Terms and Conditions

Last Updated: April 22, 2019.

General

Clause 1 : Terms

  • The sitterLUV Platform is owned and operated by sitterLUV.

  • In this agreement the following terms are defined as follows:

    • Intermediary refers to the relationship between Nannies and Parents where sitterLUV acts as an intermediary by introducing Parents to Nannies.

    • Nanny refers to any person offering childminding services via the Platform.

    • Parent refers to any person(s), or family requesting childcare services via the Platform, and includes the parents, guardians or carers of a child or any other person using the Platform to find a Nanny.

    • Intellectual Property means all industrial and intellectual property rights of whatever nature throughout the world conferred on sitterLUV under statute, common law or equity, whether existing now or at any time in the future in relation to the Platform or otherwise;

      • All rights belonging to sitterLUV in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;

      • Concepts, ideas, methods, methodologies and business methods developed in relation to the Platform;

      • The copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b); and

      • Any invention, discovery, or right to apply for a patent, trademark or design in relation to anything referred to in paragraphs (a) and (b).

    • Member or Membership refers to a Parent or a Nanny that has registered on the Platform.

    • Platform refers to the domain of “sitterLUV.com” being the online medium by which the sitterLUV matching service operates.

    • Background Check refers to a check of the Nanny’s criminal convictions (if any).

    • You or Your means the person using the Platform.

Clause 2 : Acceptance of these Terms & Conditions

  • Your access to and use of the Platform will be governed by these terms and conditions (the Terms).

  • sitterLUV may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Platform and a notice will be emailed to you notifying you that amendments have been made. Your continued use of the Platform after any changes are made to these Terms will be deemed to constitute your acceptance of those changes.

  • If you object to any changes to the Terms, or otherwise become dissatisfied with your membership, you may immediately discontinue your use of the Platform and/or terminate your Membership.

  • Payment processing services used by sitterLUV are provided by PayPal and are subject to the PayPal User Agreement. By agreeing to these terms and conditions, you agree to be bound by the PayPal User Agreement, and the same may be modified by PayPal from time to time. As a condition of sitterLUV enabling payment-processing services through PayPal, you agree to provide sitterLUV with accurate and complete information about yourself, and you authorize sitterLUV to share this information and transaction information related to your use of the payment-processing services provided by PayPal.

Clause 3 : Membership Requirements

  • In order to access the services provided by the Platform, both Parents and Nannies are required to register as Members.

  • Membership to sitterLUV provides access to the Nanny-matching services available through the Platform. Parents and Nannies are not permitted to create multiple profiles and must not share their Membership with others.

  • Businesses and organizations, including childcare centre operators, nanny or babysitting agencies and recruitment companies, are not permitted to register as Parents or Nannies on the Platform. The Platform is for the personal use of individual members only.

  • The Platform must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without the express consent of sitterLUV.

  • When registering with sitterLUV, Members must provide accurate, complete and up-to-date information as requested. All information Members provide will be treated in accordance with our Privacy Policy.

  • Members are required to provide sitterLUV with their contact details including:

    • Full name;

    • Email address;

    • Phone number; and

    • Residential address.

  • sitterLUV may at any time request a form of identification to verify the identity of a Member or compliance by a Member of these terms.

  • You must use the Platform for lawful purposes only.

Clause 4 : How the Site Works

  • sitterLUV is a matching and payment service, and acts only as an Intermediary between Parents and Nannies.

  • sitterLUV is not an employment agency and is not involved in any employment of Nannies by Parents.

  • sitterLUV accepts no liability to Parents for Nannies listed on the Platform. Parents are wholly responsible for all aspects of selecting, booking and using a Nanny.

  • Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. sitterLUV is not responsible for the conduct of any Member using the Platform, either online or offline.

Clause 5 : Conduct

  • Members agree not to transmit any material during the course of their membership that is:

    • Unlawful;

    • Harmful or threatening;

    • Defamatory;

    • Obscene;

    • In breach of any third party right (including intellectual property rights); or

    • Harassing, abusive or discriminatory.

  • Members agree not to engage in any activity that:

    • Facilitates any illegal activity;

    • Depicts sexually explicit images;

    • Promotes unlawful violence;

    • Is discriminatory based on race, ethnicity, gender, religious beliefs, or disability; or

    • Is illegal or causes injury or damage to any person or property.

  • If Members experience problems with other Members on the platform and would like to make a complaint, Members must follow sitterLUV’s “Dispute Resolution Process” set out in our Dispute Resolution Process below (clause 8).

Clause 6 : Intellectual Property

  • Members agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create adaptations or derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on or in the Platform in any form.

  • Title to, and all Intellectual Property in, the Platform, and all related and underlying systems, are and remain, the property of sitterLUV (and its licensors). Members must not dispute that ownership.

Clause 7 : Complaints, Feedback & Account Suspension

  • All Members (both Parents and Nannies) are allowed to post feedback and ratings through the Platform or submit a complaint to sitterLUV.

  • When posting feedback, Members must adhere to conduct requirements referred to in clause 5 of these Terms.

  • sitterLUV reserves the right to publish feedback on the platform, or anywhere else, at its sole discretion.

  • sitterLUV reserves the right to remove any feedback published on the platform without notice or warning, and may suspend or terminate a membership account for any breaches to the “Conduct” clause of these Terms.

  • If a Member finds material, content or feedback on the Platform which they believe breaches the “Conduct” clause of these Terms, the Member agrees to follow the Dispute Resolution Process as outlined in Clause 8 (clause 8) of these Terms.

  • sitterLUV reserves the right to suspend a membership in the event that:

    • It is assessing a complaint in accordance with the Dispute Resolution Process;

    • There is a pending dispute with another member, sitterLUV or any other third party;

    • The Member receives feedback that brings, or is likely to bring, sitterLUV into disrepute; and

    • The Member receives consistent negative feedback that sitterLUV, in its sole discretion, does not believe to be reflective of reasonable conduct of a Member in the circumstances.

  • If a Member is suspended, he/she may have their profile removed from the Platform until a notification is provided in writing that the Member’s suspension has ended.

  • During a complaints procedure, term of suspension, or any other time, sitterLUV may conduct an investigation into the conduct of any Member.

  • If a Membership termination results for any reason, sitterLUV is under no obligation to reinstate the Membership.

  • In addition to breach of the “Conduct” clause in these Terms, sitterLUV reserves the right to suspend or terminate a membership for any conduct that it considers to be inappropriate or unjustified.

Clause 8 : Disputes & Dispute Resolution Process

  • Members are encouraged to resolve any disputes between themselves in an appropriate manner.

  • If a dispute cannot be resolved between Members and a written dispute notice is provided to sitterLUV within 24 hours of the unresolved dispute, sitterLUV will mediate the dispute and make a final decision on the resolution.

  • If a Member wishes to make a complaint for any reason, they are required to follow the Dispute Resolution Process as set out below:

    • Members must submit any complaint or dispute by contacting the Dispute Centre via email at admin@sitterLUV.com. Members must outline their complaint or dispute in appropriate details and include written correspondence/examples of feedback where available;

    • Once the dispute is submitted, it will be reviewed by a sitterLUV team member within 24 to 48 hours of receipt of the submission. Where a complaint is urgent, please indicate this in the written description of your complaint so that a team member can respond as quickly as possible. The sitterLUV team member may contact either party for additional information; and

    • The sitterLUV team member will make a final decision on the matter.

Clause 9 : Termination

  • sitterLUV may terminate a membership immediately at any time on reasonable grounds, by providing written notice to that Member.

  • sitterLUV may terminate a membership for any breach of these Terms or if sitterLUV otherwise believes that a Member is acting unreasonably or is unfit to remain a Member of the Platform.

  • sitterLUV also reserves the right to, without limitation, do any or all, of the following in relation to your membership:

    • Suspend your membership;

    • Permanently or temporarily hide all or part of your profile;

    • Modify your profile;

    • Deactivate your membership if you have not used the Platform for a period of 18 months or more (from the date of last use); and/or

    • Permanently or temporarily block your access to all or part of the Platform.

  • A Member may terminate his/her membership at any time.

  • Termination of a membership does not affect each party’s rights and obligations accrued before the termination date.

Clause 10 : Warranties

  • Warranties applicable to all Members:

    • sitterLUV make no warranties or representations as to the quality, accuracy or completeness of the content on the Platform or the information otherwise provided by any Member.

    • sitterLUV uses reasonable endeavours to ensure that the Platform is available 24 hours a day; however, sitterLUV does not make any representations or warranties that your access will be uninterrupted or error-free. Access to the site may be suspended temporarily without notice in the case of system failure, web hosting errors, maintenance, or repair or any reason beyond our control.

    • While sitterLUV conducts thorough background check on all Nannies prior to membership confirmation, no warranty is given for suitability, including but not limited to, honesty, capability or character of any Nanny.

Clause 11 : Liability & Acceptance of Risk

  • Members are wholly responsible for their participation on the Platform and Members use the Platform at their own risk.

  • Members acknowledge that sitterLUV is not responsible for, and accepts no liability in relation to, Members’ use of the Platform or Members’ conduct in connection to the Platform (whether online or offline), or any other members’ use of or conduct, in connection to the Platform (whether online or offline), in any circumstance.

  • Members are solely responsible for content that he/she transmits to any member of the Platform, by any means. sitterLUV disclaims all liability with respect to any content transmitted to any Member, by any means, by any person, including Members’ reliance on such content.

  • To the maximum extent permitted by law, sitterLUV excludes all implied representations and warranties that might apply in relation to Members’ use of the Platform.

  • sitterLUV’s maximum aggregate liability to a Member under or in connection with these Terms, the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the total amount paid by the Member (if any) for any chargeable service or feature on the Platform purchased by the Member during the term of his/her Membership.

  • In no circumstances will sitterLUV be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort (including negligence), contract or otherwise.

  • By using the sitterLUV Platform, Members expressly authorize sitterLUV to collect and publish information about them as detailed in these Terms, and Members expressly waive any rights, whether in statute or at common law, to bring any legal action against sitterLUV as a result of sitterLUV’s publication of such information, whether the Member considers that information to be fair and accurate or not.

  • Members agree to indemnify sitterLUV for any loss, damage, cost or expense that sitterLUV may suffer or incur as a result of or in connection with Members’ use of the Platform or Members’ conduct in connection with the Platform, including any breach by Members, of these Terms.

  • The sitterLUV Platform may contain links to third-party advertisements and links to third-party sites. Access to any other Internet site linked to the sitterLUV Platform, is at Members’ own risk. sitterLUV accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third-party advertisements or on any third-party sites.

  • sitterLUV is not liable to the Parent or the Nanny for any failure to perform its obligations under these Terms to the extent caused by an event that is beyond sitterLUV’s reasonable control.

For Parents

Clause 12 : Parents’ Obligations

  • All bookings between Parents and Nannies must be made using the Platform.

  • Parents acknowledge and agree to their credit cards being pre-authorized by sitterLUV upon confirmation of their membership and prior to contacting their first Nanny.

  • In circumstances where sitterLUV (in its absolute discretion) believes that there is sufficient negative feedback or any feedback of a concerning nature regarding the Parent, sitterLUV reserves the right to block the Parent’s profile from sitterLUV without notice.

  • Parents understand that Nannies may, in their absolute discretion, choose to decline a booking. sitterLUV is a matching service and Parents understand and acknowledge just as they choose which Nanny to request a service with, Nannies may also choose which job to accept.

  • Parents understand that they are engaging a Nanny as an independent contractor, and that the independent contractor relationship is exclusively between the Parents (as Principal) and the Nanny (as Contractor). sitterLUV is not a party to this relationship and bears no responsibilities in respect of that independent contractor relationship.

  • Parents should obtain their own tax advice with respect to their employment tax obligations (if any) in respect of engaging a Nanny via sitterLUV.

  • Parents understand that these terms constitute the written terms of the independent contractor agreement that exists between each Parent and Nanny.

Clause 13 : Nannies’ Salary

  • Nannies’ salary are payable in Ringgit Malaysia.

For Nannies

Clause 14 : Nanny Membership Requirements & Obligations

  • Nannies must be Malaysian, aged 18 and above, and be legally able to work in Malaysia in order to register with sitterLUV.

  • As a requirement of registration, Nannies will be required to submit personal details including, but not limited to, photo identification, a copy of their identity card and a copy of their bank account statement. They must also have cleared the background-check process and must undertake and pass the process required to sitterLUV’s reasonable satisfaction, in order to be approved as a Nanny by sitterLUV.

  • All communications and bookings must be made between the Nanny and the Parent(s) via the Platform. Nannies will be sent all job requests through the Platform.

  • Once a job is confirmed, it is the Nanny’s responsibility to ensure that she is able to fulfil her obligation.

  • The Nanny agrees to provide her babysitting services for the entire duration agreed upon between the Nanny and the Parent(s).

  • The Nanny agrees that only Nannies that are approved by sitterLUV, and no other person, may provide the babysitting services. Failure to adhere to this requirement will result in the suspension of the Nanny’s account.

  • Nannies understand that a poorly rendered service or job cancellation without any acceptable reason(s) provided, will likely result in negative ratings and feedback being provided by the Parent(s). sitterLUV accepts no responsibility for negative ratings in any circumstances and will not change any negative ratings.

  • As a condition of Membership, Nannies may only have one Membership account, and only the person whose identification details have been provided may access the Membership using the Platform.

  • The Nanny understands that they are an independent contractor entering into a direct agreement with the Parent(s) and the Nanny must abide by all statutory and other obligations of such an agreement. The Nanny understands and agrees that the independent contractor relationship exists exclusively between the Parent(s) (as Principal) and the Nanny (as Contractor). sitterLUV is not a party to this relationship and bears no responsibilities or liabilities in respect of that independent contractor agreement.

  • The Nanny understands that these Terms constitute the written terms of the contractor agreement that exists between each Parent and the Nanny.

  • The Nanny understands and agrees that she must ensure the health and safety of the Parents’ child while she provides  babysitting services offered through sitterLUV. Providing a safe and healthy environment for the Parents’ child is the sole responsibility of the Nanny, who bears all risks and liabilities in respect of injury or death.

  • Under no circumstances will sitterLUV be liable for any injury, illness or death caused by the actions or omissions of a Nanny booked through sitterLUV.

Our Partners

YCK Logo.png
P.S. The Children Logo.png

As Featured In

vulcanpostlogo.png
NST_Logo.png
Oriental-Daily-News-a18f5d84f374dd0bde78

Follow Us

facebook.png
instagram.png
twitter.png

Join Our Community

community.png

Contact Us

email_1.png

Copyright 2019 sitterLUV Sdn. Bhd. | All Rights Reserved