Terms of Service
Terms of Use
This Terms of Use agreement is effective as of 1 Jun 2022.
1. Acceptance
1.1. By using and / or browsing the Platform, you agree that you have read, understood and agree to be bound by these Terms of Use.
We may engage third party service providers to assist us in operating our platform.
If you do not agree with these Terms of Use, in while or in part, please discontinue using and / or browsing our Platform immediately.
These Terms of Use shall be deemed to include our Privacy Policy, any Additional Policies and terms and conditions of our Third Party Service Providers. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.
2. Definitions
“Company”, “We”, “Our”, “Us”, “NannyStreet” means Nanny Street Pte. Ltd. We are company incorporated under Singapore Law with UEN number of 201813668k. We are approved Employment Agency by Ministry of Manpower (MOM) with Employment Agency Number of 18C9216. Our address registered address is at 300, TAMPINES AVENUE 5, #09-02, INCOME AT TAMPINES JUNCTION, Singapore – 529653
“Platform” means Mobile Apps (NannyStreet mobile application), Website (www.nannystreet.com) and related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.
“Nanny”, “Confinement Nanny”, “Confinement Lady”, “Babysitter”, “Nannies”, “Confinement Nannies”, “Confinement Ladies”, “Babysitters” mean the person who take care of newborn or children.
“User”, “You” or “Your” means individual who accesses the Platform whether as a Service User or Nanny Service
“Service” means the confinement nanny, babysitting or nanny service or any other service offered and / or to be rendered to a Service User;
“Service User” means any individual used platform or submitted a request for Nanny services offered by Nanny, via the Platform, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Nanny via the Platform;
“Nanny Service” means any nanny that has signed up to offer their Service to the general public and to Service Users via platform or other services provided by NannyStreet;
“Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Platform, whether as a Service User or Nanny Service;
“Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;
“Third Party Service Providers” means external service providers who have entered into service agreements with us to assist us in operating our Mobile App or Website; providing our Services to you; or conducting our business generally.
“Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Platform and which is made known to you from time to time;
“Private Job” means any Service Request Job or arrangement, engagement and/or transaction for services made by and between a User and a Nanny privately and externally without the use of the Platform.
3. Function and Purpose
3.1. User acknowledge that the NannyStreet as an online platform for user to connect to Nanny for the purpose of transacting to respectively receive and provide Service User.
4. User Representation
4.1 By using or participating in the platform, you represent, warrant and undertake that:
a) you are at least eighteen (18) years of age;
b) you are or intend to be either a Service User or Nanny Service;
c) you have the authority to enter into and accept these Terms of Use;
d) all registration or other information that you are required to submit in order to gain full use of this Platform for your intended purpose as a Service User or Nanny Service is true and accurate and that you will maintain the accuracy of such information;
e) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation which you are subject to; and
f) you agree to make payment, if required, for any Services requested through the use of the Platform (if any)
5. License to Access
5.1. We hereby grants you a non-exclusive, revocable license to use the Platform as set forth in these Terms of Use, provided however that:
a) you will not copy, distribute, or make derivative works of the Platform in any medium without our prior written consent;
b) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Website for its intended purposes; and
c) you will otherwise act in accordance with these Terms of Use and with all applicable laws.
6. Platform & Nanny Services Usage
6.1. You expressly acknowledge and agree that in connection with the Platform & Services:
a) It is the responsibility of User to choose a Nanny and negotiate the terms of any agreement including but not limited to prices between you and the Nanny selected, and no warranty and/or representation is made by NannyStreet regarding any services received or any transactions entered into through the Platform.
b) No warranty and/or representation is made by NannyStreet to the accuracy, recentness or completeness of any User Profile, and relies solely on information provided by a User.
c) No User is employed, verified, recommended or endorsed by NannyStreet, and we solely rely on data provided by Users to determine which User or Nanny are registered on Platform, Whatsapp or Wechat.
d) NannyStreet does not guarantee, and makes no warranty and/or representation that Nanny listed in the Platform is competent for a Nanny Service, where such competency includes whether a Nanny has certain qualifications or accreditations.
e) NannyStreet does not guarantee, and makes no warranty and/or representation that a Nanny who accepted offer will contact you and/or accept the Job.
f) NannyStreet does not guarantee that information obtained from the Platform or in any communication from us, including but not limited to Text Messages, Voice Call Recording, Video Call Recording, Emails and letters, is verified, accurate, current, comprehensive, or complete and may contain typographical, inaccuracies, human and/or machine errors, or omissions. NannyStreet solely provides the function to help you connect with Nanny or User (as the case may be) and you shall:
i. As a User, you are responsible for choosing an appropriate Nanny. All inquiries or requesting evidence of personal identity and any specific trade or professional qualifications where necessary is under the responsibility of User. User also responsible for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Nanny; and
ii. As a Nanny, you are responsible for accepting a Nanny Service by an appropriate User. Nanny also responsible for complying with all applicable laws in respect of any contractual relationship you wish to establish with any User.
(g) NannyStreet does not verify and guarantee any trade accreditation or registration (or the validity thereof) provided by Nanny and shall not be held liable for any such verification or guarantee or the failure to provide the same.h) In the case you are seeking care on behalf of another person (“care recipient”), you warrant and agree that you are fully and lawfully authorised to furnish any and all personal information concerning the care recipient, including agreeing to these Terms of Use.
(i) NannyStreet does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license.
6.2. In addition to 6.1 above, by using this Platform as a Nanny, you expressly acknowledge and agree that:
(a) NannyStreet makes no warranty, guarantee and/or representation that it will refer any Nanny Service job to Nanny.
(b) NannyStreet makes no warranty and/or representation as to the suitability or availability of any particular Job.
(c) When a specific trade accreditation, qualification or registration is requested by User for any particular Job, Nanny shall provide the related document of the relevant accreditation, qualification or registration prior to commencement of the Nanny Service to the User at Nanny own cost.
(d) Nanny is subjected to Platform usage fees for introduction, arrangement, engagement and/or transaction for service. NannyStreet reserves the right to charge usage fees for such facilities at its sole discretion and by using the Platform, Nanny agrees to pay any such fees as NannyStreet may notify Nanny and prescribe from time to time.
(e) Nanny must make sure that he or she are physically and legally able to perform the work specified in any particular Job.
(f) NannyStreet shall not be held liable for any occurrence resulting from any specific Job, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by Nanny howsoever arising.
6.3. NannyStreet reserves the right to terminate any User’s account for suspicion of any breach of the provisions contained in this Clause 6, without giving notice. Information and/or data from the said terminated User’s account shall be dealt with pursuant to the PDPA.
6.4. User need to ensure that have necessary work permit so that nanny is allowed to work (if is foreigner). Can engaged platform to apply work permit.
6.5. User are liable to Nanny hospitalization bill up to $15,000. User can tap on Platform to purchase Nanny Insurance to protect yourself.
6.6. User need to pay levy to MOM directly. $2/day for Singaporean & about $10/day for Non Singaporean User. Current month levy will be charged at around 8th day subsequent month. User will receive either SMS from or letter from MOM about payment. Once the permit cancelled, then only levy will stop charging.
6.7. User is an official Employer of Nanny and bounded by basic Work Permit Condition & Employment of Foreign Manpower Act.
6.8. User need to check Nanny job availability before and after your EDD and how Nanny will prioritize their Nanny Service job. Some nanny would priorities first come first serve basis who make deposit payment first, while other prioritize user before your EDD despite you pay first. Some will only wait before and after 7 days EDD. In event early birth or late birth, when Nanny not available, will nanny have peer to replace or would want NannyStreet to help to find replacement (subject to NannyStreet availability).
6.9. Nanny are not allowed to pass the Nanny Service job agreed (paid deposit) with User to another Nanny regardless whether Nanny gain monetary or not from the transaction. There is common practice Nanny pass job to another Nanny and gained commision which will caused a lot unnecessary problem in term of job performance. Nanny are only allowed to find another temporary who can replace them for maximum of 7 days in the event User early or birth than EDD and subject to approval from User. Temporary nanny would be compensated with the rate same as the main Nanny negotiated to avoid Nanny to gain monetary from their absence. The day where temporary nanny exit and main Nanny enter or vice versa, the salary will be half for temporary nanny and half for main Nanny. For the Temporary Nanny, user need to apply permit for the temporary nanny or can engage Platform to apply on behalf of User with minimal processing fee & fee to MOM.
6.10. If the Nanny due to unforeseen circumstance (sick with medical letter, family member sick, hospitalized with medical letter or pass away), Nanny can inform User and Platform. Platform will help User to find another replacement Nanny. Nanny would need to return the Deposit Paid to Platform so that to pass to another replacement Nanny.
6.11. Nanny and User negotiation through the Platform (chat message, voice message, voice call and video call) will act as contract that bind them. Nanny and User would need to honor the term negotiated.
6.12. User would need to pay balance agreed payment once the finished Nanny Service Job directly to Nanny on the last day of service.
6.13. User and client would need to discuss the term in event early termination, how would be the calculation be computed. In the event no discussion been made, will pro-rate.
6.14. Payment paid on Platform are final and non-refundable except miscarriage with official letter from doctor or hospital.
6.15. Nanny is subjected to Platform usage fees for introduction, arrangement, engagement and/or transaction for service. NannyStreet reserves the right to charge usage fees for such facilities at its sole discretion and by using the Platform, you agree to pay any such fees as NannyStreet may notify to you and prescribe from time to time.
7. Your Submitted Content – Prohibitions, Representations and Warranties
7.1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Platform, the Service, the Nanny Service, or the Service User (collectively referred to as “Submitted Content”) that
a) misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Nanny Service, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
b) invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
c) contains falsehoods or misrepresentations that could damage NannyStreet or any third party;
d) is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
e) is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant NannyStreet all of the license rights granted therein;
f) is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
g) intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers through any means;
h) advertises or solicits a business not related to or appropriate for the Platform (as determined by NannyStreet in its sole discretion);
i) contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
j) contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
k) distributes or contains viruses or any other technologies that may harm NannyStreet, or the interests or property of NannyStreet users;
l) contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
m) is non-local or irrelevant content; or
n) contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of NannyStreet.
7.2. You will not send messages to other users whom you have made contact with via or through the Platform containing:
a) offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
b) unsolicited advertising or marketing of a service that is (i) not offered on the Platform; or (ii) is offered on an external website.
7.3. While using the Platform, you shall not:
a) violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
b) circumvent or manipulate any fee structure or billing process that we may have or implement;
c) post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
d) take any action that may undermine any feature that NannyStreet has or may come up with for the purposes of the Platform; or
e) leave any untrue or inappropriate feedback about a Nanny Service and you shall at all times use careful and good judgment in leaving any feedback
7.4) You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:
i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NannyStreet to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
iii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.
7.5. You retain all of your ownership rights in your Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant to NannyStreet a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and NannyStreet (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the NannyStreet (and any derivative works in any media formats and through any media channels).
7.6. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to read and use, such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use
8. NannyStreet – Disclaimers and Right to Remove Submitted Content
8.1. NannyStreet does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and NannyStreet expressly disclaims any and all liability in connection with all Submitted Content.
8.2. NannyStreet does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and NannyStreet will remove any Data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. NannyStreet may take any action or steps it deems fit in its sole discretion against such infringer.
8.3. NannyStreet reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
8.4. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content:
a) from a variety of sources and that NannyStreet is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
b) that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against NannyStreet, and agree to indemnify and hold NannyStreet, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
c) You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that NannyStreet may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
9. Personal Data and Privacy
9.1. By registering through Platform or Wechat or Whatsapp, you are deemed to have accepted our privacy policy.
9.2. All personal data given to us via our Platform is subject to our privacy policy, which can be accessed https://www.nannystreet.com/privacy-policy/.
9.3. All non-personal information or Submission you send to our Platform (including by way of our Platform engagement walls) that is not personal data, such as comments, questions, or suggestions, will not be treated as confidential and is not encrypted.
10. Service Users
10.1. Service Users shall not:
a) commit to purchasing or using a Service with no intention of paying for such Service;
b) sign up, request or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
c) request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Professional’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.
10.22. As a Service User, you are encouraged to refer to our How to Hire Guidelines and to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Service Professional.
11. No Confidentiality
11.1. Without prejudice to the Privacy Policy, you acknowledge and agree that NannyStreet does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Platform.
12. Modifications to Terms of Use or Privacy Policy
12.1 NannyStreet reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
13. Termination
13.1. NannyStreet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any part thereof with or without notice and in its sole discretion. You agree that NannyStreet shall not be liable to you or to any third party for any modification, suspension or discontinuance of NannyStreet services.
13.2. You hereby acknowledge and agree that NannyStreet in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform or any part thereof, or remove and discard any Submitted Content on the Platform immediately and without notice and for any reason which is may but is not obliged to disclose.
13.3. Upon termination of your Account, your right to participate in the Platform in any way shall automatically terminate.
13.4. Upon termination the following shall occur:
a) your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the NannyStreet system;
b) all licenses granted to you will immediately terminate;
c) NannyStreet shall not be liable to you or any third party for any termination of your access to the Platform. NannyStreet retains the right to use any data collected from your use of the Platform; and
d) all related licenses you have granted Platform hereunder shall remain in effect for the foregoing purpose. In no event is Platform obligated to return any Submitted Content to you. All terms and conditions and rights in favour of NannyStreet survive termination and remain in the full benefit of NannyStreet.
13.5. You agree to indemnify and hold NannyStreet, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the termination.
14. Intellectual Property Rights
14.1. The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by NannyStreet or related corporations of NannyStreet (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and NannyStreet or the Group owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Platform are the property of their respective owners.
14.2. Data on the Platform is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
14.3. NannyStreet reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
15. Disputes
15.1. Your interactions with other users, whether individuals, companies and/or organizations and whether Nanny Service or Service Users, found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
a) You understand and acknowledge that deciding whether to:
b) use the Services of a Nanny Service
c) provide Services to a Service User; or
d) use information contained in any Submitted Content
is your personal decision, for which you alone are responsible. You understand that NannyStreet does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
15.2. In the event of any dispute between you and a Service User, Nanny Service or any other third party or user in relation to the Platform, such dispute shall be resolved between you and such Service User, Service Professional or any third party or user, and NannyStreet shall not have or hold any responsibility, liability or obligation in relation thereof.
15.3. Notwithstanding the foregoing, you agree that NannyStreet shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. if there is a dispute between users on the Platform, or between users and any third party, you acknowledge and agree that Nannystreet is under no obligation to be involved. In the event that a dispute arises between you and one or more users or any third party, you hereby release nannystreet, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the platform or any service provided thereunder.
16. Advertisements and Third Party Links
16.1. Aspects of the Platform and other NannyStreet services may be supported by advertising revenue. As such, NannyStreet may display advertisements and promotions on the service. The manner, mode and extent of advertising by NannyStreet on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by NannyStreet of any advertised products or services. You agree that NannyStreet shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
16.2. The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that NannyStreet is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be Kaodim’s endorsement of such third-party sites or any product or service offered through them.
16.3. We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a thirdparty website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.
16.4. You further acknowledge and agree that NannyStreet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Platform, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Platform, and you accept all responsibility thereof. Your dealings and communications through the Platform with any party other than Kaodim are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party
17. Disclaimer of Warranties, Limitation of Liability and Indemnities
17.1. You expressly acknowledge and agree that the use of the platform is at your sole risk. NannyStreet, its officers, directors, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the platform and from your use or inability to use thereof including but not limited to:-
a) the accuracy, completeness, user and nanny, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and noninfringement of third party rights of the website or any service that NannyStreet provides
b) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the platform (whether by nannystreet or any third party through the website);
c) any unauthorized access to or use of the platform or nannystreet servers, data or information;
d) any cessation, termination or disturbance of transmission to or from the platform;
e) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the platform whether due to the actions of any third parties or otherwise;
f) any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;
g) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the platform or otherwise.
17.2. You expressly acknowledge that NannyStreet is not an intermediary agency and are not contracting party regarding the Nanny, and expressly agree that to the fullest extent permitted by law, in no event shall Nannystreet, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns be liable to you or any third party for any direct, indirect, incidental, special, general, punitive, exemplary, consequential damages or any form of damage, loss or injury in any form whatsoever including but not limited to loss of profits, sales, revenue or business, loss of anticipated saving, corruption or loss of data, failure in transmission of data, loss of goodwill or reputation, business interruption, or any similar damages, regardless of the theory of liability (contract, tort (including negligence), defamation or otherwise) arising or resulting from or under and in connection with the Platform and from your use or inability to use thereof, including but not limited to:-
a) the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and noninfringement of third party rights of the website;
b) any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the website (whether by nannystreet or any third party through the website, any website, submissions or any other means);
c) any unauthorized access to or use of the platform or nannystreet servers, data or information;
d) any cessation, termination or disturbance of transmission to or from the platform;
e) any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the platform whether due to the actions of any third parties or otherwise;
f) any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;
g) any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the website or otherwise.
17.3. You agree to indemnify and hold harmless to the fullest extent allowed by law, nannystreet, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the platform, your breach and/or violation of any term of these terms of use, your breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy rights.
17.4. You expressly acknowledge that User or Nanny in our Platform are not our employees, servants or agents acting in the course of their employment. You also acknowledge that engagement of service between you with/of a User or Nanny of your choice is entirely at your own risk and NannyStreet shall not be held liable for any death or personal injury that may arise from this engagement of service with such User or Nanny, via the use of our Platform.
17.5. You acknowledge that NannyStreet has no control over the information available on our Platform and we may not in a position to monitor or examine your use of the Platform or the nature of the information you are submitting. You shall therefore not hold us liable in any way in relation to the transmission or reception of any such information.
17.6. You acknowledge that you are entirely at your own risk when rely or act upon any of the information available within the Platform. You are responsibility of verifying the User or Nanny (as the case may be) identity, and accessing the Nanny and the quality of the Nanny work on a Job. You and/or members of your family may be exposed to situations that are potentially offensive, dangerous, harmful, and you use the Platform at your own risk.
17.7. Without limiting the generality of Clauses 17.2, NannyStreet will not be held liable to you for any damage or loss, including without limitation lost profits, lost business, business interruption, loss of business information, loss of data or any other pecuniary loss, whether in contract, breach of statutory duty, tort (including negligence), or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Platform, or your use of or reliance on any content within our Platform.
17.8. Without limiting the generality of Clauses 17.6 and 17.7, NannyStreet shall not be held responsible for any damages or other liabilities arising from Nanny Service done by any Nanny. In particular, but without limitation to the generality of the foregoing, we shall not be held liable in relation to the fitness or quality of any Nanny Service performed or omitted to be performed by any Nanny and accordingly shall not be liable to you for any occurrence or omission resulting from the introduction of the Nanny to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising. We do not and cannot be involved in Users’ dealings with Nanny, or control whether or not Nanny will complete any Nanny Service as agreed and in the event that a User has a dispute with one or more Nanny, the User hereby releases Nannystreet, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns from any and all claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
17.9. When any disputes arise between you and Users, you shall resolve and negotiate with User directly. Any decision you make regarding the use of the Platform is solely within your responsibility. You expressly waive and release us from any and all claims, liability, causes of action, or damages arising from your use of the Platform.
17.10. Any claim against us by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Platform to secure the particular Nanny Service giving rise to such claims, unless otherwise stated, and to the fullest extend allowed by law.
17.11 You also expressly waive and release us from any and all liability, claims or damages arising from or in any way related to a User and/or Third Party Service Provider.
18. Non-Solicitation
18.1. You expressly acknowledge and agree that in connection with the Platform & Services:
(a) you shall not, whether directly or indirectly, solicit or attempt to solicit any User out of Platform (for example, making arrangement privately off the Platform or terminating their relationship with Platform;
(b) you shall not use any personal data accessed through the Platform to contact another User for any purpose other than the proper usage of the Platform;
(c) when you are a User, you will not offer, request or accept any Private Job with a Nanny externally without the use of the Platform;
(d) when you are a Nanny, you will not offer, provide or accept any Private Job with a User externally without the use of the Platform.
19. Not Party / No Agency or Partnership
19.1. You hereby acknowledge and agree that NannyStreet is not a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Nanny Service in connection with any Service offered, directly or indirectly, through the Platform.
19.2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform. You do not have any authority whatsoever to bind NannyStreet in any respect. All Service Professionals are independent of NannyStreet. Neither NannyStreet nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
20. Entire Terms
20.1 The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by NannyStreet on the Platform, shall constitute the entire agreement between you and NannyStreet concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
21. Governing Law
21.1 These Terms of Use shall be governed by the laws of Singapore and you agree to submit to the jurisdiction of the courts of Singapore in the event of any claims or disputes.