- PREAMBLE – A SHORT SIMPLE SUMMARY
1.1 By accessing and using the Nunanny platform (the Nunanny software) you agree to the terms and conditions set out herein.
1.3 Nunanny neither performs any child care services, nor does it employ any Child Care Providers.
1.4 Nunanny makes it easy for you (the User) to get in touch and appoint a Child Care Provider on a part time basis to take care of your child(ren).
1.5 Nunanny has built a database of Child Care Providers and advertise their respective services on a platform from which you can communicate, obtain information and appoint any of the Child Care Providers directly for a specific sit.
1.6 Only Child Care Providers who has been screened by Nunanny, will form part of the Nunanny database.
1.7 Nunanny will upon your request provide you with the information and documentation used during the screening of each individual Child Care Provider so you can make an informed appointment.
1.8 Nunanny gets the information and documentation from third parties and therefore can’t guarantee the validity thereof, but Nunanny however will use its best endeavours to confirm its correctness.
1.9 Nunanny will not be a party to the service agreement (transaction) between you and any Child Care Provider and therefore exclude all liability in respect of any loss, damage, injury, illness or death which may arise out of your agreement (transaction) with any Child Care Provider.
1.10 Nunanny doesn’t not warrant or guarantee any level of service (quality, reliability, or suitability) to be provided by any Child Care Provider, as all the Child Care Providers are independent third party service providers and not employees of Nunanny.
- DEFINITIONS & INTERPRETATION
2.1 In this agreement, unless clearly inconsistent with or otherwise indicated by the context –
2.1.1 “the User” shall mean the natural person entering and making use of the Nunanny Service Platform for the purpose of finding, communicating and appointing screened Child Care Providers on a part time basis from the Nunanny database.
2.1.2 “Nunanny” shall mean shall mean a private company duly incorporated in terms of the Company’s Act of the Republic South Africa;
2.2.3 “Child Care Provider” shall mean independent contractors providing child care services on a part time basis to the User who requests such services through Nunanny platform; and
2.1.4 “Nunanny Services” shall mean building a database of screened Child Care Providers, providing a platform for the said Child Care Providers on which to offer their services to Users on a part-time (when needed and available) basis in their respective capacities as independent contractors, and Users to make such appointments when needed.
2.2 Any reference to –
2.2.1 the singular includes the plural and vice versa;
2.2.2 natural persons includes legal persons and vice versa; and
2.2.3 any reference to a gender includes the other genders.
2.3 The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
2.4 In the event of the day for payment of any amount due in terms of this agreement falling on a day which is not a business day, payment shall remain due and payable immediately, regardless of whether the due date falls on a Saturday, Sunday or Public Holiday.
2.5 No provision shall be construed against or interpreted to the disadvantage of any party hereto by reason of such party having or being deemed to have constructed, drafted or proposed such provision.
- RATES AND TERMS OF PAYMENT
3.1 All amounts noted in this paragraph includes the Nunanny usage fee and all applicable VAT (Value Added Tax).
3.2 The rates and charges will be as follows:-
3.2.1 all Child Care Providers charge a rate of R90.00 (Ninety Rand) per hour, which amount includes their transport to and from the User’s premises, subject to clause 3.2.2 below;
3.2.2 each Child Care Provider has indicated on their respective profiles until which time of day they are comfortable making use of public transport (bus/minibus taxi/ bus) from the nearest transport hub, dependant on the the distance from the User’s premises to their respective homes. Therefore, the User hereby agrees that should any sit end later than the time mentioned above, the User will be responsible for either driving the Child Care Provider home or arrange an Uber/Taxify to transport the Child Care Provider home at the User’s expense.
3.3 In the event that a sit:-
3.3.1 runs over the total booked hours for a period up to 30 (thirty) minutes over the last hour the User will be charged an additional R45.00 (Forty Five Rand); or
3.3.2 runs 31 (thirty one) minutes to an hour over the booked period, the Client will be charged at the full R90.00 (Ninety Rand) hourly rate.
3.4 Once the Nunanny platform has confirmed the availability of any of the Child Care Providers, the User must make payment in full to confirm the booking. Payments made by the User are final and non-refundable, unless otherwise determined by Nunanny and at its sole discretion.
3.5 All requested sittings must be cancelled no later than 24 (Twenty Four) hours prior to the proposed commencement of that sitting.
3.6 In the event that:-
3.6.1 the User elects to cancel the booked sitting within 24 (Twenty Four) hours of the proposed commencement, the User will be charged a cancellation fee of R60.00 (Sixty Rand);
3.6.2 the User elects to cancel the booked sitting within 24 (Twenty Four) hours but before 8 (Eight) hours of the proposed commencement of that sitting, the User will be charged a cancellation fee of R180.00 (One Hundred and Eighty Rand); and
3.6.3 the User elects to cancel the booked sitting within 8 (Eight Hours) prior to the proposed commencement time of that sitting, a cancellation fee of the total amount of that sit.
The respective fees will immediately become due and payable to the Child Care Provider and payment is to be made through Nunanny who will upon cancellation collect the fee on behalf the Child Care Provider.
3.6 The User is hereby advised that should he/she elect to make payment as a gratuity to the Child Care Provider, such payments are made directly to the Child Care Provider. Gratuities are voluntary and the User is under no obligation to pay such gratuities.
3.7 In the event that a User wishes to appoint any Child Care Provider full time, that User will be liable to make payment of a recruitment fee of R3000.00 (Three Thousand Rand) to Nunanny. Should the User fail to inform Nunanny of same, the User will remain liable for payment of the above mentioned recruitment fee.
4. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES
THE SERVICE IS PROVIDED VOETSTOOTS “AS IS” AND “WHEN AVAILABLE”. Nunanny MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICE. THE USER HEREBY AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USER’S USE OF THE SERVICE, REMAINS SOLELY WITH THE USER, TO THE FULL EXTENT PERMITTED UNDER THE LAWS OF THE REPUBLIC OF SOUTH AFRICA.
- LIMITATION OF LIABILITY
THE USER MAY NOT HOLD Nunanny LIABLE FOR ANY DAMAGE OR LOSS SUFFERED ARISING OUT OF THE FAILURE OR DELAY IN DELIVERING THE SERVICE IN CIRCUMSTANCES WHICH COULD NOT REASONABLY HAVE BEEN CONSIDERED TO BE WITHIN Nunanny’S CONTROL. Nunanny CAN FURTHERMORE NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS SUFFERED ARISING DIRECTLY OR INDIRECTLY FROM ANY SERVICE RENDERED BY ANY CHILD CARE PROVIDER APPOINTED THROUGH Nunanny CAN’T BE LIABLE FOR ANY DIRECT, 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 SERVICE, REGARDLESS OF NEGLIGENCE.
- PLACEMENT AND SUITABILITY OF CHILD CARE PROVIDERS
6.1 The User must first sign up to with a valid email address and username on the Nunanny platform before he/she will be able to use the Nunanny platform. No service will take place until Nunanny is in possession of the User’s sign up information. Once the User has completed the sign up process, their information will remain on the Nunanny database. Nunanny hereby agrees to keep all such information confidential and act in accordance with the provisions and regulations of the Protection of Personal Information Act, Act 4 of 2013.
6.2 Nunanny will use its best endeavours to request the same Child Care Provider’s services every time upon the User’s request. Due to the fact that the Child Care Provider’s elects when bookings are taken. Nunanny will however suggest alternative Child Care Providers who are available.
6.3 In selecting Child Care Providers, Nunanny has relied on the information supplied by the Child Care Provider, and the information obtained from references supplied. Nunanny has relied on the information in good faith and has passed on such information to the User in good faith. Due to the fact that the information was obtained from third parties, Nunanny can’t guarantee the correctness of same and the User has the right to verify such information as he/she might deem fit. .
6.4 The following information and documentation is used by Nunanny during each screening:-
6.4.1 Comprehensive Application Form;
6.4.2 Certified Copy of ID or Passport;
6.4.3 Police Criminal Clearance Certificate / or recent Zimbabwean Exemption Permit which includes a Criminal Clearance;
6.4.4 Infant and Child First Aid and CPR Certificate;
6.4.5 Two positive references of previous child care work;
6.4.6 Verbal and written competence in the English language –tested at interview stage and telephonically
6.5 The User may request copies of the information and documentation referred to in 6.4 above from Nunanny in order to make an informed decision prior to appoint any specific Child Care Provider. Due to the fact that such information and documentation contains personal information of the Child Care Providers, the User hereby agree to keep all such information confidential and act in accordance with the provisions and regulations of the Protection of Personal Information Act, Act 4 of 2013.
- THE USER AND CHILD CARE PROVIDER RELATIONSHIP
As a result of the fact that Nanny’s are appointed by the Client from time to time directly, the User can’t hold Nunanny liable for any loss or damages caused directly or indirectly by the independent services rendered by the Child Care Provider. The User and the Child Care Provider will be responsible for their own conduct during the course of their part time appointment and no recourse can be taken by either party against Nunanny. The User will be responsible to keep all personal information of the Child Care Provider confidential and protect same in accordance with the provisions of the Protection of Personal Information Act, Act 4 of 2013.
8.1 The User hereby undertakes to treat all information supplied by Nunanny regarding any Child Care Provider confidential. Such information may under no circumstances be passed on to any other third party without the prior written consent of both the Child Care Provider and Nunanny.
8.2 Nunanny undertakes to keep all of the User’s personal information confidential and will protect same in line with the regulations set out in the Protection of Personal Information Act, Act 4 of 2013.
9. NETWORK ACCESS & DEVICES
The User is responsible for obtaining the data network access necessary to use the Service. The User’s mobile network’s data and messaging rates and fees may apply if the User accesses or uses the Nunanny Service from his/her device. It is the responsibility of the User to update their software and acquiring and updating compatible hardware or devices necessary to access and use the Nunanny Service. Nunanny does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices.
- JURISDICTION, APPLICABLE LAWS & COSTS
The User and Nunanny hereby consent to the jurisdiction of the Magistrate’s Courts of South Africa in respect of all legal matters arising out of these Terms and Conditions. This legal and binding agreement between Nunanny and the User will be governed by the laws of the Republic of South Africa and the User acknowledges that he/she will be liable to pay all collections cost and any legal costs incurred on attorney-own-client basis for costs incurred by Nunanny in recovering fees due and payable by the User.
If any provision of this agreement is found to be unlawful, unenforceable or invalid, it shall be deemed to be severable from the remaining provisions of this agreement and to the extent that the same is unlawful, unenforceable or invalid, be deemed to be pro non scripto.
- WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.
No latitude, extension of time or other indulgence which may be given or allowed by any party to the other party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this agreement, and no single or partial exercise of any right by any party under this agreement, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the party’s rights in terms of or arising from this agreement or estop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.