Sitta Limited Terms and Conditions

Last updated 11 September 2017-09-12

These terms and conditions relate to Sitta Limited and the Sitta App.

 

Definitions

  1. “Client” means the person(s), family, or entity with whom SITTA enters into an agreement for the purposes of providing Services.
  2. “Sitter” means the person who is to undertake the Services for a Client.
  3. “Intermediary” means the relationship between SITTA, the Client and the Sitter, with SITTA being an intermediary connecting a Client to a Sitter.
  4. “Services” means services relating to babysitting or caring for a child, on a casual or regular basis.
  5. “User” means a Client or Sitter who has registered on the Website or App.
  6. “Website” means the online medium of the domain of “Sitta.me”, which operates the business of SITTA.
  7. “App” means the installed application on a smart phone, tablet, or any other device capable of running the App, available for download, which operates the business of SITTA.
  8. “Scheduled Time” means the time that the Client and Sitter have agreed that the Sitter will perform Services for the Client.
  9. “Actual time” means the time plus or minus the Scheduled Time, which is rounded to the nearest minute
  10. “Intellectual Property” means all and any intellectual property rights conferred on SITTA, whether existing now or at any time in the future in relation to the Website, the App, or otherwise. This includes but is not limited to copyright, databases, business processes, designs, concepts, ideas, methods, copyright or invention.

 

Acceptance of Terms and conditions 

  1. The access and use of the Website and App is governed by these terms and conditions (“the Terms”).
  2. SITTA reserves the right to change the Terms at any time. Such amendments will have effect on the date that the amendments are made and uploaded to the Website and App.
  3. A notice will be emailed to all Users notifying the change of the Terms.
  4. A User’s continued use of the App or website will be deemed to constitute your acceptance of the new Terms.
  5. In the event that a User does not agree with the new Terms, they should discontinue their use with immediate effect.

 

Client Requirements

  1. SITTA provides access to Sitter matching services available through the Website or the App.
  2. Both Users and Sitters are required to register as Clients, in order to access the Website or App.
  3. Sitters must be aged 18 or over and be legally permitted to work in New Zealand. Sitters must submit personal details including, but not limited to, photo identification and other personal information.
  4. Sitters are not permitted to create more than one profile on the Website or App. Sitters are not permitted to share their Clients details with other Sitters or other persons. Sitters are not permitted to
    sub-contract the Services to any other person at any time.
  5. Users are not permitted to create more than one profile on the Website or App. It is preferred that Users create one profile for their family.
  6. The Website or App is for the personal use of individual Users only. Babysitting agencies and organisations, including childcare centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as Users or Sitters on the Website or App.
  7. When registering with SITTA, Users warrant that they have provided accurate, complete and up to date information as requested. Information provided will be treated in accordance with the Privacy Policy.
  8. Users are responsible for maintaining the confidentiality and security of their own login and password details and are wholly responsible for all activities that occur under their login and password. Userare required to exit their account at the end of each session.
  9. Users agree to immediately advise SITTA of any unauthorised use of their login and password.
  10. SITTA may, at any time, request a form of identification to verify the identity of a User.
  11. Sitters are a representative of SITTA at all times and are required to act appropriately, particularly on social media. It will not be acceptable to post comments online that bring SITTA or Users into disrepute whether that be specifically in relation to SITTA or generally.

 

The Service

  1. SITTA is a matching and payment service. SITTA acts as an intermediary between Users and Sitters.
  2. Sitters create profiles on the App which display their skills for the Services. This enables User to search for Sitters based on location and child-minding requirements.
  3. Sitters are independent contractors and are not employed by SITTA.
  4. Sitters and Users shall not arrange for the Sitters to provide Services to the Client outside of the app.
  5. Users are wholly responsible for all aspects of selecting and booking a Sitter.
  6. SITTA is not responsible for the conduct of any User using the Website or the App, either online or offline.

 

Conduct

  1. Users agree not to engage in any unbecoming conduct, which includes but is not limited to conduct that is unlawful, harmful, threatening, defamatory, obscene, abusive, or inappropriate. Whether or not conduct is considered to be unbecoming or inappropriate is at the sole discretion of SITTA.
  2. Should a User experience problems with other Users on the Website or the App, Users are encouraged to make a complaint in accordance with the Complaints Procedure.
  3. Sitters are not permitted to have guests at the Client’s property while they are performing Services.
  4. Sitters are not permitted to share their phone with children while performing Services.
  5. The Sitter is not permitted to leave the Client’s property without the return of the Client or alternatively written permission of the Client.

 

Intellectual Property

  1. Users agree not to copy, modify, duplicate, create derivative works, republish, display, transmit or distribute all or any part of SITTA’s Intellectual Property.

 

Account Suspension or Termination

  1. All Users have the ability to post feedback and ratings through the Website or App or submit a complaint to SITTA.
  2. SITTA reserves the right to public feedback on the Website, the App, or any other medium, at its sole discretion. When doing so this will be in accordance with the Privacy Policy.
  3. SITTA may, at its sole direction, suspend or terminate a Client for any reason, with or without notice. Reasons for suspension or termination may include (but not be limited to) breaches to the Conduct clause, as a result of assessing a complaint in accordance with the Dispute Resolution Process, or for any other conduct that may bring or is likely to bring SITTA into disrepute.
  4. If a User is suspended from the Website or App that User may have their profile removed for that period of suspension.
  5. As part of the Complaints Procedure, SITTA may conduct an investigation into the conduct of any User.
  6. If a Client is terminated, SITTA is not required to agree to reinstate the Client. Any reinstatement is at SITTA’s sole discretion.
  7. SITTA reserves the right to, without limitation, permanently or temporarily hide part or all of the profile, modify the profile, or permanently or temporarily block access to all or part of the Website or App.
  8. SITTA may deactivate a Client if it is inactive for a period of 18 months or more, from the date of last use.
  9. A User may terminate their Client at any time by following the process outlined in the Support Section of the Website or App.

 

Complaints Procedure

  1. If a User wishes to make a complaint they are required to follow the Dispute Resolution Process. Should a dispute arise, Userare encouraged to contact SITTA immediately. SITTA will investigate the dispute and make a decision on the issue as SITTA considers appropriate.
  2. The Dispute Resolution process is as follows:
    1. User submits a complaint or dispute through Website or App. Users must outline the complaint with sufficient detail and include written examples if appropriate.
    2. Once the dispute is submitted it will be reviewed by SITTA within 48 hours of receipt. Urgent complaints will be reviewed as soon as possible.
    3. SITTA may contact either party for further information as part of the investigation.
    4. SITTA will make a final decision on the matter as it considers appropriate. This may include the termination or suspension of a Client.

 

Warranties

  1. SITTA undertakes to verify identity and drivers licence.
  2. However, SITTA does not warrant any Sitter’s suitability to provide the Services, including but not limited to honesty, capability or character of any Sitter.
  3. SITTA makes no warranties or representations as to the quality, accuracy or completeness of the content on the Website of App or the information otherwise provided by a User.
  4. SITTA shall use reasonable endeavours to ensure that the Website or App is available 24 hours a day, but does not warrant that such availability will be provided at all times. Access may be interrupted temporarily without notice for error, system failure or maintenance.

 

Liability and Acceptance of Risk

  1. Users are wholly responsible for their participation on the Website or App.
  2. SITTA is not responsible for, and accepts no liability in relation to Clients’ use of the Website or App, in any circumstance. Users are solely responsible for the content that is transmitted or posted either on the Website or App or to any other User, including Clients’ reliance on such content.
  3. SITTA shall not be liable for any damage or loss whether incidental, consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by a User or any other person arising directly or indirectly out of the Services and any associated activities, including the use of the Website and App.
  4. The User agrees to defend and indemnify SITTA against any claims, damages, costs, liabilities and expenses and liability asserted against SITTA including without limitation any actual or threatened suit, demand or claim, to the extent that such claim arises from or relates to the Services or any associated activities, including the use of the Website and App.
  5. The SITTA Website or App may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the SITTA Website or App is the User’s own risk. SITTA accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in third party advertisements or on any third party sites.

 

Health and Safety

  1. SITTA will, at all times, have in place and exercise appropriate health and safety standards and policies. SITTA is committed to ensuring that the safety of the User is its priority.
  2. However, Users acknowledge that they are responsible for their own health and safety. Sitters should have their own policies and procedures in place to ensure their safety in the workplace.

 

Client Obligations

  1. All bookings must be made directly between the Client and the Sitter by use of the App. All correspondence will be conducted between User on the messaging service provided on the App.
  2. The Client agrees that payment is made to SITTA directly at the completion of a booking.
  3. The Client agrees that the number of hours will be indicated by the Client at the time of booking, and the confirmed number of hours will be submitted by the Sitter once the services have been completed. The Client will be charged in accordance with the hourly rate. If a Sitter is required for more hours than initially indicated, the rate will be charged to the nearest minute.
  4. The User acknowledges and agrees to their nominated credit card being charged by SITTA upon confirmation and completion of any booking.
  5. In the event that a credit card fails for any reason the user will not be able to make another booking untill the user provides payment.
  6. The Client understands and agrees that Sitters must be provided with an occupationally safe environment. This is the sole responsibility of the Client who will bear all risk and liability in circumstances of injury to the Sitter.
  7. The Client shall have the necessary Home and Contents insurance to cover any incidences of property damage including fire damage. Under no circumstances will SITTA be liable for any damage to a Client’s property as a result of the Sitter including any injury, illness or death caused by the actions of a Sitter.
  8. The Client agrees that they will continue to be available from time to time while the Sitter is performing the Services, so that they can be contacted in the event of an emergency.
  9. Client’s accept that a Sitter may select to decline or cancel a booking. This is within the Sitter’s discretion.

 

Fees

  1. Fees are payable in New Zealand dollars and charges to a Client’s credit card at the completion of a job.
  2. Once the Services have been performed, the Sitter will provide SITTA with a “Completion Confirmation” to confirm that the Services have been provided and advise of the total length of time the Services were provided for the purposes of billing.
  3. Fees are as follows:
    1. $23 per hour a Sitter is required to perform the Services;
  4. All fees are inclusive of GST, if any.
  5. The Client will be charged a minimum of three hours per job for each booking.
  6. If a Sitter is required to stay overnight, the rate is $23 per hour regardless.
  7. Overdue accounts will incur a penalty interest of 22% per annum. If referred to a collection agency additional costs will be incurred, at the Client’s cost.

 

Cancellation Policy

  1. Should booking be cancelled by the Client with less than 24 hours’ notice of the scheduled commencement time, the Client’s credit card will be charged for three hours of the Services.
  2. If a booking is cancelled further in advance than 24 hours by the Client, no charges will be applied to the credit card.
  3. If a booking is cancelled by the Sitter the Refund Policy will apply.
  4. If a Sitter fails to turn up to perform the Services as agreed or cancels a booking, SITTA shall not be held responsible however will make reasonable endeavours to find another Sitter to perform the Services as required with agreement by the Client.
  5. SITTA reserves the right to cancel the Services immediately should it become apparent that a Sitter is being mistreated in any way or found to be working in an unsafe working environment. No refund will be provided in these circumstances.

 

Refund Policy

  1. In the event that a confirmed Sitter fails to show up for a confirmed booking to perform the Services without providing a cancellation notice, no charge will be made against the Users credit card.
  2. Where a Sitter arrives late to perform the Services, only the time that the sitter is active will be charged against the Users credit card.
  3. In the circumstance where a Client arrives home before the scheduled time, only the time that the sitter is active will be charged against the Usercredit card. The minimum booking fee of 3 hours will be applied.

 

Privacy Policy

  1. SITTA collects your name, date of birth, phone number, residential address, email address, (“Personal Data”) and may use the Personal Data for the following purposes:
    1. to provide you information about a product or service;
    2. to consider your request for a product or service;
    3. to tell you about other products or services;
    4. to assist in arrangements with other organisations (such as loyalty partners);
    5. in relation to the promotion and provision of a product or service;
    6. to perform administrative and operational tasks;
    7. as required by relevant laws, regulations, codes and external payment systems;
    8. to conduct relevant background checks.
  2. Should all of the information requested not be provided SITTA may be unable to provide you with a complete and accurate service.
  3. You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
  4. Individual profile and personal contact details are not used for any purpose other than as reasonably necessary for the services provided by the website. The services provided by this website require the disclosure of certain personal information to allow Users to effectively use the Website and App.
  5. Some personal contact details will be available for viewing by other Users on the website, such as your name and suburb location. Specific residential address and mobile number will only be available to Users in the event of a confirmed booking and for the purpose of performance of services.
  6. Personal contact details stored on the website such as your email address, residential address and phone number may be accessed and updated by you at any time.
  7. If you are experiencing problems when updating your contact details, you may contact SITTA directly for personal details to be updated.
  8. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to New Zealand Privacy Laws.
  9. Personal Data will be disclosed to other Users in accordance with the Terms and Conditions.
  10. For Sitters, SITTA is required to disclose name, bank account and identity document with the payment provider.
  11. It may be necessary from time to time to disclose personal information to comply with obligations as required by law.
  12. SITTA does not and will not sell or deal in personal or customer information. Personal Data will not be disclosed to a third party unless as outlined in the terms and conditions. SITTA may, however, use in a general sense without any reference to your name, personal information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
  13. If SITTA receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.