1 |
INTRODUCTION |
| 1.1 |
Welcome to the MummyNanny platform (the "Site"). Please read the following “Terms and Conditions” carefully before using this Site or creating a MummyNanny account ("Account") so that you are aware of your legal rights and obligations with respect to Brandish Creative Enterprise [JM0919327-W] (hereinafter referred to as "MummyNanny", "we", "us", or "our"). The section headings herein are intended only for convenience and shall neither affect the interpretation of these Terms and Conditions nor be of any legal force or effect.
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| 1.2 |
The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms and Conditions.
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| 1.3 |
The Site provides a venue for people seeking home confinement nanny care services ("Mummies") to connect with people who want to provide those services ("Nannies”). MummyNanny is not a party to any transaction or contract that may take place between Mummies and Nannies (collectively “you”, “Users” or “Parties”). We are not a referral, matching or placement service and do not provide, refer, place, offer or seek to obtain employment or engagements for any of our Users.
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| 1.4 |
MummyNanny has no obligation to screen or verify the identity or background of any User. We do not screen or verify the training or experience of any User or any content submitted by a User or anyone other than MummyNanny ("User Content"), including but not limited to User Profiles (“Profiles”) and User reviews (“Portfolios”). We have no control over the accuracy, reliability, completeness or timeliness of Profiles, Portfolios, background check information, affiliations or other User Content submitted on the Site, and make no representations about any such User Content on the Site. We further make no representations about the Mummies or the Nannies. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
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| 1.5 |
Transactions are Solely between Users. We are not involved in the transactions between Mummies and Nannies. Users arrange for the services solely between themselves, and we are not a party to any of those arrangements. We do not have control, supervise or provide any training or equipment to the Nannies, and have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Nannies. Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Nanny or services received by a Mummy.
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| 1.6 |
MummyNanny is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and we are not responsible), for visa-related matters, tax, workers’ compensation insurance, 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 we are found to be liable for any tax, workers’ compensation insurance, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify us for all costs, expenses and liabilities (including any interest and penalties) relating to the same. If requested by MummyNanny, you agree to provide MummyNanny 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 MummyNanny.
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| 1.7 |
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
| (i) |
You are an individual at least 18 years of age and at least the legal age of majority in the country in which you reside;
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| (ii) |
If you are a Mummy, 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;
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| (iii) |
If you are a Nanny, you have the legal right to work in the destination country and (a) have never been convicted of, or are currently pending trial for, any felony or misdemeanour, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.
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| 1.8 |
MummyNanny has no obligation to conduct background or verification checks on its Users. However, to the extent permitted by law, 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.
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| 1.9 |
You agree to release MummyNanny and MummyNanny's, directors, officers, managers, members, shareholders, agents, assignees, representatives, marketing partners, licensors, independent contractors, employees, service providers, subsidiaries and successors, as well as their respective directors, officers, managers, members, shareholders, agents, assignees, representatives, marketing partners, licensors, independent contractors, employees, service providers, subsidiaries and successors (“our Affiliates”) from any claims regarding any misstatements and misrepresentations made by any User of this site.
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| 1.10 |
We reserve the right, at our discretion, to modify or discontinue any part of these Terms and Conditions at any time, in which case we will update the "Last Updated" date to reflect the date of the changes. Any changes to these Terms and Conditions will be effective immediately. We suggest that you review these Terms and Conditions regularly to ensure that you are aware of any changes. You agree that your continued use of the Site or our services will constitute acceptance of any changes to the Terms and Conditions. If you do not agree to the changes, you may delete your account and you should not use the Site or any services offered through the Site after the effective date of the changes.
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| 1.11 |
By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that are made available to you through the Site (all of which are deemed part of these Terms and Conditions). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.
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2 |
PRIVACY |
| 2.1 |
In addition to these Terms and Conditions, the use of the Services is subject to the terms of the MummyNanny “Privacy Policy” and is expressly incorporated herein by reference. Please take a moment to review our Privacy Policy. Your use of the Site signifies acknowledgement of, and agreement to, our Privacy Policy.
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3 |
SITE MODIFICATION AND DISCONTINUATION |
| 3.1 |
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
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| 3.2 |
We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any service or material we provide on the Site, including the availability of any database, feature, or content, without prior notice or liability.
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| 3.3 |
From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.
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4 |
WAIVER AND SEVERABILITY |
| 4.1 |
No waiver or failure to enforce any provision of these Terms and Conditions on any occasion shall be deemed a further or continuing waiver of such provision or any other provision on any other occasion, and a party’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
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| 4.2 |
If any provision of these Terms and Conditions is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions or limited to the minimum extent and shall neither affect the validity, legality or enforceability of any remaining provisions in such jurisdiction nor the validity, legality or enforceability of the provision in question under the law of any other jurisdiction.
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5 |
USER SUBMISSIONS |
| 5.1 |
Materials that you post, upload or otherwise make available to the Site or provide to us, including but not limited to reviews, messages, survey responses, questions, and other communications, as well as Profile information, Portfolio information, files, links, images, audio, and video, are referred to as “User Submissions”. You may not be required to have a MummyNanny account in order to post a User Submission. You are solely responsible for any User Submission you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
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| 5.2 |
We have complete discretion whether to accept or reject User Submissions and we do not guarantee how quickly User Submissions will appear on the Site or how and where they will appear. We reserve the exclusive right to describe, categorize and place User Submissions in our sole discretion.
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| 5.3 |
By posting a User Submission, you represent and warrant: (i) that you are the owner of the User Submission, or are making the posting with the express consent of the owner of the User Submission; (ii) that you are making the posting with the express consent of anyone pictured or involved in the User Submission; (iii) that the User Submission will not violate the rights of, or cause injury to, any person or entity; (iv) that to the best of your knowledge, the User Submission complies with all applicable laws; and (v) that you will indemnify and hold harmless us and our Affiliates, from and against any liability of any nature arising out of or related to any content or materials displayed on or posted via the Site by you or by others using your username and password.
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| 5.4 |
You further represent and warrant (or, if you are acting on behalf of the creator of the User Submission, you have ensured that the creator represents and warrants) that the use and sharing of the User Submission for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy.
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| 5.5 |
You understand that all User Submission, whether publicly or privately posted on, transmitted through, or linked from the Site are the sole responsibility of the person from whom such User Submission originated. You are entirely responsible for all User Submission that you post on the Site or send to us.
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| 5.6 |
We may or may not pre-screen User Submissions, including Profiles and Portfolios, but we have the right (but not the obligation) in our sole discretion to edit, move or delete any content that in our judgment violates these Terms and Conditions or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
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| 5.7 |
We make no representation or warranty as to the authenticity, accuracy, completeness, or fitness for use of any User Submission, including, but not limited to Profiles and Portfolios, or that any User will honour or acknowledge any such Profiles or Portfolios. We are not responsible for providing the information or details contained in any Profile or Portfolio.
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| 5.8 |
We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions.
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| 5.9 |
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
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| 5.10 |
You understand that by using the Site, you may be exposed to User Submissions that you may consider deceptive, offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
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| 5.11 |
To the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any User Submission, whether available on the Site or removed from the Site, including, but not limited to, any errors or omissions in any User Submission, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any User Submission posted, emailed or otherwise made available via the Site.
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| 5.12 |
In some instances, and from time to time, it may be possible for Users to modify or remove a User Submission posted through their account. We make no representations or warranties that such User Submission will be modified or removed from the Site or elsewhere, or that the User Submission will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
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| 5.13 |
You understand and agree that User Submissions are public. Any person (whether or not a user of MummyNanny) may read your User Submission without your knowledge. Please do not include any information that can be directly used to identify you (“Personal Information”) in your User Submission unless you wish for it to be publicly disclosed. We are not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Submissions.
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| 5.14 |
You retain all of your ownership rights in your User Submissions. However, by posting a User Submission to the Site, you hereby grant us, our Users, and anyone authorized by us, in addition to any other rights which the User Submission has pursuant to any other program established by us, a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, worldwide right and license to use, copy, store, perform, display, reproduce, publish, transmit, adapt, modify, create derivative works (including without limitation, to rename, edit, shorten, split the content or data into different segments, and use the entire content or segments as part of compilations), and distribute the User Submission on the Site, on third party sites (e.g., under our account with a social networking site) or for any other purpose as deemed appropriate by MummyNanny including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
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| 5.15 |
Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Submissions by name, email address or username, as we deem appropriate.
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| 5.16 |
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
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| 5.17 |
You further waive any and all moral rights in and to such content in our favour. For greater certainty, this means that, among other things, we have the right to use any and all ideas you post in any manner that we choose, without any notice or obligation to you whatsoever.
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| 5.18 |
This provision does not apply to Account Information that is subject to our Privacy Policy except to the extent that you make such Account Information publicly available on or through the Site. However, you acknowledge, consent to, and agree that we may access, preserve and disclose your Account Information if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over MummyNanny, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any User Submission violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MummyNanny, its Users and/or the public.
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| 5.19 |
Hence, following termination or deactivation of your Account, we will retain and use your Account Information and any User Submission in accord with these Terms and Conditions and our Privacy Policy.
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| 5.20 |
We work really hard to provide the best experience for our Users and are always looking for ways to improve. If you choose to submit any comment, feedback, idea, or suggestion (“Unsolicited Materials”), you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (i) we have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and (ii) we will own and may use or redistribute Unsolicited Materials for any purpose without restriction and without any compensation, attribution or accounting to you.
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| 5.21 |
You agree not to post, email, or otherwise make available any User Submission:
| (i) |
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libellous, invasive of another's privacy, featuring an unsupervised minor, or harmful to minors in any way;
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| (ii) |
that is offensive, defamatory, threatening, harassing, intimidating, explicit, vulgar, obscene, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
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| (iii) |
that is harassing, degrading, intimidating or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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| (iv) |
that promotes illegal activities or includes primarily political, religious, psychic, or metaphysical content;
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| (v) |
that offers unauthorized downloads of any copyrighted, confidential, or private information;
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| (vi) |
that impersonates or has the effect of impersonating any person or entity, including, but not limited to, a MummyNanny employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
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| (vii) |
that includes personal or identifying information about another person without that person's explicit consent;
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| (viii) |
that is false, deceptive, misleading, deceitful, or encourages Users to visit a website or complete a transaction that is illegal;
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| (ix) |
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
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| (x) |
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
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| (xi) |
that constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to Users who have requested not to be contacted about other services, products or commercial interests;
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| (xii) |
that includes unsolicited links to commercial services or websites;
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| (xiii) |
that advertises any illegal services or the sale of any items that are prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
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| (xiv) |
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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| (xv) |
that disrupts the normal flow of dialogue with an excessive number of messages to the Site, or that otherwise negatively affects other Users' ability to use the Services;
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| (xvi) |
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site; or
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| (xvii) |
that attempts to circumvent MummyNanny's messaging tools or booking platform, or attempts to avoid applicable MummyNanny fees;
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| (xviii) |
that is or could be considered inappropriate, unsuitable or offensive, all as determined by us; or
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| (xix) |
that otherwise violates the rights of third parties, including rights of privacy or publicity, or violates applicable laws and regulations
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| 5.22 |
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
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6 |
SITE MATERIALS |
| 6.1 |
We grant you a limited and revocable license to access and use the Services subject to the provisions of these Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site, the information contained on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain the property of MummyNanny, its licensors, or where applicable, our affiliates or third party intellectual property owners, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content.
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| 6.2 |
You agree not to copy, repurpose, republish, transmit, publicly display, modify, reproduce, reverse engineer, decompile, disassemble, separate, alter, adapt, rent, sell, sublicense, or create derivative works of, or distribute in any manner or medium (including by email or other electronic means) any portion of the Services, the Site or its Content, including Profiles and Portfolios, for any purpose, without our express written permission. For example, you may not copy our Profiles or Portfolios onto any website or app. However, you are permitted to establish a hypertext link to the Site, provided that your website or service does not state or imply any association with us or any sponsorship or endorsement by us or by the Site. You also agree not to mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website, without our express written permission. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial purposes, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
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7 |
USER ACCOUNT |
| 7.1 |
To utilize the Services as a Mummy or Nanny, you will be required to complete a “Sign Up” process for creating an Account with MummyNanny by providing your names, country of residence, a valid email and a password. Only individuals are permitted to create User Accounts and it is therefore prohibited for agencies to create Nanny Accounts to offer their services to Mummies. We reserve the right to suspend or terminate your Account if you provide names that we, in our sole discretion, deem offensive or inappropriate. By creating a MummyNanny Account, you agree: (i) to provide accurate, current and complete information about you as prompted by the Sign Up process; (ii) not to access the Site with another User’s Account without permission; and (iii) not to transfer or sell your Account to, or combine or share your Account with, any other User or person. As part of your Account settings, you have the option “Sign In” to your Account and modify your Account Information or terminate your Account on the Site. However, you understand and agree that we shall have no responsibility, and shall not be liable for any incident arising out of, or related to, your Account settings.
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| 7.2 |
You also agree to: (i) keep your password confidential and use only your email and password to Sign In to your Account; (ii) “Sign Out” from your Account at the end of each session on the Site; and (iii) immediately notify us of any unauthorised use of your Account, email and/or password. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. You understand and agree that we will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this section.
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8 |
COPYRIGHT INFRINGEMENT CLAIMS |
| 8.1 |
We respect the copyright and intellectual property rights of others and do not permit the infringement of such rights on the Site. We will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right to remove such Content and/or terminate any User’s Account responsible for posting such Content in violation of these Terms and Conditions at any time, without prior notice and at our sole discretion.
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| 8.2 |
If you own a copyright, trademark, patent, or other intellectual property rights (“IPR Owner”), or if you are an agent authorized to act on the IPR Owner’s behalf (“IPR Agent”), and you have a good faith belief that material or products on the Site infringe the IPR Owner’s copyright, trademark, or another intellectual property right, and you would like to bring it to our attention, please notify us by completing and submitting the Help Request Form, with "Copyright Infringement" selected from the drop-down options. Do allow us time to process the information provided as we will respond to your complaint as soon as practicable.
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| 8.3 |
You will be required to provide at least the following information in order to proceed with your claim: (i) a physical or electronic signature of the IPR Owner or IPR Agent (collectively, “Informant”); (ii) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (iii) sufficient details of the Content which contains the alleged infringement, so that it can be located on the Site; (iv) sufficient information to allow us contact the Informant, such as the Informant’s physical address, telephone number and e-mail address; (v) a statement by the Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (vi) a statement by the Informant, made under penalty of perjury, that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
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9 |
HIRING AND REFUND POLICY |
| 9.1 |
Definition of terms:
| (i) |
Total Salary: The complete fee the Nanny will earn for the entire job;
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| (ii) |
Estimated Daily Salary: A fixed daily fee that is used to calculate the estimated Total Salary for the Nanny;
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| (iii) |
Down Payment: A portion of the Total Salary the Nanny charges up-front before starting the job;
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| (iv) |
Platform Charge: A non-refundable portion of the Down Payment for MummyNanny's services;
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| 9.2 |
The Down Payment and Platform Charge are liable to change at any time without prior notice. Refer to the Refunds Section in our Help Centre for the latest values.
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| 9.3 |
For Mummies:
| (i) |
When you identify a Nanny that you wish to hire, head to the Calendar on the Nanny’s Profile, select the start date and duration of the job, and place a Booking. The Booking will appear on your Account’s “My Bookings” page and you can cancel it at any time. At this point the Nanny will receive a Job Request from you. If the Nanny accepts your Job Request, you will then be given the option of making a Down Payment. Make sure that you and the Nanny come to a mutual agreement about the job before you proceed.
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| (ii) |
After making the Down Payment, a Portfolio will be created on your Account’s “My Hires” page for you to manage and record the progress of the job. This is a very important aspect of the hiring process, as the Reviews that you provide in the Portfolio will contribute to the Nanny’s overall Rank on the Site.
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| (iii) |
If the Nanny is unable to proceed with the job as agreed and requests for a cancellation before the start date, you will be required to complete your part of the Portfolio and send a request to be reimbursed the refundable part of your Down Payment (the refundable part of your Down Payment is the remainder after deducting the Platform Charge). If however, you request the job to be cancelled due to your own personal reasons, the Nanny will be entitled to receive the refundable part of your Down Payment and you will not be entitled to a refund. We advise that you make a refund request before the start date of the job.
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| (iv) |
Once the Nanny arrives your location, you will be required to update the Nanny’s Arrival Date in the Portfolio. This will signify that: the Nanny has arrived the job location and that you are no longer entitled to a reimbursement of the refundable part of your Down Payment; and the Nanny is entitled to receive the refundable part of your Down Payment as part of the Total Salary. Note that payment of the remaining part of the salary is between you and the Nanny and MummyNanny no longer has any part to play in the hiring process henceforth.
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| (v) |
Upon the completion of a Portfolio, your Account will be increased by one level and the Nanny’s Account will gain one Experience Point.
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| 9.4 |
For Nannies:
| (i) |
When Mummies wish to hire you, they will head to your calendar, select the start date and duration of the job, and place a Booking. At this point you will receive a Job Request from the Mummy on your Account’s “Job Requests” page (note that you have the option of accepting or rejecting Job Requests). If you accept the Job Request, the Mummy will then be given the option of making a Down Payment. Make sure that you and the Mummy come to a mutual agreement about the job before you accept the Job Request.
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| (ii) |
After the Mummy makes the Down Payment, a Portfolio will be created on your Account’s “My Jobs” page for you to manage and record the progress of the job. This is a very important aspect of the hiring process, as the Reviews that Mummy provides in the Portfolio will contribute to your overall Nanny Rank on the Site.
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| (iii) |
If you are unable to proceed with the job as agreed, quickly contact the Mummy and request for a cancellation before the start date. In this event, Mummies will be required to complete their part of the Portfolio and then request to be reimbursed the refundable part of their Down Payment (the refundable part of a Down Payment is the remainder after deducting the Platform Charge). If however, Mummies request the job to be cancelled due to their own personal reasons, you will be entitled to receive the refundable part of the Down Payment and they will not be entitled to a refund.
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| (iv) |
Once you arrive the job location, quickly ask the Mummy to update your Arrival Date in the Portfolio. This will signify that: the Mummy is no longer entitled to a reimbursement of the refundable part of the Down Payment; and you are entitled to receive the refundable part of the Down Payment as part of the Total Salary. Note that payment of the remaining part of the salary is between you and the Mummy and MummyNanny no longer has any part to play in the hiring process henceforth.
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| (v) |
Upon the completion of a Portfolio, your Account will gain one Experience Point and the Mummy’s Account will be increased by one level.
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| 9.5 |
If either party (Mummy or Nanny) fails to update the portfolio to inform Mummynanny that the Nanny has arrived the job location, both parties agree that the Down Payment will be forfeited.
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| 9.6 |
If you are a Mummy and do not agree or are unable to agree to be bound by these Terms and Conditions, do not make a Down Payment. If you are a Nanny and do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Site or the Services.
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10 |
PORTFOLIOS |
| 10.1 |
Once a Nanny’s deposit is paid through the site, a Portfolio will be created for the job. The Mummy will have the opportunity to rank the Nanny’s skills as well as provide reviews and recommendations about the Nanny in the Portfolio. The Nanny will also have the opportunity to provide reviews about the job experience in the Portfolio. A Portfolio can only be modified by the Mummy who successfully paid the Nanny’s deposit through the Site and by the Nanny whose deposit was paid by the Mummy. Reviews and Recommendations should not include any personal information about a User that is not disclosed in the User's public Profile (for example, the review and recommendations should not include or reference a User’s address or phone number), should be limited to your first-hand experience (not what you heard from someone else) and should be factually accurate. Reviews should reflect your experience with the User. Recommendations (as opposed to Reviews) should reflect a Mummy’s positive or negative experiences with a Nanny. You should avoid broad generalizations and exaggerations. Once a Portfolio has been submitted, you will not be able to delete or amend it. Kindly ensure all the information are complete and correct before submission. As with other User Content, we reserve the right to remove any Portfolio that we feel, in our sole discretion, violates these guidelines.
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| 10.2 |
You agree that you will not post Portfolio Reviews that are outside the categories shown on the Site, or post Reviews or Recommendations that infringe upon the copyright, trademark or other intellectual property rights of third parties.
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11 |
NANNY PAYOUTS |
| 11.1 |
As a Nanny, you are required to provide your Bank Account Information on your Account (note that you can update your Bank Account Information at any time). In order for you to receive funds, MummyNanny makes Payouts to the bank account you provided.
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| 11.2 |
Make sure that the Bank Account Information you provide is correct. If it is not (e.g., a typo in the account number), it is possible to send Payouts to another bank account holder. If you have been notified of a successful Payout but failed to receive the funds in your bank account, please do not hesitate to contact us within seven (7) calendar days of the notification by navigating to your Account’s “Messages” page and starting a New Conversation with "Payout" selected from the drop-down options.
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| 11.3 |
You understand and agree that it is your responsibility to provide accurate and complete Bank Account Information and that we shall have no responsibility, and shall not be liable for any incident arising out of, or related to, any error in the Bank Account Information you provided.
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12 |
USER CONDUCT |
| 12.1 |
The following activities are prohibited on the Site and engaging in any of them is a violation of these Terms and Conditions:
| (i) |
Using the communication systems we provide for any commercial solicitation purposes;
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| (ii) |
Using the Services to collect or harvest email addresses, other contact information, or any personally identifiable information, including Account Information, of other Users by electronic or other means;
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| (iii) |
Collecting Content from the Site, including, without limitation, in connection with User Submissions, and featuring such content to Users in any manner that diverts traffic from the Site without our express written permission;
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| (iv) |
Using manual or automated means to access any pages contained in the Site for data mining or automated data submission;
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| (v) |
Demonstrating any behaviour that we deem illegal, fraudulent, harassing, defamatory, threatening or abusive;
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| (vi) |
Using the Services to violate the privacy of others or to "stalk" or otherwise harass another;
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| (vii) |
Violating or attempting to violate any security features of the Services, including, but not limited to accessing data not intended for you, such as logging into a server or an Account which you are not authorized to access;
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| (viii) |
Introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
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| (ix) |
Interfering or attempting to interfere with the use of the Services by any other User, host, or network, including without limitation by means of sending unsolicited communications, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
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| (x) |
Taking any action or engaging in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
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| (xi) |
Attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
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| (xii) |
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
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| (xiii) |
Manipulating or interfering with other User's Profiles or Portfolios;
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| (xiv) |
Taking any action that may undermine the Portfolio review and recommendation system;
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| (xv) |
Scanning or monitoring the Site for data gathering purposes intended towards tracking payments, usage, User information, pricing information, or similar data; and
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| (xvi) |
Agencies using MummyNanny accounts to offer their services to Mummies;
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| 12.2 |
In addition, you agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses MummyNanny in a manner that sends more request messages to the MummyNanny servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
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| 12.3 |
You are not permitted to use the Site or any of its resources to solicit the Users to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with MummyNanny.
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| 12.4 |
If you are a competitor to MummyNanny, you hereby acknowledge that MummyNanny is private property and you are not allowed to access the Site. Additionally, you hereby agree that you will leave the Site immediately and will not access it further, nor will you direct others to access the Site for any competitive purposes.
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13 |
INDEMNITY |
| 13.1 |
You agree to defend, indemnify, and hold harmless us and our Affiliates from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (i) any User Submission posted by you, in connection with the Site, or any use of the Site in violation of these Terms and Conditions; (ii) infringement by you or made under your Account of any intellectual property or other right of any person or entity; (iii) fraud you commit or your intentional misconduct or gross negligence; or (iv) your violation of any applicable Malaysian, or foreign law or rights of a third-party. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
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| 13.2 |
You are solely responsible for your interactions with other Users of the Site. To the extent permitted under applicable laws, you hereby release MummyNanny from any and all claims or liability (including, but not limited to, claims for personal injury, death, or damage to or loss of property) related to: (i) any service provided by a Nanny; (ii) any action or inaction by a Nanny, including, without limitation, but not limited to any harm caused to you by action or inaction of a Nanny, a Nanny’s failure to comply with applicable law and/or failure to abide by the terms of a job that was mutually agreed upon; and (iii) any conduct, speech or User Submission, whether online or offline, of any other third-party.
|
14 |
DISCLAIMERS |
| 14.1 |
We have no control over and, to the maximum extent permitted by applicable law, do not guarantee or accept any responsibility for: (i) any incorrect or inaccurate information, whether caused by you, typographic errors or by any of the equipment or programming associated with or utilized in User Profiles; (ii) the fitness for purpose, existence, quality, safety or legality of the information in User Profiles; (iii) unauthorized human intervention, technical or human error that may occur in any part of a User’s Profile; (iv) technical failures of any kind, including, but not limited to malfunctions, security, reliability, timeliness, accuracy, completeness and performance of the Site and the Services, including, without limitation, any search results, User Information, User availability, opinion, statement, reviews, recommendations or other information displayed, uploaded or distributed in connection with the Services; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the hiring process or receipt or use or misuse of any rewards.
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| 14.2 |
We do not warrant that the functionality of the Site will be uninterrupted or error-free, that defects will be corrected, or that it will be free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.
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| 14.3 |
If there is a dispute between participants on the Site, or between Users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release us and our Affiliates in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
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| 14.4 |
Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so these, some or all of these disclaimers and exclusions may not apply to you.
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15 |
EXCLUSIONS AND LIMITATIONS OF LIABILITY |
| 15.1 |
To the maximum extent permitted by applicable law, in no event shall we be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for: (i) loss of use; loss of profits; loss of revenues; loss of data; loss of good will; or failure to realise anticipated savings, in each case whether direct or indirect; or (ii) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use the Site or the Services, including, without limitation, any damages resulting therefrom, even if we have been advised of the possibility of such damages.
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| 15.2 |
You acknowledge and agree that the only right you have with respect to any problems or dissatisfaction with the Services is to request for termination of your Account and/or discontinue any use of the Services.
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| 15.3 |
If, notwithstanding the previous sections, we are found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or to any third party is limited to S$100 (one hundred Singapore Dollars).
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| 15.4 |
Nothing in these terms and Conditions shall limit or exclude any liability for death or personal injury caused by our negligence, for fraud or for any other liability on our part that cannot be lawfully limited and/or excluded.
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16 |
ACCESS LIMITATIONS AND TERMINATION |
| 16.1 |
You acknowledge that we may establish limits concerning use of the Services, including, but not limited to, the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services.
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| 16.2 |
You acknowledge that we reserve the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any User Submission you posted, for any reason, including, without limitation, if we believe that you have violated these Terms and Conditions. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Services.
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| 16.3 |
Unless we decide otherwise, such termination, suspension, deletion and/or removal will be effective immediately. Following any termination or suspension of any User's Account, we may send a notice of the termination or suspension to other Users you have corresponded with. If we have terminated your Account, you may not re-register without our consent (and if you are permitted to re-register, your previous information and activity, including any ranks, points or levels, may no longer be available).
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| 16.4 |
You also acknowledge that we reserve the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of MummyNanny, your sole and exclusive remedy is to discontinue using the Services.
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| 16.5 |
As a User, you may terminate your Account at any time by going to your “Profile” page and completing and submitting the Account Deletion form. You may re-register at any time, but your previous information and activity, including any ranks, points or levels, may no longer be available.
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| 16.6 |
Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require a User Account. If your account is terminated, your Profile will no longer be displayed and details about any outstanding refund cases (for Mummies) or outstanding payouts (for Nannies) will also be lost, but other User Submissions you have posted or transmitted (e.g., Portfolios and messages) may or may not (in our sole discretion) remain on the Site. Any User Submission associated with your Account after termination will no longer be available to you if you re-register on the Site. Upon the termination, you will no longer have access to your Account, but you will continue to have access to portions of the Site and Services that are available to Users who do not have Accounts. If following the termination you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms and Conditions.
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17 |
HYPERLINKS TO EXTERNAL SITES |
| 17.1 |
You understand that any hyperlink to or from the Site are provided for convenience only, and does not imply in any way that MummyNanny is endorsed by any third party or that MummyNanny endorses or is affiliated with any third party or any third-party website. We are in no manner responsible for the contents of any such linked website or any link contained within a linked website, including any changes or updates to such websites, and you therefore access them at your own risk. You should contact the website administrator of such linked websites if you have any concerns regarding the content located on them. By using MummyNanny, you expressly release us from any and all responsibility or liability arising from your use of or reliance on any content, product, or services available on or through any such linked website. Accordingly, we encourage you to be aware when you have left MummyNanny and to read the terms and conditions as well as the privacy policy of any such linked website.
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18 |
DISPUTE RESOLUTION |
| 18.1 |
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against MummyNanny, you agree to try to resolve the dispute informally by submitting your request through your Account’s Messages Page. Be sure to start a New Conversation with “Dispute” selected from the drop-down options. We will try to resolve the dispute informally by contacting you in writing through email. If a dispute is not resolved within sixty (60) days of submission through this form, you or MummyNanny may bring a formal proceeding.
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| 18.2 |
Any controversy, claim, or dispute arising out of or relating to these Terms and Conditions or the breach, termination, or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
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| 18.3 |
Notwithstanding the foregoing, MummyNanny reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
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| 18.4 |
You and MummyNanny agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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19 |
GENERAL PROVISIONS |
| 19.1 |
We reserve all rights not expressly granted herein.
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| 19.2 |
You may not assign, sublicense, transfer or otherwise dispose of any rights granted to you hereunder or subcontract any of your obligations, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
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| 19.3 |
We have the right to transfer, assign or otherwise dispose of these Terms and Conditions without your consent.
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| 19.4 |
Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.
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| 19.5 |
Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.
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| 19.6 |
We will be entitled to recover all costs (including attorneys’ fees) that we incur in order to enforce these Terms and Conditions.
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| 19.7 |
Any notices required or permitted by these Terms and Conditions (other than legal process) may be given by email with the proviso that we will email your Account’s email address. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
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| 19.8 |
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
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| 19.9 |
Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
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| 19.10 |
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
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| 19.11 |
These Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of MummyNanny' and its affiliates' and subsidiaries' respective successors and assigns).
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| 19.12 |
The terms set forth in these Terms and Conditions and any agreements and policies included or referred to in these Terms and Conditions constitute the entire agreement between you and MummyNanny. They replace any other agreement between us on this subject. If any provision of these Terms and Conditions is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by us. In entering into the agreement formed by these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions.
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| 19.13 |
If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact us through your Account’s Messages Page. Be sure to start a New Conversation with “General Inquiry” selected from the drop-down options.
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20 |
DIGITAL SIGNATURE |
| 20.1 |
I have read these Terms and Conditions and agree to all of the provisions contained above and any revision the same hereafter. By clicking the “Sign Up” button during registration, I understand that I am creating a digital signature, which I intend to have the same force and effect as if I had signed my name manually.
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