Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF KIDSITTERS.MY (THE SITE) AND YOUR BOOKINGS WITH US. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE KIDSITTERS.MY. YOUR CONTINUED USE OF THIS SITE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME, AT THE DISCRETION OF KIDSITTERS.MY. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS SITE. UPDATES ARE ALSO AVAILABLE UPON REQUEST.

Introduction

For these Terms and Conditions, persons booked to provide childcare services through Kidsitters are referred to as Nannies and persons who contract with Kidsitters to obtain childcare through Kidsitters are referred to as Parents
Kidsitters is a technology-driven service that connects Parents with thoroughly verified and experienced Nannies. Kidsitters does not employ the Nannies booked by Parents. Kidsitters undertakes to ensure that all Nannies on the register have been carefully selected and have demonstrated satisfactory previous experience in childcare.
Parents acknowledge that no amount of reference checking can provide a guarantee of future performance by individual Nannies. Kidsitters cannot be held accountable for negligence on the part of a Nannies who have provided Kidsitters with satisfactory references except where reasonable care has not been taken in the reference checking process or where Kidsitters has failed to take note of other information received concerning the Nannies’ past performance. References given by Nannies are verified with the referees verbally as Kidsitters believes referees give a more full, frank and candid picture in discussion than they would if asked to provide information in writing. For this reason, Kidsitters cannot provide copies of written references.

Kidsitters’s vetting procedure includes the following:

i. An online or physical hand-written application submitted by the Nannies.
ii. Identity checks by vetoed background companies as well as checks with Malaysian authority. 
iii. Verification of Nannie’s house cleanliness and Nannies’ health condition.
iv. The application and notes of the references received are reviewed, approved and signed off by a Director of the company before each nanny is admitted to Kidsitters’s register.

Booking Process

A booking is defined as a scheduled start and finishes time within 24 hours. Kidsitters accept all bookings of two hours or longer.
Monthly service is available whereby parents will be sending the kids to the nanny’s house daily for weekdays only for an agreed maximum of 9 hours of care per day. Weekend care is available subject to the availability of nannies for an extra RM50 per day (only for monthly service care). 

Booking request

All booking requests must be made online at https://kidsitters.my at least four hours before the time of the booking and must be guaranteed with a credit card. The Parent is responsible for providing all the necessary details to accompany the booking request. Kidsitters is not responsible for any omissions or errors on behalf of the Parent. Kidsitters reserves the right to decline or cancel any booking, at any time, without reason or without providing an alternative, and issue a full refund.

Booking assignment and confirmation

Once a booking request is submitted, Kidsitters assigns the booking to an available Nannies. The Parent may request specific Nannies, but the Parent accepts that Nannies on Kidsitters register are free agents and not employees of Kidsitters and Kidsitters is not able to require any particular individual to work at any time or for any particular Parents. Wherever possible Kidsitters will ensure that the Parent’s bookings are offered to their preferred Nannies first, however, if the preferred Nannies is not available for the entirety of the booking, Kidsitters will automatically assign the booking to another qualified, available Nannies. When a booking is assigned, a booking confirmation message will be sent to the Parent via email.
Kidsitters does not provide the option for the Parent to meet or interview a Nannies. Once a Nannies is assigned to a booking, the Parent may call the Nannies on the phone. If the Parent must meet a Nannies before booking, this must be arranged in the form of another paid booking on the site.

Fees

Kidsitters charge RM35 for one hour, as long as the bookings are made at least 12 hours in advance. Kidsitters charge RM565 for monthly care which is scheduled care taking from 7 am/8 am till 5 PM/6 PM a maximum of 9 hours daily for weekdays only, weekend and Public holiday care at an extra of RM50 per day. There are no joining, membership or booking fees. We reserve the right to make changes to our prices at any time. All changes will be reflected on the site and the payment details screen before charges are incurred.

Payment

Parents are responsible for paying Kidsitters through the Kidsitters website using an accepted method of payment. Kidsitters will collect payment details at the time of the booking request.
If the Nannies are required to stay past the agreed-upon time, Parents must pay a pro-rated amount of the booking in 15-minute increments (to be rounded up to 15 minutes). For the avoidance of doubt, this means that for example, if the Nannies stays 5 minutes extra, the charge will be for 15 minutes, if the Nannies stays 40 minutes extra, the charge will be for 45 minutes. This additional pro-rated amount for the extra time shall be charged to the Parent once the booking is completed via the same payment method used at the time of the booking. It is the Parent’s responsibility to notify Kidsitters of the extra time. If the Parent fails to inform Kidsitters, Kidsitters will rely on the Nannies to provide this information.
Parents must not pay the Nannies directly either for the booking or for staying late. Any additional amount owed must be paid to Kidsitters directly through the Kidsitters website.
Payment processing services for Nannies on Kidsitters are provided by “in discussion” which includes the “ put in the payment company terms and condition” By agreeing to these terms or continuing to operate as a Nannies on Kidsitters, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kidsitters enabling payment processing services through Stripe, you agree to provide Kidsitters accurate and complete information about you and your business, and you authorise Kidsitters to share it and transaction information related to your use of the payment processing services provided by Stripe.

Cancellations or changes to the booking

Before booking commences

Kidsitters will not be held responsible for a Nannies’ availability. If a Nannies should become unavailable after a booking has been confirmed, Kidsitters will endeavour to find a suitable replacement and if one cannot be found, Kidsitters reserves the right to decline the booking and issue a full refund without assuming any liability for the impact this might have on the Parent’s plans.
If the Parent wishes to extend the original booking or make any changes to the booking, they must communicate these changes directly to Kidsitters before the booking begins. If a Nannies cannot accommodate the change, Kidsitters will endeavor to find a different Nannies.

All cancellation requests must be submitted at least 24 hours before a booking commences. There is no charge for such cancellations. However, any cancellations made less than 24 hours before the booking commences will not be entitled to a refund. Bookings made less than 24 hours before the time of the booking are not cancellable or refundable.

After booking commences

If a Nannies fail to arrive at the appointed time, Kidsitters will use its best endeavours to find other Nannies for the Parent. If it is not possible to find a suitable replacement, Kidsitters shall issue a full refund for the booking and assumes no further liability for any impact this may have on the Parent’s plans.
Once a booking has commenced, any changes must be communicated and agreed upon with the Nannies directly, however, no monies should be paid directly to the Nannies for any extra time. Parents must inform Kidsitters of the overtime and Kidsitters will process the charge via the same payment method used at the time of the booking request. Releasing a Nannies earlier than the originally booked time will not entitle a Parent to a refund for that time.

Transportation for hourly nannies

Nannies arrange their transportation; therefore Parents are not responsible for providing or paying for any transportation. However, Parents can agree with the Nannies directly and can arrange for, or pay for a Nannies’ taxi or transportation directly to the Nannies. Kidsitters assumes no liability to the Parent, or the Nannies or any third party for any transport arrangements.

Our Nannies

The Parent agrees to treat the Nannies courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. The Parent also agrees to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.
The Parent agrees, for so long as the agreement between you and us is in force and for six months thereafter, not to book the services of, or engage, any Nannies you have used, or whose contact details you have received from us, other than via Kidsitters.my.

Our responsibilities

The Parent accepts that Kidsitters’s responsibility is to introduce Nannies who have demonstrated previous satisfactory childcare experience and service provision.
Kidsitters has no responsibility for a Nannies acts or omissions except where these could reasonably have been identifiable from Kidsitters selection procedure or as a result of other information received by Kidsitters. If during a booking, any accidental damage occurs to the Parent’s property or possessions, this will need to be covered by the Parent’s own home insurance policy.
Kidsitters are not responsible for any loss suffered as a result of the Nanny’s failure to keep the appointment except where Kidsitters has failed to use reasonable care in confirming the details of the appointment with the Nannies.
Parents accept that we may communicate with them by email, text message or phone about any matter concerning their booking through Kidsitters. Apart from in the course of arranging your childcare provision Kidsitters will keep your personal information including address, email address and phone number confidential at all times, the details of which are covered under our Privacy Policy.

Your responsibilities

The Parent is responsible for ensuring the Nannies clearly understand any special needs of the children to be babysat.
While a Nannies is providing services for a Parent from an introduction made by Kidsitters the Parent undertakes to reimburse Kidsitters fully for all costs, claims, damages, and liabilities whatsoever arising from the Parent’s wrongdoing or negligence.
The Parent agrees not to approach or use the services of a Nannies introduced by Kidsitters and the parent understands that this will result in the deactivation of their account.
The Nannies are responsible for ensuring that they clearly understand any special needs of the children to be babysat. They can do so by contacting the Parent directly for this purpose as Kidsitters will provide contact details when the Sitter accepts a booking.
The Nannies agrees to give advance notice if they are not able to fulfill a booking accepted by them previously and acknowledges that they might be liable for any losses suffered by Kidsitters with regards to their inability to fulfill the booking, such as having reimbursed the affected Parent for deposits to canceled tickets/events/deposits/replacement nannies from external agencies.
The Nannies agree not to approach or offer their services to a Parent introduced by Kidsitters and the sitter understands that this will result in the deactivation of their account. The Nannies will also be liable for damages to Kidsitters to compensate Kidsitters in respect of all past present and future losses which Kidsitters suffers because of any breach of the undertaking above to a maximum sum of RM1000. 

Use of the site

It is not necessary to register with us to use parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.
You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Where possible we always try to give warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
User-generated content
Any material that a visitor sends or posts to this site, shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purposes as we deem appropriate all material provided to us, except personal information, the use of which is covered under our Privacy Policy.

When using this website, you shall not post or send to or from this Website any material:

1. For which you have not obtained all necessary consents;
2. That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. Which is harmful including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;
4. Which advocates promote, assists or enables any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intends to defraud, swindle or deceive other users of Kidsitters.my;
5. That infringes or violates any copyright, database right, trademark or any other intellectual property right of any other person;
6. Which may be likely to deceive any person;
7. Which may be in breach of any laws or any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8. That may be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
9. Which may be likely to harass, upset, embarrass, alarm or annoy another person;
10. That may be used to impersonate any person or to misrepresent your identity or affiliation with any person;
11. That gives the impression that they emanate from us if that is not the case;
12.Which relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
13.Which disseminates or otherwise discloses another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Kidsitters.my and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to Kidsitters.my constitutes a violation of their intellectual property rights or their right to privacy.
We have the right to remove or delete any posting you make on Kidsitters.my or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of our conditions for User-Generated Content section.
Links to and from other websites
Throughout this Website, you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

1. You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
2. You do not misrepresent your relationship with this website; and
3. The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of these conditions, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

Disclaimer

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date. All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your discretion.

Exclusion of Liability

We do not accept liability for any loss or damage that you suffer as a result of using this Website.
Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, which cannot be excluded, or under the law of the MALAYSIAN LAW. 

Law and Jurisdiction

These terms of use, their subject matter and formation are governed by MALAYSIAN law. If you are a consumer, the courts of MALAYSIA, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from or related to, these terms of use. If you are a business, you and we each agree that the courts of MALAYSIA will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

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