LITTLE SPROG CO. LIMITED - TERMS AND CONDITIONS
These terms and conditions (“Terms”) relate to Little Sprog Co. Limited and (the “Company”) and the Website and App owned by the Company.
- a. “Arrangement Fee” means the fee agreed between the Contractor and the Company for the Company’s provision of intermediary services using the Website and the App.
- b. “App” means the Company’s app relating to the Services (as amended or updated from time to time).
- c. “Booking” means a booking for Services generated via the App or Website.
- d. “Client” means the person(s), family, or entity to whom Services are provided by the Contractor.
- e. “Contractor” means the person who is undertaking the Services to a Client. Referred to as the “Babysitter” in Company information, including Website and App.
- f. “Intellectual Property Rights” means all intellectual property rights owned or licenced by the Company including the App, patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
- g. “Member” means a Client or Contractor (as applicable) who has registered with the Company.
- h. “Fees and Rates” means the fees and rates for the Services as specified by the Website or App at the time of Booking.
- i. Scheduled Time” means the time period in which Members have agreed that Services will be provided as provided in the Booking.
- j. “Services” means the babysitting services provided by the Contractor to the Client.
- k. “Terms” means these Terms (as amended or updated from time to time).
- l. “Website” means the Company’s website www.littlesprogco.co.nz.
- a. These Terms will apply to all Services and all Members. By registering with the Company, downloading or installing the App or providing or accepting Services, Members agree to be bound by these Terms. All other terms, conditions and arrangements are expressly excluded unless otherwise agreed by the Company in writing.
- b. The Company may vary these Terms by putting the varied terms on its App or Website. Services arranged after the date of the publication of the varied Terms will be subject to such varied Terms.
- a. MEMBERS ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT PROVIDE THE SERVICES ITSELF, AND IS SIMPLY AN INTERMEDIATRY PLATFORM ALLOWING MEMBERS TO ARRANGE SERVICES.
- b. Members must not arrange or provide Services outside of the Website or App. To do so is a serious breach of these Terms, which will entitle the Company to terminate both the offending Contractor and the Client under these Terms. All correspondence will be conducted between Members on the messaging service provided on the Website or App.
- a. All Clients and Contractors will be required to register as members in order to access the App and provide or accept Services. The process for registration and any membership requirements will be notified by the Company from time to time.
b. By registering as a Member, all Contractors confirm,
agree and certify to the Company that:
- i. the Contractor is over 18 years of age and is legally able to work in New Zealand;
- ii. the Contractor is a fit and proper person to provide the Services and has no criminal record;
- iii. that Contractor has provided all information required by the Company including, but not limited to, contact details, residency status, medical declaration, a current police check, details of any pending criminal or traffic charges, employment references, copies of photo ID and any relevant first aid certificates;
- iv. all information provided to the Company is true, correct and accurate and no information has been withheld by the Contractor; and
- v. they have read, understood and will comply with these Terms.
- d. Approved Contractors must create profiles on the Website and App that include a photo and display their skillset, experience, interests and personal and professional characteristics. Clients must rate their experience with any given Contractor and this information will be able to be accessed by other Members. Such profiles may be supervised, amended and removed by the Company in its sole discretion. Members must not create more than one profile on the App or Website. All information included by a Member on the App or Website must be true, correct and accurate and not misleading (including by omission).
- e. Members will be responsible for maintaining confidentiality and security of their own login and password details. Members must notify the Company immediately of any unauthorised use, or disclosure, of their login and password, or if they have any security concerns. The Company reserves the right to request a form of identification to verify authenticity of any Member.
- a. The Contractor acknowledges and agrees that it is an independent contractor and is not employed by the Company. The Contractor agrees to provide all Services as an independent contractor and accepts that the Contractor is not an employee of the Company for the purposes of any matter related to the Employment Relations Act 2000, the Holidays Act 2003 or any other such legislation designed to regulate the relationship between an employer and employee.
- b. The Contractor shall be solely responsible for any income tax, ACC contributions and other relevant taxes, levies, fines, and all other liabilities and expenses payable in connection with the Contractor or the Services. The Contractor will also be solely responsible for the payment of any salary, wages, holiday pay or other moneys to which the Contractor is entitled relating to the provision of the Services and shall keep the Company fully indemnified from and against all such payments. The Contractor will comply with all statutory and regulatory requirements and directions of the Inland Revenue Department and the Company with regard to the filing of any tax or other returns.
a. The Contractor must:
- i. provide the Services efficiently and in accordance with the Booking or other agreed timetables;
- ii. comply with reasonable directions and instructions of the Client in relation to the performance of the Services;
- iii. perform the Services honestly, to a high standard and in compliance with all laws and regulations (including the Health and Safety at Work Act 2015) so as to promote the health and safety of the children in their care and the interests of the Company while providing the Services;
- iv. use its best efforts and judgement and exercise all reasonable care, skill and diligence in the delivery of the Services;
- v. use its best efforts to preserve and protect the Client’s property and assets and cause no harm or damage to the Client’s property and assets;
- vi. not: (i) consume alcohol or drugs before or while performing the Services: (ii) have guests at the Client’s property at any time while performing Services; (iii) share their phone with, or take photographs of children or the Client’s home while performing Services; or (iv) leave the Client’s property without permission from the Client or in the case of emergency.
b. Client’s accept, acknowledge and agree that:
- i. Contractors are able to (and encouraged to) to provide confidential feedback to the Company regarding the working conditions of a Clients home environment. If the Company believes that a Client’s home environment is unsafe or inappropriate, the Company may terminate or suspend that Client.
- ii. Contractor’s cannot be required to drive children in the provision of the Services;
- iii. Contractor’s reserves the right to decline a Booking;
- iv. the Client must have the necessary insurance in place to cover any incidences of property damage including fire damage. Under no circumstances will the Company be liable for any damage to Client’s property or assets property as a result of any action or omission of the Contractor; and
- v. the Client will continue to be contactable while the Contractor is performing the Services.
- c. Members must not engage in unbecoming conduct in relation to the Services including (but not limited to), unlawful behaviour or actions, harmful, threatening, obscene, abusive or inappropriate conduct.
- d. Members must make complaints directly to the Company using the complaints procedure set out in these Terms should they have any concerns in regards to the conduct of any Member or any concerns regarding the Services.
- a. In providing, and accepting provision of, the Services each member shall comply with the Health and Safety at Work Act 2015. Each Member shall have in place and comply with a health and safety management plan.
- b. The Client shall notify the Contractor of risks to health and safety arising from the Client’s property which are reasonably foreseeable to the Client and which may affect the Contractor arising out of or in any way connected with the Services. The Contractor shall have due regard to such risks in performing the Services. Member’s bear all risk and liability relating to illness, death or injury relating to the Services.
- a. Charges for the Services are payable by the Client in New Zealand dollars and in accordance with the Fees and Rates. The Fees and Rates are available from the Website and the App, and may be varied by the Company from time to time. The Fees and Rates are inclusive of GST, unless otherwise stated.
- b. A Client’s nominated credit card will be charged by the Company at the time of Booking based on the Fees and Rates and the Scheduled Time indicated in the Booking. Such charges may be adjusted by the Company on completion of the Services depending on the Completed Hours and the Fees and Rates. A Client must not pay a Contractor directly.
- c. Under no circumstances will a Contractor be confirmed or dispatched without initial payment being successfully received by the Company. In the event that a Client’s credit card payment fails for any reason, the Booking will be cancelled, and if Services have been provided, the Client will remain liable for payment and must pay for such Services immediately. Overdue accounts will incur penalty interest of 15% per annum. If referred to a collection agency, additional costs will be incurred, at the Client’s cost.
- d. Each Client acknowledges and agrees to their nominated credit card being pre-authorised and checked by the Company upon confirmation of their membership, at the time of their first Booking and at any other time considered necessary by the Company.
- e. The Client agrees that the Scheduled Time must be provided by the Client at the time of the Booking. The confirmed number of hours (or part hours) for the Services will then be confirmed by the Contractor once the Services are completed (“Competed Hours”).
- f. The Client’s nominated credit card will charged on completion of the Services based on the Fees and Rates and the Completed Hours confirmed by the Contractor (less any amount already paid by the Client to the Company). For the avoidance of doubt, if a Contractor provides Services more hours (or part hours) than initially indicated in the Booking, overtime and other charges will be charged in accordance with the Fees and Rates.
- g. All payments made to the Company will initially be held by the Company until completion of the Services. Members authorise the Company to deduct its Arrangement Fee from such monies held and the Company will remit the balance to the Contractor’s nominated account after full payment from the Client and completion of the Services.
- a. Should a Booking be cancelled by the Client with less than 24 hours’ notice of the commencement of the Scheduled Time, the Client agrees that its nominated credit card will be charged for three hours of the Services and the Booking fee in accordance with the Fees and Rates. In all other cases (including where the Booking is cancelled with more than 24 hours’ notice or is cancelled by the Contractor), the Client will be reimbursed for any payment already made, except the Booking fee which is non-refundable except where the Company agrees otherwise.
- b. If a Contractor fails to turn up to perform the Services at all or cancels a Booking, the Company will not be held responsible but will seek reasons for the failure from the Contractor, and, if these reasons are not adequate, may terminate the Contractor in accordance with these Terms.
- c. The Company reserves the right to cancel the Services immediately should the Company be notified that a Contractor feel unsafe or is mistreated in any way by a Client. No refund will be provided in these circumstances.
- d. Where a Contractor arrives late to perform the Services, Clients will be refunded or will not be charged for the time that the Contractor was absent (rounded up to the nearest 15 minutes). If agreed between the Contractor and the Client, the Client may extend their finish time to accommodate the late arrival and take this into account in their Completed Hours, in which case no refund will be provided.
- e. If a Client arrives home before the expiry of the Scheduled Time, no refund will usually be provided. However, where a Client arrives home before the expiry of the Scheduled Time at the request of a Contractor due to children being unwell, a partial refund will be provided (rounded up to the nearest 30 minutes).
- f. No refund will be provided in circumstances of unreasonable or unsafe working conditions, change of location by the Client after receipt of a Booking, change of job description (such as, number or age of children) after Booking or if the Company reasonably believes that the Contractor has been mistreated or is at risk within the Clients home or working environment.
- a. The Company may immediately terminate or suspend a Member from providing or accepting any Services and, at the Company’s discretion, remove that Member from the App and Website: (a) if that Member does not make payment of any amounts due to the Company on or before the due date for payment; (b) if that Member fails to comply with any of the Member’s obligations under these Terms; (c) if that Member acts in an unacceptable manner or brings the Company or the Services into disrepute (including social media or on-line comments; (d) if that Member is inactive for a period of 12 months or more from the date of last activity/Booking; or (f) for any other reason in the Company’s sole discretion.
- b. A Member may terminate their membership at any time by notice to the Company, but will remain liable for any unpaid charges.
a. A Member may make a formal complaint regarding the
Services at any time in accordance with the Complaints
Procedure set out below.
- i. Members must submit a complaint with sufficient detail and specifics (including written examples if appropriate) or dispute via the process set out in the Website or App. If a complaint or dispute requires urgent attention, this must also be specified in the complaint.
- ii. the Company will endeavour to review the complaint as soon as possible. Urgent complaints will be reviewed in priority to non-urgent complaints.
- iii. the Company may contact either Member and ask further questions as part of the investigation.
- iv. the Company will make a final decision based on the outcomes of the investigation. Where the Company deems appropriate and justified, membership of a defaulting Member may be terminated or suspended.
- a. The Company will not be liable for any damage, loss or liability caused by a Contractor or for any negligence, theft or breach of these Terms by the Contractor. While the Company endeavours to validate each Contractor, a Client is ultimately responsible for all aspects of selecting and booking a Contractor. To the maximum extent permitted by law, the Company accepts no responsibility for the suitability of any Contractor or the acts or omissions of any Contractor. Likewise, to the maximum extent permitted by law, the Company accepts no responsibility for the actions or omissions of any Client.
- b. To the maximum extent permitted by law, the Company's maximum liability to each Member for all losses, costs, claims or fines whether in contract, tort (including negligence), breach of statutory duty or otherwise arising directly or indirectly from the Website, the App or the Services is limited to the amount paid to the Company for those Services. In no event will the Company be liable to a Member for any consequential or indirect losses, costs, claims or fines.
- c. Each Member shall at all times keep the Company fully indemnified in respect of all actions, proceedings, claims, demands, damages, costs or expenses whatsoever which may be incurred by or brought against the Company arising from a breach of these Terms by that Member or from that Member's negligence. The Contractor will also indemnify the Company if the Contractor is subsequently found to be an employee of the Company. Each Member agrees to defend and indemnify the Company against any claims, damages, costs, liabilities and expenses and liability asserted against the Company or its directors, officers or employees including without limitation any actual or threatened suit, demand or claim, to the extent that such claims arises from or relates to the Services or any associated activities.
d. Despite anything else contained in these Terms:
- i. the parties agree and acknowledge to the extent they are in trade that the provision of the App and the Services are acquired by Members in trade within the meaning of the Fair Trading Act 1986, that sections 9, 12A, and 13 of the Fair Trading Act 1986 will not apply to the agreement between the Company and Members, and that it is fair and reasonable to exclude their application;
- ii. the parties agree and acknowledge that if they are both in trade, and the App and Services supplied are supplied or acquired in trade, that the provisions of the Consumer Guarantees Act 1993 will not apply to the agreement between the parties, and that it is fair and reasonable to exclude their application;
- iii. the parties agree and acknowledge that the provisions of the Sale of Goods Act 1908 will not apply to the App or the Services; and
- iv. unless these Terms expressly provide otherwise, to the fullest extent permissible by law all warranties, conditions or other terms implied by law are excluded.
- e. While the Company endeavours to supply accurate information on the Website and App, errors and omissions may occur. The Company does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the Website or App. Each Member or any other person using the App or Website is solely responsible for the actions taken in reliance on the content on, or accessed, through the Website or App. The Company reserves the right to make changes to the content of the Website or App at any time and without notice. To the extent permitted by law, the Company makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of the Website or App.
- a. Except as allowed by these Terms, Members must not at any time (except in the proper course of performing duties under these Terms) disclose to any person any confidential information of the Company or another Member, without the prior written approval of that other party.
- a. The Company, its suppliers, advertisers or third party providers, own all copyright and other intellectual property in the Website and App. Everything on the Website and App, unless otherwise stated, is subject to copyright owed by the Company. These Terms and a Member’s or other person’s access to the Website or App does not grant that person any right to make commercial use of any intellectual property owned by the Company (including, without limitation, trade secrets, patents, copyright, trade marks and industrial designs). Unless otherwise acknowledged, the Company is the owner of all trade marks reproduced in this information.
- b. Members must not, and agree not to copy, modify, duplicate, reverse engineer, create completing services or work or display any of the Company’s intellectual property rights in the Website or App.
- a. As part of the membership application or on sign up to the App or Website, the Company may collect a Contractor or Client’s name, date of birth, phone number, address, email address, place of birth, photo identification details and other personal information and details (as applicable) (“Personal Data”).
b. The Company may use the Personal Data for the
- i. to provide Members information about a product or service;
- ii. to consider a Member’s request for a product or service;
- iii. to tell Member’s about other products or services;
- iv. to assist in arrangements with other organizations (such as loyalty partners);
- v. in relation to the promotion and provision of a product or service;
- vi. to perform administrative and operational tasks;
- vii. as required by relevant laws, regulations, codes and external payment systems;
- viii. to conduct relevant background checks.
- c. All membership applications require the receipt of complete and accurate Personal Data. Should the Company not receive this information it may be unable to accept membership.
- d. Members agree that certain Personal Data may be used and disclosed on the Website and App to allow the operation of the Services.
- e. Members are able to opt out of any direct marketing communication the Company may send by contacting the Company directly and requesting in writing that the Member would like to be removed from direct marketing mail list.
- f. Personal contact details stored on the Company, such as a Member’s email address, residential address and phone number may be accessed and updated by Members at any time.
- g. If a Member is experiencing problems when updating contact details, a Member may contact the Company directly for personal details to be updated.
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