5 Sep 2010



Terms and Conditions

These terms and conditions contain important information about your obligations and rights with regards to this website. Please read them carefully.

  1. Introduction

    2. As a member, you are required to read the Terms and Conditions and privacy statement in full prior to use of the babysittingclub.co.nz website (the "Site") and the Services the Site provides. In these Terms and Conditions, whenever we say "we", "us", "our" or "babysittingclub.co.nz" we are referring to the owners of the Babysitting Club Site. Whenever we say "you", "your" or "users" we are referring to you, the anonymous or authenticated user of our Site. This includes your partner if you have included them as a named person on your membership or if you have provided them (with your username and password for access to this site).

  2. Nature of this website

    3. The Site provides a facility for groups of people (typically known to each other) to form a babysitting club. This facility is made up of various Functions provided via the Site. The Site facilitates a babysitting group via these functions; however, there are aspects of a functioning babysitter group that require offline (human or face-to-face) interaction. The Site itself does not provide or attempt to provide all services a babysitting group requires. For example, some group-based policies should be formed such as a group's rule regarding admitting new members to the group, how a departure from the group by a person in debt is to be handled etc). Review the Guidelines page for more on this.

    It is solely your responsibility to determine the suitability of the Site and the Services for the purpose you wish to use it. Further, it is solely your responsibility to determine the accuracy and completeness of the Site and Services for the purpose you wish to use it.

  3. Acceptance of these terms and conditions

    4. Each time you use the Site, you are making three key statements to us:

    • That you have read the Terms and Conditions as published on the Site.
    • That you agree to all Terms and Conditions as published on the Site at the time of use.
    • That you have read and understood how it works and understand fully what Services you can expect from this Site.

    If you do not agree with any aspect of the Site's Terms and Conditions, your option is to cease use of the Site.

  4. Your responsibilities

    5. At all times, you will:

    • Conduct your activity on this Site within New Zealand law.
    • Behave fairly and equitably in all interactions with your fellow group members.
    • Ensure that your computer system meets the relevant technical specifications necessary to use the Site.
    • Take full responsibility for the protection of your computer system from malicious electronic activity (such as adware, viruses, spyware and worms).
    • Observe all Terms and Conditions of use.
    • Submit a request to withdraw from a group membership (and therefore cease your use of the Site) within one calendar month of your paid-up membership activation date should you find that the Services provided by the Site are not as expected or not functioning as required. If this request is received within one calendar month of your paid-up membership activation date, you will expect a full refund of the annual membership fee from the Site owner. If this request is received after one calendar month of your paid-up membership activation date, you accept that no refund will be made.
    • Arrange for a nominated replacement coordinator to be appointed and notified to us via the Contact Us page should your current group coordinator depart the group for any reason.
    • NOT attempt to hack, modify, delete, adapt or change in any way the Site or the Services provided by the Site.
    • NOT attempt to replicate the Site or Services for the purposes of competing with this Site in New Zealand or any other Country.
    • NOT provide your username or password for access to this Site to any one other than the partner on your membership.
    • Take all reasonable measures to keep your password secure and secret, and change your password should you believe it to have been compromised.
  5. Our responsibilities

    6. We will:

    • Provide one month free membership to all new members.
    • Provide an email reminder prior to a free membership expiring.
    • Attempt to 'activate' all membership renewals within 24 hours of receiving your annual membership payment. This time may vary depending on volumes.
    • Provide the services described in the Site's supporting content.
    • Act to resolve any reported malfunctions with best-efforts.
    • Attempt to respond to all email queries within 48 hours of receipt. This time may vary depending on volumes.
    • Honour a request from you (made via the Contact Us page) to withdraw from a group (and therefore cease your use of the Site) and receive a full refund, only when that request is received within one calendar month of the paid-up membership activation date.
  6. Modification of these terms and conditions

    7. We reserve the right to amend and re-publish the Terms and Conditions for use of the Site at any time and without prior notice. We will attempt to communicate any non-trivial amendment of these Terms and Conditions to you; however, it remains your responsibility to keep informed of the Site's Terms and Conditions.

  7. Modification of the website and the services provided

    8. We reserve the right to alter, suspend, extend or discontinue any aspect of the Site or the Services provided by the Site, at any time. We also reserve the right to suspend or discontinue your access to the Site at any time, with good reason. Good reason shall include but not be limited to such events as illegal use of the Site or its Services, non-compliance with your responsibilities under these Terms and Conditions, and use of the Site that affects other Site users in an undesirable way.

    Unless otherwise advised, any extension to the Services currently provided by the Site will also be subject to these Terms and Conditions.

  8. Modification of pricing

    9. We reserve the right to amend the cost of membership to the Site's Services. Any price change will only apply to new or re-newed memberships after the point in time the price is altered. Current, paid-up memberships will not be affected by any price change until they expire.

  9. Availability of the website and the services provided

    10. While all efforts are made to ensure the Site and its Services are available continuously, this is not guaranteed. Service may be interrupted from time to time by events outside of our control. Every effort will be made to minimise Site outages caused by events within our control.

  10. Copyright and intellectual property rights

    11. The contents of the Site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Simon Ferrari. You may not copy, reproduce, modify, republish, upload, download, post, transmit or distribute by any means or in any manner any material on or downloaded from the Site. This includes but is not limited to HTML, software, data, text, and images.

  11. Legal jurisdiction

    12. These Terms and Conditions and the Services provided by the Site are governed by and to be interpreted under New Zealand law. In the event of any dispute arising from these Terms and Conditions or the use of the Site, the New Zealand courts will have non-exclusive jurisdiction over such disputes.

  12. Membership

    13. The babysitting group facility provided by the Site is only available to registered members of a group. We reserve the right to reject an application for membership, or to withdraw a membership (for good reason) at any time. Where a membership request to join an existing group is received, the Group members have the right to reject the application without reason and at any time during the application process. Applications to join a group must be approved by the group. Once an application has been approved by the group, a one month free membership is activated. If the member wishes to extend their free membership for a year, they should make payment to the owner of the Site for an annual membership. A reminder notice including instructions on how to make this payment will be sent prior to the expiry date. Once payment has been received, the membership request will be "re-activated" for live use. Payment is for one calendar year from the date your membership is re-activated. Your annual membership will be expired after one year if it is not renewed before the anniversary of your last payment. Any group policy on departing members with negative balances etc is outside the jurisdiction of the Site and the Services it provides.

  13. Liability

    14. The Site and the Services provided by the Site are provided on an "as is" basis. We do not make any express or implied guarantee or warranty regarding the correct operation of the Site. To the fullest extent permissible by law, we will not be liable to any Users for any loss, damage or malfunction of any nature whatsoever and howsoever arising out of in connection with viewing or using the Site. This includes but is not limited to any loss or damage resulting from an error, inaccuracy, omission, hardware fault or software fault whether caused by the owner of the Site or any staff, agent or sub-contractor engaged by the Site owner.

    Further, the Site and the Site Owner are not liable for any damage, harm, delays or any other such events resulting from the use of the Site.

  14. Notices to and from the website

    15. All notices from you to us must be given by email via the Contact Us page. All notices from us to you will be given by email to the email address supplied by you during your membership request (or as updated by you or your group coordinator after the initial membership request). Notice will be deemed to have been received 24 hours after the email was sent.

  15. Miscellaneous

    16. The Site provides a framework for you to conduct an online babysitting group. The transactions executed between you and your fellow group members are the group's responsibility and the Site owner has no responsibility for those transactions.

Any queries regarding these Terms and Conditions should be submitted to us via the Contact Us page.