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 (1016DV) Amsterdam, Keizersgracht 229, and registered with the Chamber of Commerce under registration number 56028458, VAT number: NL851948844B01.
Content: all information made accessible by Users via the Platform 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 or nannies.
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 Platform.
Profile: a description written by the User and placed by the User on the Platform with a description of him/herself, including forename, gender, date of birth, location, and optionally a photo.
Platform: any online interface provided by Sitly where you can access and use the services offered. This includes the Sitly website, any associated subdomains, mobile applications for iOS and Android devices offered by Sitly.
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 Platform, or will be brought to your attention while 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.
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 Platform. The objective of the Service is to bring together, via the Platform, private individuals who seek temporary childcare from another private individual 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 or nannies, and childminders, who, in exchange for payment, may be approached via the Platform with the objective of organising childcare together. On the Platform, 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.
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 Platform. 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 Platform 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 Platform 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 Platform and/or Service.
4.5 Sitly offers no guarantees, commitments, or indemnities with regard to the quality, security, legitimacy, integrity, or correctness of the Platform 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.
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.nl.
5.3 You are yourself wholly responsible for all actions that you carry out with the help of the Platform and/or Service.
5.4 The Service and its associated database are designed exclusively for individual Users seeking childcare services and for individuals providing childcare services on a personal basis. It is strictly forbidden to use the Service or its Database to recruit personnel for companies, businesses, or other entities. Engaging in such activities is considered a violation of these Terms of Service. If you use, or attempt to use the Service for commercial recruitment purposes, Sitly reserves the right to:
a. Retain any subscription charges paid by you.
b. Apply additional penalties, including but not limited to, banning you from the Service.
c. Take legal action to recover damages and to enforce these Terms.
5.5 Users and Visitors are not permitted:
a. to make use of any tools other than those approved by Sitly to search the Platform 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.
e. to make unnecessary or excessive use of Sitly’s messaging system. Excessive use includes sending an abnormally high volume of messages and/or invites that spam other users. For this reason, our Fair Use Policy limits the number of messages and invites that can be sent to new contacts.
f. to create a profile using the name, details, or credentials of another person. You must only create and manage a profile for yourself and ensure that all information provided is accurate and pertains solely to you.
g. to share their login details or give access to their profile to any third party. Each profile is to be used exclusively by the individual who created it.
5.6 Users are expected to interact with each other respectfully and responsibly on the Platform. Sitly promotes a safe and professional environment for individuals seeking childcare services and for individuals providing childcare services. Sitly reserves the right, at its sole discretion, to determine whether a User’s behaviour is deemed inappropriate, offensive, or disruptive to the community and service operations. Conduct that may be considered inappropriate includes, but is not limited to, harassment, abuse, use of offensive language, spamming, bullying, discrimination, or any other behaviour that Sitly deems contrary to the purpose of a respectful and safe environment.
6. Content
6.1 You recognize and agree that the Profile and/or other Content that you make available via the Service may be used by other Users. You recognize 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 regard 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 are requested, in which the personal details of others are made available, or in which your personal contact details are included. Should you share content of third parties such as but not limited to displaying them on photo or mentioning their personal details in the references, you should get the other party’s approval. You should be able to provide proof of this approval at all times in case of a dispute.
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 Platform 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 you are connected with Sitly.
g. that involves chain letters, junk mail or spamming and/or whereby passwords or other details that 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 Platform 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.
7. Payment and subscription
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 Platform. Click here for an overview of the subscriptions and prices. The costs of subscriptions purchased through the iOS and Android app may be higher because part of the transaction costs Apple and Google charges monthly are passed on to the User. Prices are inclusive of 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 In the event that a payment fails due to insufficient funds, or any other reason that prevents the transaction from being processed, Sitly might attempt to charge the payment method again. Sitly reserves the right to attempt to charge the payment method on file periodically until the payment is successfully processed. If repeated attempts are made and payment is still not secured, Sitly may suspend or terminate your access to the Service.
7.4 Payment takes place in the manner described on the Platform. 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.
7.5 Complaints with regard to invoices and/or the Service do not affect your obligation to pay.
7.6 If Sitly determines that your subscription has been used for purposes that violate the usage restrictions as outlined in article 5, Sitly is entitled to retain all fees paid and apply any relevant policies including termination of the subscription without refund.
7.7.1 Sitly may, from time to time, offer discounts or promotional offers on Premium subscriptions to certain users. These offers are subject to the Terms and Conditions specified at the time of the offer.
7.7.2 Eligibility for discounts and promotional offers is determined solely by Sitly based on criteria such as user location, subscription history, or other factors deemed relevant by Sitly.
7.7.3 Discounts and promotional offers are valid for a limited time only, as specified in the offer. After the promotional period ends, the subscription will renew at the standard rate unless the user cancels the subscription before the renewal date.
7.7.4 Sitly reserves the right to modify or terminate any discount or promotional offer at any time without prior notice. Existing discounts or promotional offers will be honoured for the duration of the specified period.
7.7.5 Any misuse of discounts or promotional offers, including but not limited to, creating multiple accounts to benefit from offers, will result in the immediate suspension or termination of the user’s account and any applicable legal action.
8. Intellectual Property Rights
8.1 The Intellectual Property Rights applying to the Service, including the Platform and Database, and also any texts, look-and-feel, templates of the Profiles, video, audio, and photo material made available via the Platform, with the exception of the Content, remain the property of Sitly and/or its licensors.
8.2 Under the conditions outlined in these Terms of Service, Sitly gives you the limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and to use of the Service, including the Database, the Content, and the Platform 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 recognize and accept that making available/uploading of Content by you automatically gives Sitly the royalty-free, worldwide, irrevocable, sub-licensable, and transferable 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 Platform, 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.
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.
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 while 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 recognize 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.
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.
12. Reporting of unlawful information
12.1 Sitly is not responsible for any damage connected with the (unlawful) use of the Platform. 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.nl 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 the Netherlands, 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.
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.
13.2.1 If you make use of a paid subscription, the Service is available for the period of time chosen by you during the subscription process (the “Subscription Period”).
13.2.2 Unless you notify Sitly before the end of the Subscription Period that you want to cancel a subscription, your subscription will automatically renew on a recurring basis corresponding to the term of your initial subscription. You authorise Sitly to collect the then-applicable subscription fee for such renewal using any credit card or other payment mechanism we have on record for you.
13.2.3 Renewal Subscription Periods are subject to cancellation by you 1 week before the next billing date. If cancelled, the cancellation will take effect the day after the last day of the current Subscription Period.
13.2.4 To cancel subscriptions that are paid directly through the Sitly Platform, subscribers must either cancel their subscription in their account settings on the Sitly Platform or send a cancellation request via email to info@sitly.nl.
13.2.5 Please note that Sitly does not have the capability to cancel subscriptions made through the Sitly Android or iOS app. Subscribers wishing to cancel their subscriptions must do so through their respective Google Play or Apple App Store accounts, following the procedures outlined in Articles 13.2.6 and 13.2.7.
13.2.6 Subscriptions purchased through the Sitly Android app must be cancelled through your Google Play account. Subscribers should follow the steps outlined by Google Support to manage or cancel their subscriptions, which can be found here.
13.2.7 Subscriptions made through the Sitly iOS app must be cancelled through the subscriptions menu on your iPhone. Instructions provided by Apple Support on how to manage or cancel these subscriptions can be found here.
13.2.8 Except as specifically provided in these Terms of Service, all payments made for subscriptions, services, or products through the Sitly Platform or via mobile applications are non-refundable. This includes, but is not limited to, one-time purchases and recurring subscriptions. There are no refunds or credits for partially used periods of a subscription, Service, or product, even if the subscription is cancelled before the end of the current billing cycle.
13.2.9 Upon cancellation of a subscription, you will continue to have access to the subscription services until the end of the current paid billing period. Following the end of the billing period, the subscription will not be renewed, but no refunds will be provided for any preceding period of use or non-use.
13.3 Sitly points out that you cannot make use of the reflection period 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 anonymize all Content. Sitly is not required to deliver to you and/or to convert any Content after the ending of the agreement.
13.6 Sitly reserves the right to suspend or terminate your account and your access to the services without notice or liability if you violate these Terms of Service.
14. Miscellaneous
14.1 Dutch law is applicable to these Terms of Service and to usage of the Service and the Platform. 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 that 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.