Babysitter is a choice

Terms & Conditions

INTRODUCTION

Allow us to introduce ourselves. This Platform, including the website, subdomains and the services offered, are provided by Helpee. Helpee is a commercial brand and an initiative of: Helpee Services OÜ – Private limited company (cfr. “Helpee”, “we”, “us” and “our”) Sepapaja tn 6, Lasnamäe district, Tallinn, Harju county, 15551 ESTONIA Registered under company number: 14112949, VAT number: EE101919252.
The website is accessible via the following domain names: halpee.com The following parties are active on our website “User”: Any individual who visits our website, regardless of whether this is intended only for informational purposes and/or to actually use the marketplace. (cfr. “you”, “yours”) Access to our Platform is available to every User. Certain functionalities of the platform are only available upon registration, provided that the eligibility requirements are meet. The user shall become either: “Babysitter”or “Heper”: a User who sells his services as a occasional and autonomous babysitter/helper on our Platform under the conditions set forward in the Babysitter’s agreement  “Family”: a User who wants to issue an assignment on our platform. Our platform is only presumed for occasional babysitters or helpers, which are to be distinguished from a professional babysitter. Helpee considers the User an occasional babysitter if (cumulative conditions): The work does not exceed eight hours per week; The work is not a “manual nature”; (to be distinguished from household chores.) The work is not professionally ordered.

THE CHARACTERISTICS OF A NOT INTERMEDIARY PARTY.

At Helpee, we have created an efficient method to link up A SEARCHING FAMILY WITH AN AVAILABLE BABYSITTER or HELPER. HELPEE NOT ACTS AS AN INTERMEDIARY PARTY BETWEEN THE Babysitter AND the FAMILY. BOTH THE Babysitter AND THE FAMILY REMAIN INDEPENDENT PARTIES AND ARE RESPONSIBLE FOR THEIR RESPECTIVE BEHAVIOUR ON THE PLATFORM. A REGISTRATION AT HELPEE DOES NOT create a relationship of employment and none a relationship of authority. The APPOINTMENT of a babysitter/helper entails certain legal obligations for the families. These legal obligations may differ from country to country. Helpee aims to provide sufficient and accurate information on the website so that the families are compliant with these obligations. IT IS UP TO THE FAMILY TO CHECK WHETHER THE PROVIDED INFORMATION IS STILL UP-TO-DATE. The family remains solely responsible for the compliance with all legal obligations.  

ABOUT OUR AGREEMENTS.

These Terms and Conditions of Use (the “Terms”) govern every possible use of the Platform and offered services. The Terms, Babysitter’s or Helper’s agreement, Privacy Policy and any additional terms that the User agrees to, as discussed in the chapter “Entire Agreement”, are referred to together as the “Agreements”. The Agreements constitute all the terms and conditions agreed upon between the User and Helpee and supersede any prior agreements in relation to the subject matter of the Agreements, whether written or oral. A complete and up-to-date version of the Agreements can be found on the platform. By using the website, the User acknowledges and agrees on the immediate and binding application of our Agreements. The User who cannot agree with the Agreements is expected to discontinue the use. Derogations from our Agreements are only valid when they are the result of prior and mutual agreement confirmed in writing. In that case the specific Agreements only apply inasmuch as they derogate from the present Agreements. The remaining stipulations included in these Agreements shall remain fully in force. Helpee preserve the right to unilaterally alter the Agreements at all time. These unilateral changes do not give rise to any form of compensation. Any modification of the Agreements shall only have a forward effect. In any event, we advise the User to regularly reviewour Agreements for possible modifications.

REGISTRATION.

ELIGIBILITY REQUIREMENTS

You represent and warrant to us that: (a) if you are a natural person, you are at least eighteen (18) years of age or, if you are under eighteen (18) years of age, you have obtained the consent of your parent or legal guardian to your execution of this Agreement and use of the Helpee Service in the manner prescribed by Helpee; (b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you offer goods and services. We require a registration in order to participate on the platform. The registration requirements may differ depending on the type of User. Each user is only entitled to one User-account with the same functionalities. Multiple registrations under different user names will lead to a restricted platform-access. We provide an online form for the purpose of registration. This registration form will ask you for (quite a few) personal details, such as your name, last name, address, telephone number not mandatory as well as your registation status (Helper or Parent). Certain information may be absolutely necessary to mention in order to complete the registration. Clicking on “Register” you accept this Terms and Conditions, Privacy Policy of Helpee. All requested data is required to be complete, sufficiently specified, up-to-date and accurate, and updated upon changes immediately. Helpee reserves the right to demand proof of the User’s identity and of the authenticity of the details provided in the course of registration. We may request the sending of written documents for the purpose of registration and verification. The User must refrain from: Communicating deliberately false or incorrect information; Registration under a false identity or an existing identity of another person; Impugning the honour and good name of a natural or legal person. We are aware that a highly sensitive treatment of all personal data you submitted to us is of great importance to you. Please rest assured: all information provided by you will be handled in the strictest confidence in accordance with our Privacy Policy. We reserve the right to select the people who can register on the Platform and are, in other words, authorized to decline a registration without giving any reason.

USER-ACCOUNT AND LOGIN DATA

Each User-account is strictly personal and therefore unique. The User must guarantee the confidential use of his User-account. The right to use a User-account, and any action to this effect, cannot be transferred to a third party. The User remains in any case exclusively responsible for all acts performed under his User-profile. The User is required to report any suspicion of a compromised user-account. We will take the necessary actions in order to restore confidentiality. The User specifies a user-name and a password in the course of registering. You must keep these login data confidential and store them safely from access by unauthorized third parties. It is not permitted to disclose these details to third parties (including other subscribers or members), unless prior and explicit written consent from Helpee has been obtained. The User remains in any case exclusively responsible for all actions performed by way of his user-account. If you lose your login data, or if you discover or suspect that your login data are being used by an unauthorized third party, you must report this to us immediately to Helpee so that appropriate measures can be taken.

USE OF THE PLATFORM

RIGHT OF USE

Each User receives a limited right to access, use and display the Platform, including the database and its content. The scope of this right of use, such as the accessible features and functionalities, may vary depending on the registration of the User and additional subscriptions of the User. This right of use is granted by way of a limited, non-exclusive and non-transferable license. This license is revocable at any time. This license is subject to these Terms and does not entitle the User to download, copy, sell, redistribute, transmit or (sub)license or exploit in any way, in whole or in part, the Platform and/or the underlying database and content. We provide a user-friendly platform that is safe and sound for every User. We take all reasonable measures that are necessary to ensure the proper operation, safety and accessibility of our Platform. This includes measures on both preventive and curative levels. In case of a known safety breach, Helpee will immediately inform the User about the actions to be taken. Yet, we cannot give any absolute guarantee in this regard, and one must consider our actions as an obligation of means. Every use of the platform is at the one’s own risk. This means Helpee bear no liability for damages resulting from malfunctions, interruptions, defects or harmful elements of our website, regardless of the existence of force majeure or external cause. We reserve the right to restrict and/or interrupt at any time the access to our website, even without prior warning. We basically only take these measures if such is justifiable due to circumstances, but this is, however, not an absolute requirement. Helpee aims to offer Users a high-quality platform by providing regular maintenance activities and updates. Such operations will only be undertaken within the hours of reduced activity on the Platform, unless the situation justifies otherwise. The timeframe during which maintenance activities are carried out is outside of any calculation of accessibility and smooth operation. Maintenance activities should not be announced in advance, nor give rise to any kind of compensation. The User declares to take notice of the required specified hardware (browser), software and telecommunication facilities as clearly communicated by Helpee. The User must also have a (broadband) Internet connection. It is the sole responsibility of the User to take all possible measures to have access to our Platform and its functionalities.

PROHIBITED ACTIVITIES

Any use of the Platform should be in accordance with these Terms as well as the applicable law, the rights of third parties and the generally accepted principles of Internet usage. Any other usage is strictly prohibited and will immediately terminate the license to use the Platform granted under these Terms: Keeping Helpee a safe and friendly environment is important both for both you and us. In addition to the other restrictions outlined in these Terms, you agree that you will not:
  • use the Platform for any purpose that is illegal, that is beyond the scope of its intended use or that is otherwise prohibited in these Terms;
  • use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Platform, or that could damage, disable, overburden, impair or compromise the functioning and the security of the Platform in any manner.
  • use robots, spiders, crawlers, scrapers or similar data gathering and extraction tools to access the Platform or to extract data;
  • send any unsolicited or unauthorized advertising, spam, chain letters, junk mails, solicitations, promotional materials or similar variations;
  • stalk other members or try to convince them of your political or religious views;
  • use or attempt to use another User’s account without authorization;
  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
  • provide false information upon registration.

PLATFORM CONTENT

The content on our platform is determined both by us and by our Users. We attach great importance to the quality of information and expect so from our Users and third parties who deliver content. Users and third parties that upload content on the Platform acknowledge and confirm that they upload the content at their sole and exclusive responsibility. They therefore must ensure that they do not upload or otherwise make available content that (non-limitative list): Is considered inappropriate, illegal, offensive, misleading, obscene, or otherwise objectionable (the content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate); May refer to and/or encourage conduct that would be considered a criminal offence; Infringes other people’s intellectual property or portrait rights; Harm or may harm other Users, for example through the spread of harmful software such as computer viruses, Trojans horses, malware, worms, time bombs and cancelbots. That being said, we cannot guarantee the quality of information on the website. It is possible that the information is not exhaustive, not sufficiently accurate and/or not really useful. We are not liable for (direct and indirect) damages the User may suffer as a result of the information available on our website. We have no obligation to monitor the content prior to its publication on the website. We can check the content after uploading but this certainly does not automatically happen for all content. Please make sure to upload your content onto the appropriate webspace, under the right (sub-)title and accompanied by any comprehensible information that seems reasonably required. If the above conditions are not met, we are entitled to delete and/or to move the content in whole or in part. We kindly ask the User to inform us if content on our website appears to be in breach of the applicable laws, violates any rights of third parties and/or is simply not acceptable. Helpee shall react with appropriate measures as soon as possible. Such measures may contain the partial or total removal of the information. We will not offer a refund of a purchase price if the content is the subject of a purchase though the ground for removal is attributable to Purchaser. Our website contains content that can be downloaded. Each download from our website is always at a User’s own risk, and such download does not engage our liability in any way. Damages that result from loss of data or from harm to a computer or computersystem fall completely and exclusively under the User’s responsibility.

EXCESSIVE USE

You must ensure that the infrastructure of the Platform is not overloaded due to excessive use. In the event we deem your use excessive beyond reasonable limits, at our sole discretion, we will inform you thereof and you commit to take all necessary and reasonable steps to reduce your use. If the overload is of a structural nature you agree, upon our written request, to enter into mediation in order to find a solution. We reserve the right to suspend our obligations under these Terms as we deem necessary to preserve the quality of Platform use for other Users.

TERMINATION AND SUSPENSION

Helpee retains the right to temporarily suspend and/or permanently terminate the right of use if the User is in breach with our Agreements, with the applicable legislation, with the rights of third parties or with generally accepted principles of Internet use. If Helpee decides to terminate or suspend the right of use on the basis of aforementioned grounds, such measures may be taken without prior notice if Helpee deems such action to be required. The User who considers the imposed measures to be inappropriate or unfounded must bring this to Helpee’s notice within fifteen (15) calendar days after the action has been taken. Helpee will take the User’s arguments into account without being obliged to nullify the initial action(s). The User has no right to request any refund or compensation for the measures that have been taken. Helpee will also terminate the right of use and remove the user-account at a User’s explicit request. The User must exercise this right by means of a written and signed request to Helpee thereby proving a legitimate identity. The request shall be send by post or by e-mail at info@halpee.com. Helpee shall respond to your request within fifteen (15) working days. A termination of the right of use includes the deactivation and denial of access to the user-account and subsequently all services and functionalities. A termination of the right of use does not automatically imply the removal of the registered user-account and the deletion of all related data related therewith. We may have to keep some of your data when it is necessary to preserve the proper operation of our Platform or when it is required by law.

PLATFORM PURCHASES.

The User can register to our additional paid services “Premium Account” by completing the online purchase-procedure and confirming the purchase through payment. As soon as we receive the purchase, we provide an order confirmation to the email address you have provided. This order confirmation means the activation of the additional features and functionalities associated with the additional subscription, for the duration specified by the User. The use of our website implies that parties expressly acknowledge that electronic forms of communication do lead to valid agreements. This is in accordance with the Act of March 11, 2003 on electronic communications. All parties recognize and confirm that an ordinary, digital or electronic qualified signature is not an essential proof requirement.

RATES

We offer our services at the rates that are notified for each advertisement. Our rates are expressed in euro and included VAT and other taxes. Obvious errors in our prices can be corrected after the conclusion of the agreement. Any additional costs that are made clear in advance are to be borne by the User, such as costs due to the use of certain payment methods. We have the right to change its rates at any time, but we commit ourselves to apply the rates as indicated on the Platform at the time of the subscription or its renewal. The new rates will be applied for every future paid subscription and/or renewal of an existing subscription. Price changes resulting from changes in tax rates are always borne by the User. We reserve the right to err. We are not bound by pricing which is clearly affected by a mistake or error. Consequently we possess the possibility to correct clear or obvious errors regarding the pricing after concluding the agreement.

PAYMENT CONDITIONS

Each payment shall be immediately and fully handled at the time of purchase. We accept all major valid and internationally accepted credit cards and electronic payment as indicated on our Platform. Helpee and her payments partners take all reasonable measures to ensure the security of your online transactions. Our main concerns are loss or theft of your identity or financial information. The use of top accredited payment partners and credit card issuers listed on the platform provides such necessary security and confidence. The secure system (PAYPAL  PayPal (Europe) S.à r.l. et Cie, S.C.A) and Stripe Payments UK, Ltd. (“SPUKL”), Stripe Payments Europe, Ltd. (“SPEL”) (SPUKL and SPEL together collectively referred to as “Stripe”) are responsible for the further processing of the payment. This closed security procedure processes your bank details always in an encrypted manner. The necessary security measures through SSL are provided. Be also aware that we use fraud detection services from PayPal (Europe) S.à r.l. et Cie, S.C.A.) and Stripe Payments Europe, Ltd. reserve the right tocancel or suspend any account in case of fraud warning. Helpee will automatically terminate the access to features and functionalities that are the subject of certain additional paid subscriptions as soon as the agreed period of access has expired. We do not allow any refunds if the User does not use his subscriptions nor if the access to the Platform is wholly or partially and temporarily or permanently restricted or prevented in accordance with the Article 5. 

RIGHT OF WITHDRAWAL

LIABILITY.

Helpee is only liable for any imputed serious or repeated minor contractual and/or non-contractual breach caused in the performance of its obligations under this agreement. This liability concerns the actions of Helpee’s directors, employees, legal representatives and engaged third parties. This liability is limited to direct damages resulting from the shortcomings, and can never exceed the value of the corresponding purchase. Helpee is in no way liable for any indirect damages. Indirect damages are any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, real and/or potential damages or loss suffered by Users. This list is only indicative and certainly not exhaustive. Helpee does not exclude its liability in case of fraud or wilful misconduct on the condition that the fraud or wilful misconduct is attributable to Helpee. The liability for bodily injury and death is excluded to the extent legally possible. Helpee, its directors and employees are in no way liable for the actions and the resulting damages caused by its Users and/or third parties. The User is solely liable in case of contractual or non-contractual breach attributable to him that compromises the liability of Helpee and/or causes damages, losses and expenses (including legal fees) to Helpee. The User must take all necessary measures to indemnify Helpee from those adverse effects. If Helpee is prevented to fulfil all or part of its obligations to the other party due to circumstances beyond its control, there will be force majeure. Helpee is in that case entitled to suspend its obligations for the duration of the force majeure. The User is exclusively responsible if his behaviour effectively causes damage to the Helpee is not liable for any form of loss and/or damage to the interests of the User or a third party if Helpee acts in accordance with the Agreements. Helpee also expressly excludes any liability arising from the conduct of its Users. Users, Babysitters Helpers and Families must keep Helpee harmless against any claim of third parties relating to a contractual and/or non-contractual breach attributable to the users and that (may) incur the liability of Helpee and/or its several collaborators. This obligation includes informing Helpee on each step in the claim, taking all the necessary defensive measures and bearing the consequences of the outcome.

WHAT ABOUT MY PRIVACY?

Helpee processes personal information from the Users of its platform. This is necessary to ensure the proper functioning of the Platform. The quantity of such information differs as more actions are performed, for example after registration. Depending on the quality of the information, it is possible that a natural person can be identified. As of that moment, we are collecting and processing personal data. We consider the protection of your privacy and the safety of your personal data very important. That is why we have made every effort to inform you as completely as possible concerning the processing of your personal data in our company. We refer you to our Privacy Policy. Each assignment is always handled with the utmost care for confidentiality. We have clear written agreements with our Babysitters/Helper in order to ensure this. It is up to our Babysitters/Helper to commit to their obligations. If they don’t do so, you can rest assured that we will take all appropriate measures with regard to the Babysitter/Helper, such as their suspension or removal from our database. The obligation of confidentiality is an obligation that works on both sides. It is also the responsibility of the Family to ensure that the risk for a breach of confidentiality stays as limited as possible. The Babysitter/Helper only receives the necessary texts and does not know the Family’s identity. Our entire system has also been designed in such a way that it is not possible for the Family to detect your identity, either directly or indirectly. It is prohibited to poach or attempt to establish business relationship with Familys outside the platform.

INTELLECTUAL PROPERTY

Creativity merits protection, which is provided by intellectual property rights. Such rights also apply to our website and its content. By “content” we understand the whole broad category of photos, video, audio, text, ideas, notes, drawings, articles, etc. All this content is protected by copyright, software and database rights, industrial design rights and other applicable (intellectual) property rights. The technical character of our website itself is protected by copyright, software rights and database rights. Our trade names are alsoprotected by the applicable trade name and trademark laws. These rights remain in full with the entitled party. Each User receives a limited right of access, use and reproduction of our platform and its content as necessary for the proper functioning of the website. This right is granted by way of a non-exclusive, non-transferable license. We therefore ask our Users not to use and/or to make changes to the intellectual property rights as described in this article, without the prior and written permission of the entitled party. The intellectual property rights we have enumerated also protect the content uploaded by Users and by third parties. By uploading content on our Platform, you grant us non-exclusive, transferable, royalty-free and worldwide license for the use of it. This license is only granted to guarantee the proper technical and efficient operation of our Platform. If an assignment is awarded to the Helpee, then the Helpee always has the right to modify and translate the protected works as necessary to perform the assignment.

APPLICABLE LAW

Our Terms are exclusively governed and interpreted in conformity with Laws of the Estonia. Disputes fall within the jurisdiction of the courts of the judicial district of Tallinn. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The parties undertake to replace any invalid provision with a valid provision that is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes. Every disclaimer of liability by Helpee must always be given the broadest possible interpretation. The headings that we use in our Agreements are always purely illustrative and bear no legal significance. Helpee may, at any time and without further ado, transfer or assign its rights or obligations under these Terms towards a subsidiary or a third “acquiring” party. The acquiring party will, in this event, take over the rights and obligations that arise under this agreement and be fully responsible for the further implementation thereof towards the User. Helpee will inform the User about such a transfer of contract in due time. Such transfer does however not require a prior consent of the User and does not give rise to any compensation. We find your opinion really important. We try to ensure that our Platform and the services we offer function as correctly as possible, but we are not always able to notice shortcomings or other problems. Therefore we kindly ask you, as a User, to communicate to us any useful comment or complaint. This can be done using the following e-mail address: [ info at helpee . it ] We will do everything in our power to provide a useful answer to your complaint or comment, as quickly as possible.
Last Review: Tallinn, September 21, 2016