Sitters Co Terms & Conditions
These Terms of Service govern the use of this website and its services. The use of this website and its associated services constitutes your acceptance of these Terms of Service and creates a binding legal agreement. Sitters Co may, in its sole discretion, change this agreement or any part thereof at any time without notice.
By using the Sitters Co website, and/or by applying for or receiving membership from Sitters Co, you acknowledge that you are bound by the terms and conditions set forth herein. All legal issues arising from or related to the use of this website or Sitters Co’s services shall be construed in accordance with the laws of South Africa. Exclusive jurisdiction for any claim or dispute against Sitters Co resides in the courts of South Africa. These Terms of Service constitute the entire agreement between you and Sitters Co with respect to the use of this website and all associated services.
Sitters Co’s failure to enforce any right or provision in there Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of ww.sittersco.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.sittersco.com’s express written consent.
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.sittersco.com.
Access to certain areas of this website is restricted. www.sittersco.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.sittersco.com may change or modify this policy without notice.
If www.sittersco.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
www.sittersco.com may disable your user ID and password at www.sittersco.com’s sole discretion without notice or explanation.
Violation of any of the following terms governing conduct will lead to removal of posted profiles or cancellation of membership without refund, and a permanent block on your access to the Sitters Co website.
In using the Sitters Co website, you agree that you shall not:
– Include any personal contact information such as a phone number, email address, Skype Id, personal webpage address, in any field which does not specifically request such information;
– Attempt to direct users to any other online or offline location where your contact information may be obtained;
– Attempt to solicite any services by any means other than those offered or directly approved by Sitters Co, to its registered users or members;
– Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, hateful, discriminatory or otherwise objectionable;
– Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
– Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
Due to the digital nature of the Sitters Co service, cancellation of the once-off membership fee is not possible.
You, the user acknowledge and agree that Sitters Co does not endorse the content of any au pair or family and is not responsible or liable for any such content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, discriminatory, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. You acknowledge that Sitters Co does not pre-screen any content, but that Sitters Co will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
Sitters Co does not have any obligation to monitor or control any user’s profile for any purpose. All content provided by a user of the Sitters Co website is the sole responsibility of that user.
Au pair agencies and other competitors of Sitters Co are prohibited from registering with Sitters Co.
Any individual or other entity in violation of this prohibition will be obligated to pay a contractual penalty of R 20,000.00 (Twenty Thousand) for each individual case. This contractual penalty is to be paid independently of the actual damage. Apart from the contractual penalty, Sitters Co reserves the right to sue for compensation.
This website is provided “as is” without any representations or warranties, express or implied. www.sittersco.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.sittersco.com does not warrant that:
– this website will be constantly available, or available at all; or
– the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
www.sittersco.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
– to the extent that the website is provided free-of-charge, for any direct loss.
– for any indirect, special, or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if www.sittersco.com has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, www.sittersco.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.sittersco.com’s officers or employees in respect of any losses you suffer in connection with the website.
You hereby indemnify www.sittersco.com and undertake to keep www.sittersco.com indemnified against any losses, damages, costs, liabilities, and expenses (including
without limitation legal expenses and any amounts paid by www.sittersco.com to a third party in settlement of a claim or dispute on the advice of www.sittersco.com’s legal advisers) incurred or suffered by www.sittersco.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to www.sittersco.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, www.sittersco.com may take such action as www.sittersco.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
www.sittersco.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
www.sittersco.com may transfer, sub-contract or otherwise deal with www.sittersco.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.