Welcome to www.tinytreasuresnyc.com (the “Site”).  Through this Site, you may register as a child care professional (“Nanny”) or register as someone who is seeking child care services (“Client”).   We then take the information you have provided through the Site and attempt to match Clients with Nannies (the “Services”).  Your use of the Site and our Services is subject to the terms of a legal agreement between you and Tiny Treasures NYC, LLC (“Company” or “we” or “us”), the owner of the Site.  These “Terms of Use” (the “Agreement”) contain the terms of that legal agreement.  The terms “you” or “your” refer to the individual(s) accessing the Site.  To use the Site or the Services you must first agree to the terms of this Agreement.  You acknowledge your acceptance of this Agreement and any other terms posted on the Site by: i) clicking to accept or agree, where this option is made available to you; or ii) by actually signing up for and/or using the Site.

PLEASE READ THIS DOCUMENT CAREFULLY!  IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.

We reserve the right to amend this Agreement at any time as provided in this Agreement. You may reject the changes by simply not using the Site or terminating your account, if applicable.

Should you have any questions or concerns about this Agreement or would like to simply better understand how we do things, please do not hesitate to contact us.

1.  Your Use of the Site and the Services.

1.1     In order to use the Services, you will be required to fill out an application.  Through the registration and log in process, you will be asked to provide information about yourself (such as name, address, email address and other contact details) as well as other background information about yourself.  You agree that all information provided is done so at your own discretion and that you are not obligated to use the Services or provide any particular piece of information.  You agree, however, that any information you do give to us will always be accurate, correct and up to date.  We may reject any potential registration for any reason at our sole discretion.  

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1.2     You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to register.  You also represent and warrant that you have the authority to authorize the method of payment and charges incurred to participate in the Services. 

 

1.3     We are a referral service.  Decisions to hire, amount of payment and other terms between Nannies and Clients are strictly between Nanny and Client.  WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN CLIENT AND NANNY.  We do not have control, supervise or provide any training or equipment to the Nanny, and have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the work provided by Nanny.  Clients and Nannies must resolve any issues, disputes or concerns directly with each other.  You agree to release Tiny Treasures NYC, LLC from any claims or liability that may arise from any disputes between you and any Client or Nanny.

 

1.4     We reserve the right to conduct background and reference checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, using third party service providers to conduct criminal background checks, immigration status 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.  By filling out an application, you agree to allow us to conduct such checks.

 

2.  Your Obligations

 

2.1     You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

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2.2     You agree not to access (or attempt to access) any of the Services by any means other than through the web site or our applications and, if required, through logging in with your user name and password as intended through your use of the Services. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).

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2.3     You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which may be connected to the Services).

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2.4     You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any portion thereof.

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2.5     You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

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2.6     If you are a Client, you represent and warrant that 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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2.7     If you are a Nanny, you represent and warrant that: (i) you have the legal right to work in the United States; and (ii) you (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

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3.      Your Password and Account Security.

3.1     You agree and understand that you are responsible for maintaining the confidentiality of your login ID and any passwords associated with any account you use to access the Services.  Accordingly, you agree that you will be solely responsible for all activities that occur under your account.  You must receive permission from the owner of the account to log in to the Services using another person’s account.  You can change your password at any time.

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3.2     If you become aware of any unauthorized use of your password or of your account, you agree to change your password to prevent further unauthorized access, and notify us immediately.   

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3.3     THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO US AND/OR THIRD PARTIES.  NEITHER US NOR ANY OF OUR OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. 

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3.4     We may, without notice, suspend or cancel your account at any time and for any reason including without limitation, if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent manner.

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4.      Hiring a Nanny/Accepting Work  

4.1     You specifically acknowledge and agree that Company is only a conduit for that allows for potential Clients to interview and hire a Nanny.  Company takes no responsibility and assumes no liability for any actions or non-actions of any Client or any Nanny.  You agree that your use of the Services is governed by this Agreement and the “Agreement for Child Care Services” or the “Nanny Agreement” (each the “Services Contract”), as applicable, that you signed. 

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4.2     You agree that you will always abide by all laws, rules and regulations in performing work as a Nanny or in employing a Nanny as a Client.

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5.         Termination

 

5.1        Either party can terminate this Agreement at any time and for any reason including its own convenience.  Termination does not relieve you of your obligations as defined in this Agreement.

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5.2        Upon termination for any reason, Company may, but is not obligated to, delete all of your information provided to us when you registered.  Company shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information.  Please be aware that if you terminate you may have to go through the application process again. 

 

5.3        Except as provided in this Agreement and the applicable Services Contract, there is no refund for terminations or portion of unused periods of time. 

 

5.4        Company may terminate or restrict your use of the Service, without any refund or other compensation or notice if you are, or if Company suspects that you are: (i) in violation of any term of this Agreement; or (ii) engaged in illegal or improper use of the Service. 

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5.5        Other than as stated herein, PAYMENTS ARE NONREFUNDABLE.

 

6.0        Pricing

 

6.1        Information regarding pricing may be available on the Company websitevor provided to you by Company.  Prices are subject to change at any time at Company’s discretion.  Taxes, if any and as required by law, are in addition to all prices listed.

 

6.2        Company may add new features for additional fees, or amend the fees for existing Services, at any time at its sole discretion. 

 

7.         Disclaimer

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COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.

 

8.         Warranty

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: I) THAT THE CONTENT OF THE SITE IS ACCURATE OR COMPLETE; or II) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

9.         Indemnity

 

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; ii) Your violation of any term of this Agreement; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any law, rule or regulation of any country; (v) any claim for damages that arises as a result of, or is related to, this Agreement or the Services; (vi) any other party's access and use of the Service with your username, password or other appropriate security code; or (vii) Your use of the Service for any reason not contemplated by this Agreement. 

 

10.        Relationship of the Parties 

 

The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between you and Company, and each will act independently of the other.  Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation.   

 

11.        Assignment

 

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without the written permission of Company.  Company is free to assign this Agreement to any third party. 

 

12. Governing Law; Consent to Jurisdiction

 

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws principles.  The parties hereby irrevocably submit to the exclusive jurisdiction of the courts located in New York, New York with respect to any matter arising out of or relating to this Agreement and irrevocably waive any objection they may now or hereafter have as to the venue for any proceeding relating to this Agreement or that such court is an inconvenient forum.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

13.        Miscellaneous Terms

 

13.1      Severability.  If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in that or any other jurisdiction.  

 

13.2      Section Headings.  The section headings and numbering of this Agreement are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.

 

13.3      No Waiver.  No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

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13.4      Entire Agreement.  This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all representations and discussions between the parties.