GENERAL TERMS AND CONDITIONS AND CONDITIONS OF SALE OF SERVICES OF THE YOOPIES WEBSITE
A – General Informations
1.The General Terms and Conditions and Conditions of Sale of Services of the Yoopies Website (hereinafter referred to as “the General Terms and Conditions” or “GTC”) are intended to govern the relationship between the company Yoopies, SAS (French Simplified Joint Stock Company) with registered capital of €15.924, with registered address situated at 17 rue de Froment, 75011 Paris, and registered in the Paris Trade and Companies Register under number 533 592 051, publisher of the websites : yoopies.fr, yoopies.com, yoopies.de, yoopies.es, australia.yoopies.com, www.findababysitter.com, serialmother.com, serialmother.yoopies.fr (hereinafter “Related Website”) and the users of these services.
2.Yoopies and Related Websites already offer the following services:
- a matchmaking service between baby-sitters, child-minders (hereinafter called “nannies”) and parents willing to find care for their children (A) ;
- A tips service which provides parents with information on family activities, family sightseeing, family products or services and general advice on childhood and motherhood (B) ;
- A deal service which offers promotions and sales, on the internet, of events, products and service provision, under the form of “vouchers” or “deals” intended for parents of young children customers (C).
3. Use of the website Yoopies and its related websites is subject to acceptance of these General Terms and Conditions.
The user declares without reservation to have read, understood and accepted these GTC. The user further declares that he/she is legally capable of giving consent. If he/she is under 18 or incapable of giving consent, he/she declares to be holder of the approval of a tenured person of parental authority, of a guardian or guardian of adult lacking legal capacity.
Yoopies reserves the right to modify and update, without forewarning, these General Terms and Conditions, the new terms and conditions shall be applicable as soon as they are published online.
4. The present site is hosted by: Gandi.net.
The website publication manager is Benjamin Suchar, President of Yoopies.
5. The completeness, accuracy and veracity of the classified advertisements published by the users shall never lead to any liability on the part of the Yoopies company, and author of each classified advertisement shall assume full responsibility, risk and liability from his/her publication.
The user understands and agrees that any loss or damage of any kind that occurs as a result of the use of any classified advertisement, feedback, comments, questions, and other information (hereinafter « User Content ») that is send, upload, download, stream, post, transmit, display, or otherwise make available or access through the user use of the Service, is solely the user responsibility. Yoopies is not responsible for any public display or misuse of the User Content.
Yoopies reserves the right, but is not obligated, to reject and/or remove any User Content that Yoopies
Believes, in its sole discretion, violates these GTC.
As a condition of use, the user covenants not to sue, and agrees to waive and release Yoopies from any and all claims, demands and causes of action for any injuries, losses or damages that user may now or
Hereafter have as a result of his/her use of, or reliance on Yoopies and its Related Websites.
6. Yoopies has the copyrights on the entire Yoopies’ website and its Related Websites, and on all the pages and documents that are edited by Yoopies. Any violation of our intellectual property rights may lead Yoopies to take legal actions to protect these rights.
Yoopies prohibits any utilization of its website, services or datas other than that proposed by the Yoopies Website. Any user who departs from this rule and uses Yoopies or its Related Websites (by paying or not) shall have his/her account suppressed, without being entitled to any indemnity of refund.
It is expressly forbidden for all legal person or natural person acting for a legal person, to contact parents, nannies or baby-sitters or to pick up in full or in parts, the database of the website, or to use the website, which is only intended for private individuals.
Yoopies reserves the right to initiate any legal action it shall deem necessary in case of such misconducts, namely if they are done for commercial purposes and/or for data bank prospection (prospection and/or information gathering on Yoopies users, use of Yoopies users’ contact data, abusive advertising…).
B- Use of the service of matchmaking between parents and baby-sitters or nannies
- Baby-sitters and nannies looking for children to care for
7.Any person who wish to create a profile or post an advertisement online in order to look after children (baby-sitter, nannies or professional child-minders) shall first register on the website. Registration requires to fill in a form with information relevant to childcare and to parents, and to choose an email address and a password for future logins.
Baby-sitters, nannies and professional child-minders will have to write a short text for the advertisement during the registration process, while acknowledging that the advertisement will be published online with the contact details of its author after saving.
A confirmation email will be sent to the baby-sitter, nanny or professional child-minder to confirm her/his registration on the website.
Once a person is registered, he/she can still modify all information present on his/her profile.
8. Once registered, the baby-sitter, nanny or professional child-minder can modify their profile if needed. A confirmation email will be sent to confirm the publication online of the modified advertisement.
In any cases, for practical purposes, Yoopies reserves the right to modify the formal aspect of the advertisement (namely the font type) in order to integrate it to the website.
Besides, Yoopies reserves the right not to publish or to remove later on any advertisement which would not match its prerequisite publishing level or which would include improper language.
The advertisement will stay online for a minimum period of six months, starting from the last advertisement update. The baby-sitter, nanny or professional child-minder is encouraged to regularly modify his/her advertisement and availabilities in order to update his/her advertisement.
9.Baby-sitters, nannies and child-minders’ profiles are communicated to parents based on selected criteria (localization, date of the last update…).
10. Baby-sitters, nannies and child-minders will have the option to check a box indicating that they accept to provide their telephone numbers to parents upon their request.
Otherwise, their phone number will not be transmitted to anyone without their agreement.
11. The babysitter, nanny or professional child-minder can ask Yoopies to forward their profile to parents who have posted an advertisement online and who are looking for a babysitter or nanny.
Contact details of the babysitter, nanny or professional child-minder will only be transmitted to the parents if they desired to be put in touch with alike person.
12. Babysitters, nannies or professional child-minders are paid directly by parents. No compensation whatsoever shall be due to babysitters, nannies or professional child-minders by Yoopies.
Furthermore, no contractual relationship exists between babysitters, nannies or professional child-minders and Yoopies.
13. In order to inform parents about the skills of the person who will look after their children, Yoopies and its related websites offer a rating system to rate babysitters and nannies’ performances.
Babysitters, nannies and child-minders agree that his/her performance can be rated by parents, knowing that they can do it through Yoopies.com.
It is by no means the person who is rated but his/her performance as a babysitter or nanny.
The rating consists in grading several aspects of the babysitter, nanny or professional child-minder’s performance, grades ranging from 1 to 5 “pacifiers”. The average of these grades will determine the final grade, which will also range from one to five pacifiers.
The grading criteria are the following:
- Sense of responsability
- Interpersonal skills
As soon as the babysitter, nanny or professional child-minder will have been rated at least once, the average grade ranging from one to five pacifiers will be posted online next to the babysitter, nanny or professional child-minder’s profile, it will appear as such on the website Yoopies.
After each new rating, a new average will be established.
Individual grades given by parents to the babysitter, nanny or professional child-minder can be transmitted to the babysitter, nanny or professional child-minder concerned on his/her demand. He/she can then contest the grades he/she received to Yoopies who reserves the right, when applicable, to change the grading.
Depending on the age and/or other rating given by the parents, Yoopies reserves the right to suppress old rating(s).
13 bis. In order to inform parents about the veracity of personal information about the person who will look after their children, Yoopies and its related websites offer the certification of the profiles. That certification consists in checking the ID, contact details and relevant degrees of baby-sitters, nannies or professional child-minders who ask to be certified.
Baby-sitters, nannies or professional child-minders who want to be certified will have to pay an amount of four euros (€4) tax included, to cover the verification cost.
14. Certification can also be offered to sitter in exchange for a service (e.g. invitation of other friends) and/or on Yoopies discretion.
15. At any time, baby-sitters, nannies or professional child-minders can disable their advertisement and modify and/or delete information of their account.
2 – Parents looking for childcare
16. Any parent who wishes to be contacted and/or to publish an advertisement to find childcare (baby-sitter, nannies or professional child-minders) shall first register on the website. Registration is free and requires to fill in a form with information relevant to childcare needs, and to choose an email address and a password for future logins.
Once registered, parents will gain access to baby-sitters, nannies or professional child-minders’ availabilities and can contact one (1) babysitter, nanny or professional child-minder for free. All other matchmaking with a person requires to pay a subscription.
A registered person can modify his/her profile anytime.
17. Parents can post an advertisement online for free.
They will receive a confirmation email once their advertisement is published online.
The advertisement will stay online for a minimum period of one month, starting from the last advertisement update. Parents can modify or disable their advertisement at any time.
In order to ease the parents’ search, parents accept that their contact details will be transmitted to agencies and/or association which are Yoopies partners. If they do not want to be contacted by such agencies or associations, they can uncheck the relevant box.
18. Besides the free registration, parents can chose to subscribe and pay for the monthly, quarterly or annual ‘premium’ membership.
With membership, parents gain access, as long as the subscription runs, to the ratings of all baby-sitters, nannies and child-minders , to their complete personal information and to their contact details.
Cost of membership is indicated on the Yoopies website in the relevant section. All taxes are included in the prices.
All payments shall be made online with one of the following means of payment: Credit card, Visa, EuroCard, MasterCard or PayPal.
Parents shall fill in their credit card number, the card expiration date and the last three numbers written on the back of the card. The SSL security protocol guarantee a total confidentiality with regard to all personal information communicated on the internet.
Once the payment is made, it shall remain the property of Yoopies even if the parents have not contacted any baby-sitter or nanny. No refund of payments, partial or full, is available through Yoopies. Yoopies reserves the right to modify the amount of the different membership formula at anytime.
Parents can use a promotional code that offers a reduction on the normal price or they can benefit from a free trial on a limited number of days.
A confirmation email will be sent to confirm the subscription to the premium membership.
The subscription will be renewed by tacit agreement for the same period than originally subscribed. The renewal can be stopped at any time by un-checking the box “subscription renewal” in “my profile” and “options”. Users are informed about the subscription renewal at the time of the payment, information being given on the page just before the payment page and is repeated on the payment confirmation email.
19. Parents interested by a baby-sitter or a nanny profile will notice Yoopies by clicking in the relevant boxes on the right side of the selected profile (phone contact or messaging).
Moreover, Yoopies can inform parents if a sitter or a nanny shows interest in their profile after they have posted an advertisement.
20. Baby-sitter or nanny’s phone contact will be communicated to parents (if the baby-sitter or nanny accepted to communicate her phone contact). Parents will also have the option to send a message to the baby-sitter or nany, once they have paid the subscription to Yoopies (unless it is the first matchmaking after the subscription). Full access to contact information described in section 20 hereinabove shall be available as long as the subscription runs.
The amount of the subscription is indicated on the relevant page of the website. All taxes are included on the indicated price.
Payment is made according to provisions described in section 18 hereinabove.
Once the payment is made, it shall remain the property of Yoopies even if the parents have not contacted any baby-sitter or nanny.
21. Yoopies reserves the right to modify the price of the premium membership that shall be paid by the parents interested in a Yoopies ad and modify the time
22. Yoopies reserves the right to change the subscription fee which must be paid by parents interested in an ad, and access to information about babysitters and nannies at any time period.
23. Parents directly remunerate the babysitter and nanny.
Parents undertake to comply with applicable law in employment of babysitters and nannies.
23. Parents are asked to give their assessment of the delivery - and delivery only - babysitters and nannies in assigning a rating from one to five stars on various criteria, in addition to these notes giving an overall score also from one to five stars.
The criteria are:
- - Punctuality ;
- - Seriousness
- - Social ability
- - Effectiveness.
The use of the reviews made on the Yoopies and relative websites in the section reserved for this purpose, from the account of the parents.
The reviews will be visible to babysitters and nannies who will be able to identify which notes parents have attributed to their performance. Yoopies. reserves in any event can change the reviews if substantiated request for amendment of the nanny or babysitter.Yoopies reserves the right to remove logs if they are old or if they no longer seem to match the quality of more recent performances of the nanny or babysitter.
Parents can share if they have had the appreciation of a particular babysitter or nanny through a Facebook link.
Parents are advised that the ratings allow babysitters and nannies earn points and ultimately win prizes.It is by no means an additional fee
Service linking babysitters and nannies with parents need to be interactive. Also, if scoring three babysitters or nannies whose parents have requested contact with Yoopies and relative websites, they may be denied the notes babysitters and nannies.
Finally, parents will receive a regular newsletter informing them of the existence of nannies and / or babysitters that match their search criteria. They can unsubscribe to this newsletter if they wish.
24. At any time, parents can remove their account or an ad, or change their account information.
C – Using the service ‘tips’»
25. Yoopies and relative websites provides parents with activities to do, places to see or visit, places to have lunch etc.. with their children, as well as advice on children, and on all other products and services related to children .
All these proposals are grouped under the term "tips".
These tips are offered by Yoopies and its relative websites. A user can submit a good plan by email to Yoopies. The company Yoopies reserves the right to publish it or not, identifying the appropriate one or the have suggested that, if he wishes. These tips, whatever their source, can also be commented on by users.
26. The parents subscribed under the test conditions described in paragraph 18 may have access, in addition to some "deals" exclusively, reductions, promotions or contests is reserved for them. Some "tips" will be reserved for them.
27. Anyone wishing to suggest a tip or a comment already on the line shall first register. Registration requires filling out a form with information that will enable linking with parents, and to define a username, a password and a username for subsequent connections.
An email confirmation will be sent confirming the registration.
The registered person retains the right to modify the information related to his or her profile.
28. A user can delete a good plan he has suggested.
He or she can simply request the removal of a comment that has an issue by sending an e-mail of this effect to Yoopies.
29. The "tips" service is completely free.
The company Yoopies does absolutely not guarantee that the all the advices in the « tips » service will be free, since some locations might be free and others not. .
There will also be tips with partners or warrants sponsored plans that are clearly presented as "Good partners ".
Finally, parents will receive a regular newsletter informing them of tips. They may unsubscribe from this newsletter at at any time.
D – The sales department of "vouchers" or "Deals"
30. As explained in the introduction, the company Yoopies promotes and sells on the Internet, events, products and services in the form of "vouchers" or "deals" (hereinafter "vouchers ") for parents.
These general conditions of sale are intended to apply in the relations between the society Yoopies and parents wishing to take advantage of attractive prices negotiated with providers (hereinafter or "Service (s)") that have been selected.
Prerequisite for using the service
31. Users wishing to make use of the "Vouchers" should have registered firstly under the conditions described in paragraph 16 above. Registration will make it easy to purchase, and to receive documents and information related to orders made.
Description and availability of products
32. Products and services (hereinafter or "Product (s)") are presented on the Yoopies and relative websites for a period negotiated with the Service in accordance with the regulations applicable to them, and their essential characteristics are described.
Products presented on Yoopies and relative websites can under no circumstances be the object of demand changes in the composition or presentation.
The photographs and texts available on the web site are for illustrative purposes only and can not have any contractual value or liability of the company Yoopies if the product received was not exactly the same as the presentation is made on the website.
Photographs of products may not be used for any purpose whatsoever without the express written permission of the company Yoopies.
33. Products offered for sale are subject to availability of the Contractor, it being understood that, in principle, for each voucher negotiated by the company Yoopies with service providers is a product. The availability of products will be specified where appropriate on Yoopies and relative websites.
In the event of a temporary unavailability of a product, the company Yoopies Yoopies and relative websites mention on the Internet site where the provider has sent him information, indicative term supply the missing Product and Delivery projected thereon.
.In case of permanent unavailability of a product after placing an order by a customer, the company Yoopies inform him/her by email and he will propose one or more alternative products.
In the event that the customer refuses the offer of substitution, the order will be canceled and it will be immediately refunded if his bank account has been debited.
Taking orders and confirmation
34. The client undertakes to fulfill the order accurately. In case of an error in the address of the recipient, the company Yoopies can not be held responsible for failure to deliver the recipient or a possible return. If the client wishes to redirect the fold to another address, it will have to pay the additional costs.
35. Each order is subject to acceptance by the company Yoopies .
36. As validation of credit card data on the interface of the partner bank Yoopies, the order is considered final and can not be questioned. The command is definitely accepted after confirmation of payment and acceptance of the Terms and Conditions. Thus, the order will be taken into account only actual receipt by the company Yoopies funds thereunder
37. Consumers within the meaning of the Consumer Code, have a right of withdrawal 7 days of receipt of the order.
The withdrawal period will apply only if not received or taken delivery of the product in the Service, or, in the event that it would have taken possession, provided having returned unopened in the Service.
The company Yoopies wait until the Service has confirmed in writing that the product was not delivered or was returned unopened and in good condition prior to refund.
Any return shipping costs are the responsibility of the customer
38. The prices listed on Yoopies are in in Euros. On demand, prices may be disclosed in Euros HT.
Besides the price of voucher will indicate the retail price of the product so that the customer may know the discount negotiated by the company Yoopies.
Customers with a premium subscription as described in paragraph 18 above may receive an additional discount. In this case, it will be mentioned further in this side of the product retail price reduction and the price already negotiated by Yoopies.
VAT applies to orders to mainland France and overseas, Corsica and the European Union countries. The rate is likely to vary depending on the nature of the product.
Customers can purchase one voucher per product, and therefore receive only a single reduction related to its purchase, unless otherwise specified
Payment with order
39. Payment is made online by credit card: Visa, Eurocard, Mastercard + PAYPAL
Guests should indicate their credit card number and the expiry date and the last three digits of the symbol on the back of the card. The SSL security protocol used ensures complete confidentiality of personal information transmitted over the Internet.
40. The currency used for the transaction is the Euro. The amount debited from the credit card used will depend on the price of the Euro on the day of discharge and any exchange fees charged by the bank issuing the card
Delivery and Delivery of products
41. Once the payment is received, the company sends Yoopies an email and forty-eight (48) hours later, the voucher will be sent to the address stated by the customer during registration.
42. The customer is responsible for the particulars he has duly provided when ordering (full address, floor, door code, phone ..). The company Yoopies may be liable for a return delivery for non-issuance of the voucher due to wrong information. If the purchase was to be returned due to this problem, the new delivery will be charged in full to the customer.
43. Upon receipt of the voucher, the customer has the time indicated on the Good for contact and / or go to the Service so that it address or by providing the relevant product.
It is best if the client to go to the Service in its opening hours. The company Yoopies indicate when sending the Voucher full details of the provider.
Claim, replacement and refund
44. The customer must ensure compliance of the product with the order. All claims must to be taken into account, respond within 72 hours of delivery or receipt (email firstname.lastname@example.org).
45. Any claim, replacement or refund must be made prior to the Service, solely responsible for the quality and compliance of its products.
Inform the customer in writing parallel society Yoopies, e-mail address email@example.com the claim, request for replacement or refund made to the Provider.
Assuming he will not be able to find a solution with the provider, the client may request the company Yoopies repayment voucher.
In no event shall Yoopies not proceed to refund if it considers, after taking the opinion of the Contractor, that the product is delivered or shipped to the controlled with the Voucher
E - Liability
46. The company Yoopies does not assume responsibility for truthfulness, validity and accuracy of the ads and comments posted by users and remains the sole responsibility of their authors.
As a result, users ensure Yoopies company against any claim or dispute relating to the content of ads published by users.
47. Yoopies society is bound by an obligation of means in terms of continuity of services as proposed in the Internet Yoopies website.
The company Yoopies is not subject to any obligation of result, except for the provision of contact details and contacting babysitters and nannies with parents after payment by the parents of the Committee referred to in paragraph 19.
48. The company Yoopies does not guarantee service quality babysitters and nannies, whether certified or not. In addition, the company Yoopies does not guarantee the accuracy of the announcements made by babysitters and nannies.
The company Yoopies does not guarantee the payment of babysitters and nannies by parents.
49. In general, the company does not guarantee Yoopies user behavior whatsoever, or their honesty or loyalty.
50. The company Yoopies does not guarantee the quality of amenities in the "tips" activities.
51. Due to the nature of the services offered by Yoopies the company Yoopies can not be held responsible for any direct or indirect damage caused by data loss or accidental dissemination of viruses, or illegal behavior.
F - Conditions for access to services
52. For reasons related to the modification of the website or its maintenance, the company can cut Yoopies.com for several hours or days without this giving any compensation.
It is the same in the event of termination of Yoopies.com site on the internet
53. The user is solely responsible for its data and the confidentiality of their account and password. In case of loss, it may be assigned to him by a new Yoopies.com.
54. The user is solely responsible for the author and content of their postings and comments and their associated elements.
Yoopies does not take responsibility for ads and comments on the website and does not check their legality or reality. Yoopies may change the ad at their own discretion.
55. In addition, Yoopies reserves the right to modify, suspend or discontinue all or part of an ad or comment considered contrary to these terms, the quality of service required, by law, to public order or morality, or be detrimental to the image of the site or to disrupt its use. Yoopies also reserves the right to suspend or remove any advertisement or comment that has been reported by a user issue.
In this regard, Yoopies reserves the right to modify or remove the ads and comments, without notice, if they are not anonymous, they are incorrectly formatted, or not directly related to the care of children or involved. business
In general, users on Yoopies undertake to write their ads and comments accurately and clearly, and to remain loyal and honest in their writings.
56. User certifies to obtain any permission to quote or use in its announcement elements implementing the image rights or intellectual property of others. The user agrees to be personally responsible for any use which emanate from the copyright holder concerned and release the company from all liability Yoopies.
Anyone inserting a hyperlink Yoopies assumes full responsibility towards the other. the Yoopies society towards the third parties.
57. Yoopies may limit (i) the number of ads or comments posted, (ii) the number of characters in the ads and comments, (iii) the number of days the ads and comments are published.
58. Yoopies reserves the right to terminate the access rights of a user in the event of improper or illegal conduct, or if there is no access for a period of one year on Yoopies.com.
59. The Yoopies.com website has been declared to CNIL under the number 1538426 v 0.
60. To handle requests from users, the company Yoopies collects personal information about them. This information can be used, where applicable, names of children, parents, babysitters and nannies, address, phone number, email address IP /, a number of credit card / debit details on another method of payment.
61. Personal information may be used in the following cases: for contact users if the response to one of their ads, for legal or administrative reasons, for statistical and market analysis, to test systems for surveys with users and communications from customer service.
The company Yoopies may also be required to disclose personal information to companies with which contracts are awarded and who act on behalf of the company Yoopies as "agency data processing" or, with the consent of the users, to service providers.
62. The company Yoopies respects strict security procedures in the storage and disclosure of information at its disposal. These security procedures involved to ensure the identity of the speakers before you disclose sensitive information about them.
Communication and direct marketing
63. It may be that the company Yoopies sends a letter or e-mail promotions, general information on the operation and activities of the site, as well as services and tips, and finally to customize the site Yoopies according to the preferences of the users .. However, the user is free to accept or not this type of advertising communications by sharing his choice when registering. In each electronic communication, the user can indicate it no longer wishes to receive such emails.
For more information on cookies or a way to prevent, please visit: http://www.allaboutcookies.org
Links to third party websites
66. Yoopies society attaches great importance to the security of the site. The data provided is protected by SSL (Secure Socket Layer) technology. This is the standard method used in the industry to encode personal information and credit card details so they can be transferred securely over the Internet.
67. Under the Data Protection Act of 6 January 1978, the user has a right of access, the right to oppose, the right to correct and / or delete information concerning and it would be able to communicate through the use of the website Yoopies.com and services. The user can exercise the rights referred to above by sending a request to the company Yoopies (indicating the e-mail address, name, mailing address), Yoopies The company can be contacted by e-mail to Next firstname.lastname@example.org Internet or by mail addressed to the following address: Yoopies, 17 rue de Froment, 75011 Paris.
H - Applicable Law and Jurisdiction
69. The applicable law is French law.
The courts are the courts of Paris, unless otherwise provided by law.