Nanny Square Terms of Service
These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals may use the NannySquare.com site or NannySquare.com services as defined below. Certain NannySquare.com services are are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
These Terms include the NannySquare.com Privacy Policy, which is located at www.nannysquare.com/privacy-policy and the Nanny Square Security and Safety Policy located at www.nannysquare.com/security-and-safety. If you object to anything in these Terms, the Privacy Policy, the Security and Safety Policy, or any applicable Additional Terms, do not use the Site or the Services.
These Terms are subject to change by NannySquare.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes willgo into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.nannysquare.com/terms-of-service for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.nannysquare.com and any other websites, web pages, mobile applications and mobile websites operated by NannySquare.com and the “Services” shall mean any of the various services that NannySuqare.com provides through the Site or any other channels, including without limitation, over the telephone.
Description of Our Services, Limitations and User Responsibilities
NannySquare.com offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others: We provide a platform for individuals in diaspora seeking care services and others willing to provide such services. Our platform allows care providers to create profiles and indicate services they are willing to offer, their desired rates / pay and availaibility. Care recipients can use our platform to create their profiles and search for care providers that meet their criteria. Recipients and providers agree between themselves (with no intervention or communication with NannySquare.com) on the rates, service provided, service location, service dates, service duration, start and end times, terms of care provided e.g., number of children, special needs, dietary restrictions, meal prep, etc.) and living arrangements for providers if they intend to live with the family receiving care. NannySquare.com is not liable for any misunderstanding, misrepresentation or disatisfaction with any of the negotiated terms between provider and recipient. The care arrangement is at will and can be terminated at anytime by any party subject to any previously agreed terms between parties such as notice or severance.
We offer through Stripe, Inc., (“Stripe”), and PayPal Holdings Inc., (“PayPal”), third party services that facilitate the payment of care recipients for subscription to NannySquare.com services directly via credit card or debit card (Stripe) or through PayPal login. These payment processing services are provided by Stripe and PayPal and are subject to the Stripe and PayPal terms of service and service agreements. By agreeing to these Terms, Care recipients that use the payment service also agree to be bound by the Stripe and Paypal Services Agreements, as the same may be modified by Stripe or PayPal from time to time. As a condition of NannySquare.com enabling payment processing services through Stripe and PayPal, you agree to provide NannySquare.com accurate and complete information about you, and you authorize NannySquare.com to share it and transaction information related to your use of the payment processing services provided by Stripe and PayPal. NannySquare.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable. NannySquare.com does not facilitate payment between care providers and care recipients for care provided or received and is not liable for any disputes that may arise as a result of the care and payment agreement reached between provider and recipient.
NannySquare.com does not employ any Care Providers and is not responsible for the conduct, whether online or offline, of any Care Recipient, Care Provider, or other user of the Site or Services. Care Recipients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable Ban-the-Box, FairChance, payroll, tax and minimum wage laws). Care Recipient and Care Provider content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Recipients on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site. We do not refer or recommend Care Recipients or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Recipients or Care Providers whether in public, private or offline interactions. Any screening of a Care Recipient or Care Provider and his, her or its information by NannySquare.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider.
We are not an employment agency, and we do not secure or procure employees for any Care Recipients, nor do we secure or procure opportunities for employment for any Care Providers. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all. We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license. We may offer certain Registered Users the opportunity to verify certain information suchas their email address, cell phone number, home address, or provide additional information such as ID card or Covid vaccination status. If we indicate that certain information has been verified, it means thatthe user has complied with the process we have established for verifying suchinformation. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.
Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Recipient or Care Provider for themselves or their family.
Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria: You intend to use the Site and Services solely for the purpose of finding or managing care-related services, or for finding or sharing information relating to care. Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
Neither you nor any member of your household may have ever been: the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving: any felony; any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or any offense, violation, or unlawful act that involves endangering the safetyof others, fraud, dishonesty, or reckless or negligent conduct, be registered, or currently required to register, as a sex offender with any government entity.
Rules for User Conduct and Use of Services
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to NannySquare.com or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”): Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding or managing care or care-related jobs, or for finding or sharing information relating to care. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services. You will register your account in your own legal name, even if you are seeking care for another individual or family member.
Unless otherwise permitted by NannySquare.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages. You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights,and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from NannySquare.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to NannySquare.com or to anyother user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
You understand and agree that NannySquare.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of NannySquare.com violates these Terms or which NannySquare.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others. You have the right, and hereby grant, to NannySquare.com, its Affiliates, licensees and successors,an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by NannySquare.com will not infringe or violate the rights of any third party. Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations. We welcome your feedback and questions about the Site and Services. However, youa gree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of NannySquare.com and we may use all such communications, all without notice to, consent from, or compensation to you.
As Care Recipient and Care Provider Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Care Providers or Care Recipients on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold NannySquare.com harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by NannySquare.com, are those of their respective authors. Such authors are solely responsible for such content. NannySquare.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will NannySquare.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users. You agree that NannySquare.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
If you are a Care Recipient, you may use your account only to find care for yourself, your children, your grandchildren, individuals for whom you are otherwise the legal guardiana. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity. By using the Site or Services of NannySquare.com, you agree that you will not under any circumstances: use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by NannySquare.com; harass, abuse or harm another person or group, or attempt to do so; use another user’s NannySquare.com account; provide false or inaccurate information when registering an account on NannySquare.com, using the Services or communicating with other Registered Users; attempt to re-register with NannySquare.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account; interfere or attempt to interfere with the proper functioning of NannySquare.com’s Services; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means); use the communication systems provided by or contacts made on NannySquare.com for any commercial solicitation purposes other than those expressly permitted by NannySquare.com; publish or link to malicious content intended to damage or disrupt another user’s browser or computer. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages auser may send in any 24-hour period to an amount which we deem appropriate in oursole discretion. Should NannySquare.com find that you violated the terms of this Section or any terms stated herein, NannySquare.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agreethat NannySquare.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain Care Provider or Care Recipient information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that youscraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any otherrights NannySquare.com may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, NannySquare.com reserves the right at any timein its sole discretion to block users from certain IP addresses from accessing the Site.
Termination
NannySquare.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the NannySquare.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with NannySquare.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if NannySquare.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,”competitive, or third-party site. Upon termination, NannySquare.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, NannySquare.com has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living. NannySquare.com is intended for people 18 or over. NannySquare.com will not knowingly collect any informationfrom individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
Payment and Refund Policy
In order to utilize some NannySquare.com Services or product offerings, the user of such Services or product offerings must pay NannySquare.com either a one-time subscription, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased. If you sign up for a NannySquare.com paid membership subscription, or for a Service or product, you agree to pay NannySquare.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize NannySquare.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product.
NannySquare.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize NannySquare.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if NannySquare.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
All paid membership subscriptions and fee-based services or products will continue indefinitely until the end of the subscription period or cancelled by the user. Paid membership subscriptions will now automatically renew at the end of the term period specified at the time of subscription. Registered users will lose all benefits associated with the subsription at the end of the term and will need to renew their subscription and pay the current subscription fee to continue enjoying the benefits. You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel your subscription, you will lose all benefits associated with the subscription until you decide to renew your subscription at the current rate.
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or asubscription, service, or product in the middle of a term.
Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold NannySquare.com (and NannySquare.com’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, (“Affiliates”)) harmless from any claim or controversy that may arise out of: the actions or inactions of, or the relationship between, you and any Care Recipient, Care Provider or other user(s) of the Site; and any information, instruction, advice or services created by any Care Recipient, Care Provider, or other third party that appeared on, or was communicated through the Site. NannySquare.com and its Affiliates expressly disclaims any liability whatsoever for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known orunknown, from the above.
Disclaimers; Limitations; Waivers; Indemnification
The information and materials contained on the Site, including text, graphics, information, linksor other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by NannySquare.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. NannySquare.com does not: (1) warrant the accuracy, adequacy or completeness of this information and materials; (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than NannySquare.com; (3) warrant that your use of the site or services will be secure, free from computer viruses, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected; or (4) give any warranties of fitness for a particular purpose or non-infringement of third party rights. To the extent permitted by applicable law, NannySquare.com expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and disclaims liability for errors or omissions in this information and materials. In addition, and without limiting the foregoing, NannySquare.com makes no representation or warranties of any kind whether express or implied regarding the suitability of any user of our site to provide services as a care provider or to employ the services of a care provider. Your use of the information must in all cases comply with all applicable laws and regulations.
Assumption of Risk
While NannySquare.com takes certain steps to help promote the safety of our Stsite and Services, finding care or care-related jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Care Recipients or Care Providers, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps NannySquare.com may take to vet or screen Care Providers or Care Recipients and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions when interacting with other site visitors, Registered Users, their families, and others associated with them.
In no event will NannySquare.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if NannySquare.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Under no circumstances will NannySquare.com’s aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you for your account, or, if you have not paid NannySquare.com for the use of anyservices, the amount of $25.00.
In no event will NannySquare.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or otherwise, arising out of or relating to the conduct of you or anyone else in connection with the use of the site or the services or any agreement or relationship formed using the site or service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from anyone’s reliance on information or other content posted on the site, or transmitted to or by any users or any other interactions with other registered users of the site or services, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. NannySquare.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless NannySquare.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by NannySquare.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Care Recipient or Care Provider using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. NannySquare.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of NannySquare.com. Users further agree to hold harmless NannySquare.com and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
Consent to Electronic Communication
By using the Site or Services of NannySquare.com, you agree to allow NannySquare.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from NannySquare.com via the NannySquare.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your NannySquare.com account, alerts, and messages, and the e-mail account reflected on your NannySquare.com on a reasonably regular basis to stay apprised of important notices and information about your account.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on theother, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
