Terms of Use (Last updated August 01, 2018)

Terms of Use for Parents and Babysitters

These Terms of Service govern your access to and use of the ClickSitter website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and ClickSitter, Inc. (“we”, “us” or “ClickSitter”).

By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.

If you do not agree or are unable to agree to be bound by these Terms of Use, do not use the Site or the Services.

We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.

These Terms of Service are organized into the following eighteen sections:
Nature of Our Site and Services
Eligibility
Use of Site and Services
User Content and Communication Rules and Guidelines
Termination
Third Party Verification Service
Fair Credit Reporting Act
Third Party Sites
Payment, Subscription, and Refund Policies
Online Payment Service
SMS Text Message Alert Service
Promotional Offers and Credits
Intellectual Property Rights
Disputes
Disclaimer of Warranty and Limitation of Liability
Indemnification
Digital Millennium Copyright Act
General Provisions
Appendix A: Description of Background Check Services

Nature of our Site and Services

Site is a Venue. The Site provides a venue for people seeking babysittingservices (“Parents”) to connect with people who want to provide those services (“Sitters,” and collectively with Parents, “Users”). ClickSitter is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.

ClickSitter has no obligation to screen or verify the identity or background of any User. ClickSitter does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than ClickSitter ("User Content"), including but not limited to User Profiles and Reviews. ClickSitter has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site.

ClickSitter further makes no representations about the Sitters or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
Transactions Are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN SITTERS AND PARENTS. Users arrange for the services solely between themselves, and ClickSitter is not a party to any of those arrangements. ClickSitter does not have control, supervise or provide any training or equipment to the Sitters, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Sitters. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Sitter or services received by a Parent. As set forth in Section 15, you agree to release ClickSitter from any claims or liability that may arise from any disputes between you and other Users.

ClickSitter is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and ClickSitter is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if ClickSitter is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify ClickSitter for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

If requested by ClickSitter, you agree to provide ClickSitter with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver’s licenses) or other information as may be needed or requested by ClickSitter.

Eligibility

By requesting to use, registering to use and/or using the Site, you represent and warrant that:

if you are a Parent:
a. Minimum Age You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
b. Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

if you are a Sitter:
Minimum Age You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside;
Legal Right to Work. You have the legal right to work in Canada; and
Criminal History. You and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

ClickSitter HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.

USER AGREES TO RELEASE ClickSitter AND ClickSitter’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. ("Affiliated Parties" means ClickSitter’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)

Use of Site and Services

  1. Registration and Account Information. When you register for the Site, you will be asked to create an account and to provide us with certain information about yourself and, if you are a Parent, your children (your "Information"). Your Information will be used in accordance with ClickSitter's Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration, including the information provided through any online social platform used to register with the Site.

  2. ClickSitter may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.

  3. As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.

  4. Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, child care services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.

  5. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.

  6. Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Sitters may not contact Parents, and Parents may not contact Sitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.

  7. Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent ClickSitter’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to ClickSitter’s provision of the Services.

  8. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ClickSitter in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

  9. Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.

  10. Privacy Policy. You represent that you have read and understood our Privacy Policy.

  11. No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.

  12. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at support@clicksitter.com.

  13. Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at ClickSitter’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.

  14. Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile, and ClickSitter may add Users into these groups from time to time. Unless expressly stated otherwise, ClickSitter is not affiliated with any of these listed organizations nor does ClickSitter verify the User’s membership with such listed organization.

User Content and Communication Rules and Guidelines

As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Sitters (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.

  1. Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
    • contains photographs or images of another person, unless you are that person’s parent or legal guardian;
    • contains others’ copyrighted content unless you have written permission from the copyright owner;
    • contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
    • implies that the User Content is in any way endorsed or sponsored by ClickSitter;
    • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
    • is intended to harass, annoy, threaten or intimidate any other Users of the Site;
    • is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
    • involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
    • contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
    • is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
    • uses scripts, bots or other automated technology to access the Site;
    • attempts to circumvent ClickSitter’s messaging tools or booking platform, or attempts to avoid applicable ClickSitter fees;
    • otherwise violates (1) the rights of third parties, including rights of privacy or publicity, or (2) violates applicable laws and regulations.
  2. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of ClickSitter.
  3. Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to ClickSitter, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  4. Review Guidelines. Parents will have the opportunity to provide Reviews about Sitters they have used. Reviews should not include any personal information about a Sitter that is not disclosed in the Sitter’s public Profile (for example, the Review should not include or reference a Sitter’s address or phone number). Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.

Termination

  1. By ClickSitter. ClickSitter may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by ClickSitter, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription and/or account, ClickSitter may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by ClickSitter, you may not re-register without ClickSitter’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).

  2. By User. As a User, you may terminate your account at any time by sending a request to contact@clicksitter.ca; subject: "Deactivate my account." You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 9.

  3. Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with ClickSitter. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms of Service will continue in full force and effect.

Third Party Background and Verification Services

Meet Stack WordPress Theme

Stack is a robust, multipurpose template built with reuse and modularity at the core. Blending contemporary styling with beautiful markup, Stack forms the ideal starting point to website projects of any kind.

Stack ships with over 140 content layouts, including 30 tailored niche homepages (from startup landing page to restaurant, portfolio and more) showcasing just a glimpse of what is possible with the detailed block and element library — from working social media feeds, contact forms and subscription blocks to fullscreen lightbox galleries and filterable portfolios, Stack is infinitely reusable, the ideal go-to template for your client projects.

Each of Stack’s 240+ interface blocks are powered by the vast collection of customisable elements. This modular system empowers developers to create their own blocks quickly and easily leaving more time for layout and interface experimentation.