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Book Nanny/Maid Terms & Conditions
Booking Inquiry Terms and Conditions
By proceeding and/or utilizing the Smart Nanny app or any associated service, I acknowledge that I have read and understood the terms and conditions as stipulated hereunder and that I agree to same.
By proceeding to register and/or utilize the services of Smart Nanny you agree to be bound by these Terms, which establishes a contractual relationship between you and Smart Nanny. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Smart Nanny may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Additional terms and conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Additional terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Additional terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Smart Nanny’s various brands or request options associated with carer or nanny services. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (I) certain of Smart Nanny’s subsidiaries and affiliates; or (ii) independent Third-Party Providers.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Smart Nanny certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Smart Nanny’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Smart Nanny in writing, you may only possess one Account.
User Requirements and Conduct.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or
property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Smart Nanny at any time by following the directions found at Smart Nanny’s website. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Smart Nanny will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges may include other applicable fees and/or surcharges and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Smart Nanny.
All Charges are due immediately and payment will be facilitated by Smart Nanny using the preferred payment method designated in your Account, after which Smart Nanny will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Smart Nanny may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
By using the booking inquiry form you agree to pay the non-refundable administration fee of R250.00 for the services offered in terms of us placing you with a permanent maid/nanny.
The services are provided “as is” and “as available.” Smart Nanny disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Smart Nanny makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Smart Nanny does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY.
Smart Nanny shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Smart Nanny has been advised of the possibility of such damages. Smart Nanny shall not be liable for any damages, liability or losses arising out of: (I) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if Smart Nanny has been advised of the possibility of such damages. Smart Nanny shall not be liable for delay or failure in performance. In no event shall Smart Nanny’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred Rands (R500).
Smart Nanny’s services may be used by you to request and schedule care giver or nanny services with third party providers, but you agree that Smart Nanny has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Smart Nanny and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (I) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Smart Nanny’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Smart Nanny may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Smart Nanny by written communication to Smart Nanny's address at 140 West St, Sandown, Sandton, 2196
You may not assign or transfer these Terms in whole or in part without Smart Nanny’s prior written approval. You give your approval to Smart Nanny for it to assign or transfer these Terms in whole or in part, including to: (I) a subsidiary or affiliate; (ii) an acquirer of Smart Nanny’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Smart Nanny or any Third-Party Provider as a result of the contract between you and Smart Nanny or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”