- 1. Introduction
- 2. User license, registration and use
- 3. Subject of the babysitter & Conditions
- 4. reviews
- 5. Liability of Charly Cares
- 6. Liability of the user
- 7. Repeal, amendments, duration and termination of the user
- 8. Membership free trial periods, costs, termination and brokerage
- 9. Billing
- 10. Applicable law, court jurisdiction, invalidity and the right to amend
Article 1: Introduction
Charly Cares B.V. is located at Wijde Kapelsteeg 1, 1012 NS Amsterdam, telephone number: +31 (0)20-210 23 23 hereinafter “Charly Cares" manages the website/online platform www.charlycares.com / app.charlycares.com hereinafter “the platform” for flexible childcare services. Through the platform, the user, can find and book flexible babysitting services. A user is always the parent or legal guardian of the children for which the service is provided. The service, referred to as "Babysitter" is an individual who falls under the Settlement service at home, provides flexible babysitting service. Flexible is defined as: service without a permanent character or system, incidentally, last minute. The user will be asked to read the information of the Settlement service at home. This information can also be found on the platform under FAQ. After reading the information the user will be assessed to see if the conditions to book a Babysitter are met. Possible consequences of not meeting these conditions are at the expense and risk of the user. In order to use the services provided by Charly Cares the user is required to read the user Terms carefully, they can be saved and printed. Charly Cares primarily facilitates through the platform and its automated search tool in the creation of a commission contract for babysitting services between the user and the Babysitter ( 'the Babysitter agreement"). In this context Charly Cares acts as authorized representative for the Babysitter. Charly Cares accepts and confirms on behalf of the Babysitter (subject to approval by the Babysitter) a reservation request from the user. Charly Cares can second the payments of the user to Babysitter that facilitate through its enabled (third money) bank account, the online payment provider Adyen Trust Account established in Amsterdam, 'the Adyen" or any other Charly Cares enabled third.
Charly Cares does not interfere with the Babysitter’s decision whether or not to accept a user’s booking request. The user agrees upon 2 (two) basic contracts:
2. A separate agreement regarding all babysitting activities with the Babysitter, ''the Babysitter agreement". The Babysitter agreement is subject to separate terms and conditions specifically applicable to the Babysitter agreement, which can be found, saved and printed via www.charlycares.com .to top
Article 2: User license, registration and use
These Terms are applicable to the provisions agreed upon by the user and Charly Cares within the User agreement. Charly Cares B.V. is the manager of the platform and is located at Wijde Kapelsteeg 1, 1012 NS Amsterdam, tel. 020 - 210 23 23 and registered with the Amsterdam Chamber of Commerce (Kamer van Koophandel) under number 64647854.
1. Charly Cares’ principle activity is offering a platform for the supply and demand of flexible childcare services. Charly Cares additionally facilitates an automated search module through the platform at the conclusion of a Babysitter agreement between the user and the babysitter.
4. The User Profile is not transferable to third parties. Each User is allowed only 1 (one) User Profile. Charly Cares reserves the right, without having to state any reason, to delete a User Profile and/or to deny the User access to the platform. It is not allowed to create a new User Profile by a deleted User.
5. The platform meets the user in his/her needs for a babysitter or babysitting related services.
6. Charly Cares is entitled at any time and without having to state any reason, to change the platform features, delete or add new features, for example by enabling the use of certain functions only under certain conditions.
7. The user is prohibited to recruit other babysitting services or other services and/or approach Charly Cares babysitters on the platform in any other way than required by Charly Cares without approval from Charly Cares. If this occurs, Charly Cares shall immediately remove the user from the platform and in addition impose a fine of EUR 150, - per violation, to be payed immediately.to top
Article 3: Subject of the babysitter & Conditions
1. Charly Cares offers user the possibility to use the platform and to register with a user profile, to seek, find and book flexible childcare services.
2. Charly Cares provides user access to the automated search module on the Charly Cares platform, against payment of a fee, to come to an Agreement with the babysitter that has been selected by the user in his booking request. Charly Cares is not obligated to produce results of this facility or the selected babysitter. Charly Cares transmits the User’s booking request of user to a babysitter, who is registered as a babysitter at Charly Cares. The selected babysitter will decide fully autonomous if they will fulfill the Babysitting Service in accordance with the reservation request. User will independently give instructions regarding the Babysitting Services to be performed by the babysitter. Babysitter performs the Babysitter Service at their own discretion and responsibility. Charly Cares does not control or intervene in the services agreed upon by the babysitter and the user. There is no Contract of Employment between Charly Cares and the babysitter. If a babysitter rejects a booking request, the User may find and book a suitable replacement babysitter through the platform.
3. The actual fulfillment of the duties of the Babysitting Agreement (see GA for babysitter) are not controlled by Charly Cares and can therefore not be guaranteed to the User. The User should determine whether the Babysitting Services are performed in accordance with the Babysitter agreement. If the Babysitting Services were not performed in accordance with the Babysitter agreement, the User should immediately contact Charly Cares. Charly Cares will determine whether the request and/or complaint is well founded.
4. Charly Cares does not provide employers to perform the actual sitter service, but only provides an independent platform where supply and demand in Babysitting Services are aligned through an automated search formula. Second, Charly Cares provides the possibility to pay the babysitter via online payment provider Adyen. If a User offers a Babysitter agreement to a babysitter that is in violation of the Settlement service at home, Charly Cares will deem this as extraordinary grounds on which the Babysitter agreement is terminated immediately and without notice.
5. If a Babysitter agreement cannot or not fully be implemented in any way, Charly Cares could provide support in finding an alternative settlement as a form of extra service to the user and babysitter.
6. When a Babysitter agreement is established between user and a babysitter, Charly Cares will assume only the additional payment settlement services between the user and babysitter (see Terms Babysitter Convention), for which the user hereby explicitly gives consent to Charly Cares. The transaction fee for Charly Cares is built into the price for the booked Babysitting Service. The price is composed of the following parts: the day and/or evening hourly rate of the babysitter multiplied by the duration of the babysitting service PLUS the transaction fee for Charly Cares. The amount of the transaction fee that is charged by Charly Cares depends on the kind of 'Membership' that was chosen by the User. Article 8.6 will expand on this.
7. Questions and/or complaints by the user and/or babysitter about the implementation of the Babysitting Service and/or payments, should be passed on to Charly Cares through email@example.com. Charly Cares will determine in consultation with user and babysitter whether a complaint is justified and will assign possible reimbursement.
8. A babysitter who is known through Charly Cares and the associating platform will be exclusively contacted via the platform.
7. Our customer service is available Monday to Friday from 07:30AM until 21:30PM at +31 (0) 20 210 23 23 (local rate) Email: firstname.lastname@example.org. Outside office hours, access to our customer service is limited accessible.
Article 4: reviews
1. The user can leave ratings and reviews on the platform about the babysitter and the provided service(s).
2. Reviews must be based on demonstrable facts. The user must judge the babysitter reasonably and fairly objective. The user may not leave insults, libel or other irrelevant content that is contrary to morality, the law in general and in particular the Criminal Code. Reviews that do not meet these requirements will be removed. Reviews always express the user’s opinion and are never manifestations of Charly Cares. Charly Cares will audit reviews at random times. Substantiated complaints about reviews will be audited by Charly Charly and, if necessary, Charly Cares will provide support.
3. With the submission of the review, the user grants Charly Cares the right to use its review text unlimited in time and scope. Charly Cares is entitled to freely dispose of the review in particular to use and edit for further assessment services. The review will be published through the platform and be made accessible to third parties.
4. It is prohibited to manipulate the assessment system through unjustified repeated reviews, self-assessment or other review methods.
Article 5: Liability of Charly Cares
1. Charly Cares is not responsible and/or liable for the (proper) execution and/or completion of the Babysitter agreement by the babysitter and/or the user. The Babysitter agreement is an agreement between the babysitter and the user himself, said Charly Cares is not involved as a party. Any questions and/or complaints by the babysitter and/or user should be addressed to Charly Cares. Charly Cares will only assume a mediating role.
2. Charly Cares is not liable and/or responsible for the application and consequences of the Scheme Services to Home (Settlement service at home).
3. Charly Cares will implement their obligations under this User agreement to its best ability whilst exercising care towards the user, babysitter and others. In case the user suffers damages caused by a deficient implementation of this agreement, Charly Cares is only liable for damages suffered by the user through malice or gross negligence by Charly Cares. Any liability of Charly Cares towards users, babysitters and/or third parties for damages arising out of, or related to, the implementation of this agreement is limited to the amount paid under the Charly Cares liability insurance that is or may be paid by its insurer in this specific case. Failing to do so (for whatever reason), the damage will amount up to three times the value of the last recorded Babysitting Service.
4. The total liability of Charly Cares for direct damages due to accountable shortcomings with regard to the correct, complete and timely placement of the advertisement is limited to the amount paid for the annual fee with a maximum of three times the annual fee.
5. Charly Cares is never liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to loss of data, in any way caused by and/or arising from the use of the platform.
6. More specifically, Charly Cares will not be liable in any way for any damages, caused by and/or resulting in any way from:
a) Acts you have carried out, such as concluding an Agreement that came into being is through the use of the platform;
b) The inability to use the website imputable to Charly Cares or defects in the equipment or software used by Charly Cares.
c) Incorrect, incomplete or not up to date information on the website and/or in the file.
d) Unlawful use by a third party of the systems by Charly Cares, including the website and the platform;
e) Acts of the other party that take place after an agreement has been established through the platform.to top
Article 6: Liability of the user
2. Charly Cares shall keep this information for inspection in the User profile, including information about the booked services, during the term of the User agreement during which the User will keep the possibility to modify the data. The user will need to login with their email address and password to access this section of the platform.
Article 7: Repeal, amendments, duration and termination of the user
1. Because the User agreement between the user and Charly Cares is established under the Distance Selling Act (Wet Koop op Afstand), the user, i.e. consumer, in principle has the right to withdraw from the User agreement. Withdrawal should take place within fourteen days after the conclusion of this User agreement, as set out in Article 1.1, by notifying Charly Cares of the withdrawal through a clearly written email. Withdrawal is no longer possible when the implementation of the Babysitting Services in accordance with the "Terms and Conditions applicable to the Babysitter", have started within the aforementioned period of fourteen days.
2. Charly Cares is entitled to change the Babysitter agreement in accordance with legal regulations. Such changes are considered accepted by the user and will enter into force under the current Babysitter agreement, if Charly Cares gives notice of the change(s) to the user in readable format and the user has not challenged these changes within four weeks from receipt of the notice. Changes are not retroactive (changes always apply to the future).
3. The duration of the User agreement is unlimited. The User agreement can be terminated in writing by the user or by Charly Cares taking into account a notice period of two weeks before the end of the month. Notwithstanding the provisions of this paragraph, the right to the immediate termination of the user on substantial grounds shall continue to exist. Termination of the User agreement does not affect the already concluded Babysitter agreement.
4. Cancellation of the booked babysitting service, based on the general conditions applicable to the Babysitter agreement, such as selecting a different time period or babysitter or to completely renounce the booking, is free of charge until 24 hours before the start of the babysitting service,
5. If the user cancels within 24 to 6 hours before the Babysitting service, Charly Cares charges a cancellation fee.
6. If the user cancels within 6 hours to 1 hour before the start of the booked service, Charly Cares will charge a handling fee amounting to 1 hour equivalent to the hourly rate representing the first hour of the babysitting service on behalf of the babysitter, plus the cancellation fee for Charly Cares.
7. If the user cancels within 3 hours before the start of the booked service, Charly Cares will charge a handling fee amounting to 1 hours equal to the hourly rate representing the first hour of babysitting service on behalf of the babysitter, plus the cancellation fee for Charly Cares.
8. The amount of the cancellation fee is equal to the transaction fee and is dependent on the selected 'Membership'.to top
Article 8: Membership free trial periods, costs, termination and brokerage
To access the platform a user is required to subscribe to a Membership. Charly Cares offers the user two options:
One possibility for a user to access the platform is to choose a subscription, which can start with a free trial and / or entering a valid promotional code. This subscription is continued on a monthly bases until the User denounces the subscription or it is terminated by Charly Cares. The User can make unlimited bookings and will pay a transaction fee after each babysitting service.
1.2 One-time booking
Another possibility to gain access to the platform as a User is to choose a single booking membership, hereinafter referred to as “one-time booking". By choosing a one-time booking the User gaines (a one-time) access to the platform without a subscription. The User will pay service and transaction fees after each babysitting service. The User Profile will remain active until it is denounced by the User or terminated by Charly Cares.
2. Free trial:
A “subscription" can start with a free trial period which is intended for new members and will only be provided one time. The free trial lasts for 20 days or as specified during registration. Charly Cares reserves the right to determine at their own discretion if the user qualifies for a free trial. The user will not be notified when the free trial period has ended, or when payments for the subscription commence.
The user should cancel the subscription before its monthly renewal to avoid additional subscription fees. To edit or cancel a subscription, go to the platform > 'My payments > Membership > 1. Your membership '>' Change '. Charly Cares handles a notice period of one (1) month from the start date of the subscription.
Example of a termination by a user: monthly extension date is set on the 14th => termination June 18 > end subscription July 13 - 24: 00h
4. Right of withdrawal
The user gives explicit permission for the start of the subscription immediately after clicking ‘finish’ during registration, after linking their bank details. This allows the user immediate access to the platform and the user can send a booking request immediately. In addition, the User forfeits the right of withdrawal. This does not affect the right to to cancel the subscription at any time.
5. Costs after each babysitting service
IN addition to the subscription costs, Charly Cares charges a small transaction fee for every Babysitting Service, (or late cancellation). For a one-time booking, Charly Cares charges a higher transaction fee for each babysitting service. You can find a summery of the transaction fees on the website under "Rate".
Article 9: Billing
1. Billing subscription
When the user chooses a monthly subscription, Charly Cares is authorized to write off the monthly subscription fee at the applicable rate via Adyen. The user authorizes Charly Cares to charge such varying charges on a monthly bases or in installments through Adyen.
2. Billing after Babysitting Services
Charly Cares is authorized to write off any (further) payments through Adyen on behalf of the babysitter at the day and/or evening hourly rate, agreed upon in the Babysitter agreement multiplied by the actual babysitting duration, plus the transaction fee for Charly Cares at the conclusion of the Babysitting Services. The user authorizes Charly Cares to collect these varying payments on behalf babysitter through Adyen.
3. Tariff and/or price change
Charly Cares reserves the right to modify prices and parts thereof for service in any way and at any time at its own discretion. Price changes commence after at least 30 days after the user has been given notice via email.
4. Billing Cycle
5. No refunds
Charly Cares does not conduct refund or credit for partially used services. After termination of a subscription the user retains access to the service until the end of the last billing period. Charly Cares may at any time for any reason provide a refund, discount or other compensation to the babysitters on the platform ( "credit"). The amount and form of this credit and the decision to make this is at the sole discretion of Charly Cares.to top
Article 10: Applicable law, court jurisdiction, invalidity and the right to amend
1. With regard to the User's Agreement, the Dutch legislation is in force.
2. In the event of a dispute between Charly Cares and the user and/or between Charly Cares and the babysitter, this will be submitted to and settled by the court in Amsterdam.
3. Should any of these provisions, for whatever reason be found to be invalid, this does not affect the validity of the remaining provision (s) in this User agreement.
4. Charly Cares reserves the right to modify this User agreement from time to time.
- DISCLAIMER -
" This agreement was translated from the original Dutch text. Despite the fact that we have translated the original text with great caution, there may be a few translation or interpretation errors in the translated text. The original Dutch text prevails at all times."to top