details of others are made available, or in which your personal contact details are included.

e. that contains viruses, Trojan horses, worms, bots, or other programs that could cause damage to an automated system, or which could lead to such a system becoming unusable or inaccessible, or which could erase or grant ownership of such a system, or that are intended to circumvent the technical security measures of the Website and/or the computer systems of Sitly.

f. that is based upon falsehoods and/or is misleading, or that consists of taking on a false identity, and/or incorrectly suggests that the User is connected with Sitly.

g. that involves chain letters, junk mail or spamming and/or whereby passwords or other details which can be traced to individuals are requested for commercial or illegal purposes.

h. that infringes upon the rights of Sitly and/or those of third parties, under which but not limited to, Intellectual Property Rights or rights with regard to the protection of privacy.

i. that is in conflict with these Terms of Service, the Privacy Statement or with any applicable law and/or regulation, that is in any other way unlawful, or that can damage the interests or good name of Sitly.

6.3 Sitly reserves the right to shorten, alter or reject the Content, or to remove the Content from the Website should this be found to be necessary by Sitly, without you in any way being entitled to compensation and/or without liability by Sitly.

6.4 If you are of the opinion that any Content infringes upon your rights or the rights of another User or a third party, you will immediately report this to Sitly in the manner described in article 12.

Article 7 Payment

7.1 Depending upon the chosen subscription, you may make use of the Service either free or in return for payment. The price paid by you for the use of the Service is dependent upon the subscription that you choose. The subscriptions and associated prices are available on the Website. Click here for an overview of the subscriptions and prices. The subscription costs of subscriptions purchased through the Iphone app are higher, because part of the transaction costs Apple charges monthly, are passed on to the User. You can a subscription done through the iPhone app in your iTunes account. Prices are inclusive VAT and other charges imposed by the authorities, unless otherwise stated.

7.2 Sitly has the right to alter the prices charged with a notice period of at least three months. Should you not be in agreement with the change in price, you have the right to cease using the Service and remove your Profile on the date upon which the change in price takes effect, or to choose for a free subscription with the same Profile.

7.3 Payment takes place in the manner described on the Website. In the case that payment is not made in a timely manner, Sitly reserves the right to immediately terminate the agreement or to block or to restrict access to the Service until the moment at which you have complied with your (payment) obligations, including any costs and interest.

7.4 Complaints with regard to invoices and/or the Service do not affect your obligation to pay.

Article 8 Intellectual Property Rights

8.1 The Intellectual Property Rights applying to the Service, including the Website and Database, and also any texts, look-and-feel, templates of the Profiles, video, audio and photo material made available via the Website, with the exception of the Content, remain the property of Sitly and/or its licensers.

8.2 Under the conditions outlined in these Terms of Service, Sitly gives you the limited, personal, revocable, non-exclusive, non sub-licensable and non-transferrable right to access to and use of the Service, including the Database, the Content, and the Website for the purposes outlined in these Terms of Service.

8.3 You retain in principle the Intellectual Property Rights to Content placed by you. You recognise and accept that making available/uploading of Content by you automatically gives Sitly the royalty-free, worldwide, irrevocable, sub-licensable and transferrable licence to make public this Content and to duplicate the Content and to store the Content in the Database as far as is required in order to provide the Service.

8.4 You explicitly renounce all personal rights named in article 25 of the Auteurswet (“Authors’ Law”), including the right to be named and the right to object to changes, as far as this is permitted according to that law.

8.5 You confirm to Sitly that you own all rights to the Content and that you are fully authorised to grant the licence as intended in this article to Sitly.

8.6 It is expressly forbidden to download, copy, alter, reverse engineer, or to make public any information made accessible via the Service or Website, or to use such information for any purpose other than those named in these Terms of Service, unless Sitly or the rights holders concerned agree to this, or unless mandatory Dutch law expressly permits such usage.

Article 9 Privacy

9.1 While creating your Profile and during usage of the Service, you make your (personal) details available to Sitly. These (personal) details will be processed in accordance with the Sitly Privacy Statement and in accordance with applicable laws and regulations.

Articles 10 Guarantees and indemnities

10.1 You are liable to Sitly for, and fully indemnify Sitly against, any damages and costs suffered by or incurred by Sitly as a result of (i) a culpable shortcoming by you in complying with the Terms of Service, (ii) any actions carried out by you whilst making use of the Service, or (iii) any illegal action. Any costs incurred by or damage suffered by Sitly in connection with these claims will be met by you.

10.2 You confirm to Sitly that all information that you provide while creating your Profile or placing Content is complete, current, and accurate. You recognise that the correctness, up-to-date nature of, and completeness of the Content made available is of great importance to the optimal functioning of the Service.

10.3 You confirm to Sitly that you are authorised to make use of the Service and that you will act in accordance with these Terms of Service. You indemnify Sitly against claims by third parties based upon the allegation that the use of the Service by you, including but not limited to the placement of Content, is unlawful.

Article 11 Liability

11.1 Sitly accepts no responsibility whatsoever for damage as a result of providing the Service, or as a result of unlawful actions or otherwise, as far as is permitted by mandatory law.

11.2 If Sitly is liable to you for damage for any reason whatsoever, then this liability is in all cases limited per occurrence (whereby a connected series of occurrences is regarded as one occurrence) to the contributions (including BTW) paid by you to Sitly during the current calendar year for the Service that has lead to liability by Sitly.

11.3 Sitly is in no way responsible for consequential loss, including pure financial loss, loss of turnover or profit, loss of data or immaterial damage connected with or occurring as a result of the Service.

11.4 The restrictions named in this article are not applicable in the case of deliberate and/or conscious recklessness on the part of Sitly itself and/or its management.

11.5 The existence of any right by you to compensation requires that you report the damage in question in writing as soon as possible after its occurrence  to Sitly. Any claim to compensation against Sitly will lapse 12 months after the coming into being of the claim.

Article 12 Reporting of unlawful information

12.1 Sitly is not responsible for any damage connected with the (unlawful) use of the Website. Sitly is only obliged, under the conditions stated below, and after receiving a report, to remove any unmistakably unlawful material or to bring a halt to any unmistakably unlawful activities.

12.2 Sitly has established a procedure by which the presence or accessibility of suspected unlawful material can be reported to Sitly. This can occur via an email to info@sitly.ch or by clicking on the button “Report user” which is present on profile pages and in received emails.

12.3 Sitly reserves the right to refuse to block material or to bring a halt to activities, should Sitly have legitimate reason to doubt the correctness of the report or the correctness of any evidence submitted together with the report, or if an assessment of interests requires this. In this case, Sitly can request a legal judgement from an authorised judge in Switzerland, which indicates that the material or activity in question is unlawful.

12.4 Sitly shall in no way whatsoever be required to be a party to a dispute between the person responsible for the report and any third party.

12.5 The person submitting the report indemnifies Sitly against all claims by third parties in connection with the blocking or removal of material or the bringing to a halt of activities. The indemnification applies to all costs incurred by and damage suffered by Sitly in connection with such a claim, including but not limited to the restitution of costs of legal assistance.

Article 13 Duration & Termination

13.1 If you make use of a free subscription, you have the right to cease making use of the Service and to remove your Profile at any time.

13.2 If you make use of a paid subscription, the Service is available for a period of time chosen by you. If you have chosen for a subscription of a fixed period of time, this cannot be cancelled before the expiry of this period, and Sitly is not required to repay any sums paid in advance for the use of the Service should you cease using the Service or remove your Profile. If you have agreed to use the Service for an indeterminate period of time, or if the Service has been implicitly extended at the end of the agreed period, then the Service can be cancelled at any time with a cancellation period of one (1) month. In the last case, any sums paid by you shall be returned in proportion to the time period elapsed.

13.3 Sitly points out that you cannot make use of the afkoelingstermijn (“period of reflection”) as stated in article 7:46d part 1 BW (Dutch civil law code). The service is namely executed directly with your agreement, as intended in article 7:46i part 5 under 1 BW.

13.4 In the case of dissolution of the agreement, then no cancellation will take place of that which Sitly has already delivered and/or carried out and any related payment obligations. Sums invoiced by Sitly before the dissolution in connection with that which Sitly has delivered or carried out correctly remain payable, with regard to that stated in the previous sentence, and are directly due at the moment of dissolution.

13.5 Upon ending of the agreement, regardless of the reason, your right to usage of the Service and your access to the Service will be directly withdrawn. Sitly will remove your profile directly upon ending of the agreement, regardless of the reason. Sitly retains the right to use all Content as stated in article 8. However, Sitly will, upon request by you, remove or anonymise all Content. Sitly is not required to deliver to you and/or to convert any Content after the ending of the agreement.

Article 14 Miscellaneous

14.1 Dutch law is applicable to these Terms of Service and to usage of the Service and the Website. Applicability of the Vienna Sales Convention (CISG) is expressly excluded.

14.2 Any disputes that arise between you and Sitly shall be put before the authorised judge in the arrondissement (“district”) of Amsterdam unless mandatory law requires that the dispute be put before another judge.

14.3 Sitly may transfer rights and obligations that arise from these Terms of Service to others, and will inform you should this take place. If you do not find this transfer of rights and obligations acceptable, then you may cease using the service and may remove your Profile.

14.4 Should a part of these Terms of Service be or become invalid, then you and Sitly remain bound to that which remains. Sitly shall replace the invalid part with conditions which are valid and for which the legal consequences, with regard to the content and intent of these Terms of Service, shall as far as possible agree with the invalid part.

Privacy policy

Sitly takes your privacy very seriously, and will process and use information about you in a secure manner. To ensure your privacy, Sitly will always act in accordance with the Wet bescherming persoonsgegevens (“Law on the protection of personal details”). This page contains the Sitly Privacy Statement. We advise you to carefully consult this Privacy Statement. Words with an initial capital letter in this Privacy Statement are defined in the Terms of Service.

1. What is Sitly?

Sitly is an online service, the aim of which is to bring together, via the Website, private individuals who wish to organise temporary childcare for their child(ren) by other private individuals or professional persons with private individuals or professional persons who are prepared to offer childcare services to private individuals. Users can form, on the basis of the Profiles, an opinion about the characteristics and qualities of other Users.

Sitly is part of the besloten vennootschap (“Limited Company”) 2Care4Kids Group B.V., also trading under the name Sitly, registered address (1017 AZ) Amsterdam, Singel 542, and registered with the Chamber of Commerce of Amsterdam under registration number 56028458, VAT number: NL851948844B01. The manner in which your personal details are stored and used is registered with the College Bescherming Persoonsgegevens (“Board for the Protection of Personal Details”) under registration number m1517431.

2. What information is collected and processed by Sitly?

Profile

In order to make contact with other users, you must first create a personal Profile. When you create such a Profile, you will be asked to enter certain information about yourself. You are not obliged to enter all details. The following details are obligatory for all users:

Forename and surname
Valid e-mail address and password
Postcode and house number
Personal description

For babysitters and childminders, the following details are also obligatory:

Date of birth
Gender
Hourly tariff
Availability

Optionally supplemented with:

Mobile telephone number
Number of years childcare experience
Experience with age categories of children
References possessed
Maximum number of children for whom you are prepared to babysit at one time
Job / study
Smoker: yes/no
Language ability
Relevant qualification

For parents, the following details are also obligatory:

Childcare preferences
Number of children
Gender of children
Dates of birth of children
Expecting: yes/no

You can alter the information that you provide at any time.

You can also add other information to your profile, such as photo or a link to your website.

Your Profile is in principle public. This means that it can be consulted by anyone. You can also set up your profile so that it is only visible by Users who also have a Profile. You can change this setting at any time.

Content

Sitly stores and processes all Content that you make available via Sitly. If you publish Content, for example your Profile, then other Users can make use of or react to the Content.

If you terminate your Profile, then Sitly will immediately make your Profile inaccessible. However, Sitly retains the right to use all Content in accordance with the Terms of Service. Sitly will remove or anonymise the Content, should you request this.

Automatically generated information

In order to ensure the effective operation of Sitly (for example, to ensure that pages are correctly displayed, and in order to ensure the security of the Service), Sitly requires certain information. Therefore, Sitly will collect automatically generated information about your surfing behaviour while you are using Sitly. This information consists of your IP-adress (the number of your computer on the Internet, which makes it possible to recognise your computer), the type of browser (computer program that facilitates the display of web pages), the computer system that you use, and the pages that you visit on the Website.

If Sitly uses this information, then it will always be anonymised.

3. What are cookies and how does Sitly use them?

What are cookies?

Sitly uses cookies to collect data. Cookies are small text files that are saved on the hard disc or in the memory of your computer. Cookies are used, for example, to retain your favourite settings for a certain service, web page or website. Cookies can also be used to ensure that you do not see a certain advertisement too often, or to record how often a certain advertisement is displayed.

What sort of cookies does Sitly use, and why?

Permanent cookies
The Website makes use of permanent cookies in order to recognise when you visit the Website. In this way, Sitly can remember your preferences (for example, your login name or preferred language) and to retain information about whether you have given permission for cookies to be placed. This ensures that you do not have to repeatedly enter your preferences. You can easily remove these permanent cookies via the settings in your browser (see below). If it is not necessary to store your personal details in a cookie, then Sitly will not do so.

Session cookies

The Website makes use of session cookies in order to check if you are logged in or not. This ensures that you do not need to continuously log in every time you navigate to another page. These cookies are removed as soon as you close your web browser.

Google Analytics cookie
The Website makes use of Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics makes use of cookies in the manner described above. The information generated by the cookie about your use of the Website (including your IP address) is sent to Google and stored on servers in the United States. Google is a member of the Safe Harbor programme of the American Ministry of Trade, which means that there is an appropriate level of protection for your personal details. Google uses this data in order to provide Sitly with information about how you use the website, to prepare reports about website activity, and to offer other services connected with website activity and Internet use. Google may only make this information available to third parties where legally obliged to do so, or if third parties process this information on behalf of Google. Google will not combine your IP address with other information in the possession of Google.

Cookies from social networks
The Website contains buttons that may be used to share certain pages on Facebook. These buttons contain small pieces of code that are made available by Facebook. By means of this code, Facebook can place cookies. Sitly has no influence over or involvement with this, and advises you to consult the Facebook privacy statement.

How can I disable cookies?

If you do not wish to accept cookies, then you can always disable this feature in your browser. You can also remove cookies via your browser that have been stored on your computer. You can find more information about this in the help function of your browser. If you disable cookies, then it is possible that certain functions will not work, or that certain services will not be available to you.

If you only want to disable cookies placed by third parties in order to register your surfing behaviour, then please click the following link: http://www.youronlinechoices.eu

4. For what purpose does Sitly use information about me?

Purposes

Sitly will use information about you for the following purposes:

To make use of the Service possible.
In order to send you information about Sitly’s own services, and to react to questions and/or complaints that you may have.
In order to send you information about the products and services of Sitly’s partners, if you have given permission for this.
To generate anonymised statistical data.
In order to secure the Service, and to alter and improve the Service.
To process payments.
In order to provide information about you to third parties if you have given permission for this, or if required by law or regulation.

Sitly will keep you informed about the development of the Service. If there is, for example, a new extension to the Service or if an update is to take place, then Sitly will inform you about this. Sitly may also keep you informed about and current or future special offers.

Should you not wish to receive e-mail messages from Sitly, you can unsubscribe via at settings on your profile. A link that allows you to unsubscribe is also included in every e-mail send to you by Sitly.

Sitly uses automatically generated data for statistical purposes, and also for the protection and improvement of Sitly. This data may be provided to third parties, provided that it is completely anonymised and thus not traceable to you personally (no personal details).

Use by third parties

Sitly will not provide your details to third parties for direct marketing purposes (for example for the sending of special offers) without your explicit permission.

Sitly may provide your details to third parties provided that you have explicitly given permission for this to take place in the case of a particular third party and/or if these details cannot be traced to you personally (such as automatically generated information, not including your IP address). Finally, Sitly may provide your details to third parties if obliged to do so by law or regulation, if required by a court case, or if we believe that it is necessary to do so in order to protect the rights of Sitly.

The Website can contain hyperlinks that, when clicked, will cause you to leave the Sitly Website and move to the website of another party. Sitly has no influence over the services and/or websites that are linked to from the Sitly Website. It may therefore be that another privacy statement applies to these services and/or websites. The Sitly Privacy Statement only applies to (personal) details obtained via the Service. Sitly accepts no responsibility whatsoever for (the functioning of and/or content of) services and/or websites of third parties.

5. How does Outermatch protect your personal information?

Sitly will apply appropriate technical and organisational measures in order to protect your (personal) details against loss and against any form of illegal processing. Amongst other measures, Sitly will ensure that all personal details are securely stored.

6. Examination and correction of your details

You can view and, if necessary, alter your (personal) details in your Profile at any time. If you wish to know which details Sitly has stored about you, or if you wish to alter details that do not appear in your Profile, then you may make contact with us via info@sitly.ch

7. Transfer of data to countries outside the EU

For technical or operational reasons, it may be necessary to transfer your details to (the servers of) companies and/or service providers allied with Sitly in the United States or other countries outside Europe. Sitly ensures that personal details are only transferred to countries where the government has deemed that such organisations employ an appropriate level of security for personal details and/or to companies who have signed up to the so-called Safe Harbour Principles.

8. May minors make use of Sitly?

If you are younger than sixteen (16), then you must have permission from your parents before you create a Profile. By accepting this Privacy Statement, you confirm that you are sixteen (16) years old or older, or that you have permission from your parent or guardian to create a Profile.

9. Can this Privacy Statement be amended?

This Privacy Statement may be amended. Such changes will be announced on the Website and/or in a message to you.

10. Questions?

Should you have questions about this Privacy Statement, you can send an e-mail to info@sitly.ch.