Terms, Conditions & Privacy

Terms & Conditions

  • The booking fee must be paid at the time of signing the service agreement and contract with Babysitter in Italy. Babysitters will not be sourced until the booking fee has been paid.
  • Full payment for the babysitter is required 48 hours in advance of services start date/time, via credit card, Paypal, Zelle or bank transfer.
  • There is a 3 hour minimum to book the babysitter
  • A credit card is required to guarantee the babysitter.
  • Free cancellation up to 48 hours prior to services start date/time. If cancellation occurs after 48 hours, 100% of the contracted services will be charged to the credit card.
  • Babysitter can work for 8 hours straight. After 8 hours, it is considered overtime and there is an extra surcharge of 5 Euros per hour.
  • All communication with the babysitters will go through the company, Babysitter in Italy.
  • Babysitters are not to be approached to hire for additional days/hours outside of Babysitter in Italy. Babysitters cannot be contacted directly.
  • Babysitter in Italy holds no liability for any services rendered..

Terms of Service

These Terms of Service apply to the use of the Service as described below. We advise you to carefully read these Terms of Service so that you are aware of your rights and obligations when making use of the services of BabysitterinItaly.com.

Article 1 Definitions

1.1 In these Terms of Service, the following terms are used with an initial capital letter, both in the singular and in the plural. These terms have the following meaning:

BabysitterinItaly: Baby Sitter in Italy SRL, also trading under the name BabysitterinItaly, registered address Via Mambo 55, Firenze, and registered with the Chamber of Commerce under registration number 123456, VAT number: smrrrrrrrrrr.

Content: all information made accessible by Users via the Website including, but not limited to, Profiles of users.

Databank: data collected by BabysitterinItaly including Profiles and other Content.

Service: the service offered by BabysitterinItaly to the User, as described in art. 3.

User: person who has created a Profile and who makes use of the Service. This includes both parents and childminders/babysitters or nannies.

Terms of Service: these terms of service.

Login Details: the username and password of the User, with which he/she obtains access to the Profile and can make use of the Service.

Intellectual Property Rights: all rights to intellectual property and associated rights, such as copyright, trademark rights, database rights, trade name rights and associated rights, as well as rights to know-how and performances on a par with such rights (similar performances, performances comparable to a patented invention).

Party: a party (the User and/or BabysitterinItaly) to these Terms of Service.

Privacy Statement: the BabysitterinItaly privacy statement, available on the website.

Profile: a description written by the User and placed by the User on the Website with a description of him/herself, including forename, gender, date of birth, location, and optionally a photo.

Website: the BabysitterinItaly website and all sub pages.

Article 2 General

2.1 BabysitterinItaly retains the right at all times to change and/or add to these Terms of Service. The most current Terms of Service can be found on the Website, or will be brought to your attention whilst making use of the Service. Should you continue using the Service after an alteration/addition to these Terms of Service, you accept the revised and/or extended Terms of Service irrevocably. If you do not accept the revised and/or extended Terms of Service, the only possibility that remains is to cease use of the Service and to delete your Profile.

Article 3 The Service

3.1 The Service offers you the possibility to create a Profile, which can be seen by other Users and visitors to the website. The objective of the Service is to bring together, via the Website, private individuals who seek temporary childcare from another private individual or a professional person with private individuals or professional persons who are willing to offer childcare services to private individuals. Users can form, on the basis of the Profile, an opinion about the characteristics and qualities of other Users.

3.2 The Service consists of offering access to the Database of parents, babysitters or nannies, and childminders, who in exchange for payment may be approached via the Website with the objective of organizing childcare together. On the Website, further conditions may be imposed under which the User may make use of the Service. These conditions concern, alongside other matters, the manner in which Profiles may be created and placed.

Article 4 Access to the Service and availability

4.1 In order to make use of the Service, you must create a Profile in the manner described on the Website. It is expressly forbidden to create a profile with the name of another person. During registration, you must supply Login Details, with which you may obtain access to your Profile.

4.2 You are personally responsible for ensuring that your Login Details remain secret. It is not permitted to pass your Login Details to third parties. You are responsible for all use made of the Service via your Login Details. BabysitterinItaly will assume that you are indeed the person making use of your Login Details. If you know or have reason to believe that your Login Details are in the hands of unauthorized persons, you must inform BabysitterinItaly immediately, notwithstanding your own obligation to undertake appropriate measures yourself, such as changing your Login Details. BabysitterinItaly is not responsible for any loss or damage caused by unauthorized access to or use of the Website and/or Service by third parties.

4.3 BabysitterinItaly retains the right at all times, without notice and without being liable in any way to you to, (i) make procedural or technical changes and/or improvements to the Website and/or Service and (ii) to remove or to block or to restrict access to the Service or your Profile (temporarily or permanently).

4.4 BabysitterinItaly is in no way whatsoever responsible for or liable to you for any loss or damage that results from the (temporary) unavailability or inaccessibility of the Website and/or Service.

4.5 BabysitterinItaly offers no guarantees, commitments, or indemnities with regard to the quality, security, legitimacy, integrity, or correctness of the Website and the Service, unless otherwise stated in these Terms of Service.

4.6 You are personally responsible for the purchase and/or correct functioning of the infrastructure and reliable telecommunications facilities (including Internet connection) necessary for the use of the Service.

Article 5 Usage of the Service

5.1 BabysitterinItaly has no knowledge of and/or involvement with the Content. BabysitterinItaly is not a mediation service. The purpose of the Service is solely to bring together demand and supply in the field of childcare and babysitting. BabysitterinItaly does not monitor the quality or characteristics of Users. BabysitterinItaly therefore accepts no responsibility for the quality or characteristics of Users and is not liable for any loss or damage caused by placed advertisements or selected candidates.

5.2 You are required to make a selection yourself, to enter into discussions with candidates, and to make (financial) agreements on the basis of your own wishes and criteria. The selection of and the decision to trust the care of your child(ren) to a User, or to carry out childcare work for a parent, lies entirely with you. BabysitterinItaly has emphatically no involvement with any contact made between Users as a result of using the Service or with any arrangements and/or agreements that result from this contact. Should you be dissatisfied or should you have a complaint about a User, you can report this via an email to info@BabysitterinItaly.com.

5.3 You are yourself wholly responsible for all actions that you carry out with the help of the Website and/or Service.

5.4 Users and Visitors are not permitted:
a. to make use of any tools other than those approved by BabysitterinItaly to search the Website or Database, to make use of data mining, robots, or other means of collecting data, or to use any software and/or hardware tools and/or solutions (under own management or made available by others) in order to gain access to information made available via the Databank, or to spider, scrape, search, or in any other improper way make use of and/or view the Database.

b. to collect details of other Users via the Service for purposes other than those named in these Terms of Service without the explicit prior written permission of BabysitterinItaly.

c. to duplicate, make public, resell, use for commercial purposes, or in any other way make available to third parties any Content obtained via the Service.

d. to engage third parties to carry out any of the actions named in this article.

e. make unnecessary or excessive use of BabysitterinItaly’s messaging system. Excessive use includes sending significantly more messages than average, causing other users to be spammed. For this reason, BabysitterinItaly has a fair use policy that maximizes the number of messages you can send within a certain time frame.

Article 6 Content

6.1 You recognize and agree that the Profile and/or other Content that you make available via the Service may be used by other Users. You recognize that BabysitterinItaly has no influence on compliance with these Terms of Service by other Users and/or third parties.

6.2 It is forbidden to place Content:

a. that is discriminatory with regards to appearance, race, religion, gender, culture, descent, or that can in any way be interpreted as injurious or inappropriate, in the opinion of BabysitterinItaly.

b. that incites violence against and/or harassment of another or others, or which leads to or is the result of the exploitation or abuse of others, or which constitutes illegal activity, or which furthers illegal activities.

c. that in the opinion of BabysitterinItaly is contrary to good manners or good taste, or is violent in nature.

d. in which the personal details of minors is requested, in which the personal details of others are made available, or in which your personal contact details are included. Should User share content of third parties such as but not limited to displaying them on photo or mentioning their personal details in the references, User should get the other party’s approval. User should be able to provide proof of this approval at all times in case of a dispute.

e. that contains viruses, Trojan horses, worms, bots, or other programs that could cause damage to an automated system, or which could lead to such a system becoming unusable or inaccessible, or which could erase or grant ownership of such a system, or that are intended to circumvent the technical security measures of the Website and/or the computer systems of BabysitterinItaly.

f. that is based upon falsehoods and/or is misleading, or that consists of taking on a false identity, and/or incorrectly suggests that the User is connected with BabysitterinItaly.

g. that involves chain letters, junk mail or spamming and/or whereby passwords or other details which can be traced to individuals are requested for commercial or illegal purposes.

h. that infringes upon the rights of BabysitterinItaly and/or those of third parties, under which but not limited to, Intellectual Property Rights or rights with regard to the protection of privacy.

i. that is in conflict with these Terms of Service, the Privacy Statement or with any applicable law and/or regulation, that is in any other way unlawful, or that can damage the interests or good name of BabysitterinItaly.

6.3 BabysitterinItaly reserves the right to shorten, alter or reject the Content, or to remove the Content from the Website should this be found to be necessary by BabysitterinItaly, without you in any way being entitled to compensation and/or without liability by BabysitterinItaly.

6.4 If you are of the opinion that any Content infringes upon your rights or the rights of another User or a third party, you will immediately report this to BabysitterinItaly in the manner described in article 12.

Article 7 Payment

7.1 Depending upon the chosen subscription, you may make use of the Service either free or in return for payment. The price paid by you for the use of the Service is dependent upon the subscription that you choose. The subscriptions and associated prices are available on the Website. Click here for an overview of the subscriptions and prices. The subscription costs of subscriptions purchased through the I Phone app are higher, because part of the transaction costs Apple charges monthly, are passed on to the User. You can a subscription done through the iPhone app in your iTunes account. Prices are inclusive VAT and other charges imposed by the authorities, unless otherwise stated.

7.2 BabysitterinItaly has the right to alter the prices charged with a notice period of at least three months. Should you not be in agreement with the change in price, you have the right to cease using the Service and remove your Profile on the date upon which the change in price takes effect, or to choose for a free subscription with the same Profile.

7.3 Payment takes place in the manner described on the Website. In the case that payment is not made in a timely manner, BabysitterinItaly reserves the right to immediately terminate the agreement or to block or to restrict access to the Service until the moment at which you have complied with your (payment) obligations, including any costs and interest.

7.4 Complaints with regard to invoices and/or the Service do not affect your obligation to pay.

Article 8 Intellectual Property Rights

8.1 The Intellectual Property Rights applying to the Service, including the Website and Database, and also any texts, look-and-feel, templates of the Profiles, video, audio and photo material made available via the Website, with the exception of the Content, remain the property of BabysitterinItaly and/or its licensers.

8.2 Under the conditions outlined in these Terms of Service, BabysitterinItaly gives you the limited, personal, revocable, non-exclusive, non sub-licensable and non-transferable right to access to and use of the Service, including the Database, the Content, and the Website for the purposes outlined in these Terms of Service.

8.3 You retain in principle the Intellectual Property Rights to Content placed by you. You recognize and accept that making available/uploading of Content by you automatically gives BabysitterinItaly the royalty-free, worldwide, irrevocable, sub-licensable and transferable licence to make public this Content and to duplicate the Content and to store the Content in the Database as far as is required in order to provide the Service.

8.4 You explicitly renounce all personal rights named in article 25 of the “Authors’ Law”, including the right to be named and the right to object to changes, as far as this is permitted according to that law.

8.5 You confirm to BabysitterinItaly that you own all rights to the Content and that you are fully authorized to grant the licence as intended in this article to BabysitterinItaly.

8.6 It is expressly forbidden to download, copy, alter, reverse engineer, or to make public any information made accessible via the Service or Website, or to use such information for any purpose other than those named in these Terms of Service, unless BabysitterinItaly or the rights holders concerned agree to this, or unless mandatory Dutch law expressly permits such usage.

Article 9 Privacy

9.1 While creating your Profile and during usage of the Service, you make your (personal) details available to BabysitterinItaly. These (personal) details will be processed in accordance with the BabysitterinItaly Privacy Statement and in accordance with applicable laws and regulations.

Articles 10 Guarantees and indemnities

10.1 You are liable to BabysitterinItaly for, and fully indemnify BabysitterinItaly against, any damages and costs suffered by or incurred by BabysitterinItaly as a result of (i) a culpable shortcoming by you in complying with the Terms of Service, (ii) any actions carried out by you whilst making use of the Service, or (iii) any illegal action. Any costs incurred by or damage suffered by BabysitterinItaly in connection with these claims will be met by you.

10.2 You confirm to BabysitterinItaly that all information that you provide while creating your Profile or placing Content is complete, current, and accurate. You recognize that the correctness, up-to-date nature of, and completeness of the Content made available is of great importance to the optimal functioning of the Service.

10.3 You confirm to BabysitterinItaly that you are authorized to make use of the Service and that you will act in accordance with these Terms of Service. You indemnify BabysitterinItaly against claims by third parties based upon the allegation that the use of the Service by you, including but not limited to the placement of Content, is unlawful.

Article 11 Liability

11.1 BabysitterinItaly accepts no responsibility whatsoever for damage as a result of providing the Service, or as a result of unlawful actions or otherwise, as far as is permitted by mandatory law.

11.2 If BabysitterinItaly is liable to you for damage for any reason whatsoever, then this liability is in all cases limited per occurrence (whereby a connected series of occurrences is regarded as one occurrence) to the contributions (including BTW) paid by you to BabysitterinItaly during the current calendar year for the Service that has lead to liability by BabysitterinItaly.

11.3 BabysitterinItaly is in no way responsible for consequential loss, including pure financial loss, loss of turnover or profit, loss of data or immaterial damage connected with or occurring as a result of the Service.

11.4 The restrictions named in this article are not applicable in the case of deliberate and/or conscious recklessness on the part of BabysitterinItaly itself and/or its management.

11.5 The existence of any right by you to compensation requires that you report the damage in question in writing as soon as possible after its occurrence  to BabysitterinItaly. Any claim to compensation against BabysitterinItaly will lapse 12 months after the coming into being of the claim.

Article 12 Reporting of unlawful information

12.1 BabysitterinItaly is not responsible for any damage connected with the (unlawful) use of the Website. BabysitterinItaly is only obliged, under the conditions stated below, and after receiving a report, to remove any unmistakably unlawful material or to bring a halt to any unmistakably unlawful activities.

12.2 BabysitterinItaly has established a procedure by which the presence or accessibility of suspected unlawful material can be reported to BabysitterinItaly. This can occur via an email to info@BabysitterinItaly.com or by clicking on the button “Report user” which is present on profile pages and in received emails.

12.3 BabysitterinItaly reserves the right to refuse to block material or to bring a halt to activities, should BabysitterinItaly have legitimate reason to doubt the correctness of the report or the correctness of any evidence submitted together with the report, or if an assessment of interests requires this. In this case, BabysitterinItaly can request a legal judgement from an authorized judge in Italy, which indicates that the material or activity in question is unlawful.

12.4 BabysitterinItaly shall in no way whatsoever be required to be a party to a dispute between the person responsible for the report and any third party.

12.5 The person submitting the report indemnifies BabysitterinItaly against all claims by third parties in connection with the blocking or removal of material or the bringing to a halt of activities. The indemnification applies to all costs incurred by and damage suffered by BabysitterinItaly in connection with such a claim, including but not limited to the restitution of costs of legal assistance.

Article 13 Duration & Termination

13.1 If you make use of a free subscription, you have the right to cease making use of the Service and to remove your Profile at any time.

13.2 If you make use of a paid subscription, the Service is available for a period of time chosen by you. If you have chosen for a subscription of a fixed period of time, this cannot be cancelled before the expiry of this period, and BabysitterinItaly is not required to repay any sums paid in advance for the use of the Service should you cease using the Service or remove your Profile. If you have agreed to use the Service for an indeterminate period of time, or if the Service has been implicitly extended at the end of the agreed period, then the Service can be cancelled at any time with a cancellation period of one (1) month. In the last case, any sums paid by you shall be returned in proportion to the time period elapsed.

13.3 BabysitterinItaly points out that you cannot make use of the “period of reflection” as stated in article  (Italian civil law code). The service is namely executed directly with your agreement, as intended in article .

13.4 In the case of dissolution of the agreement, then no cancellation will take place of that which BabysitterinItaly has already delivered and/or carried out and any related payment obligations. Sums invoiced by BabysitterinItaly before the dissolution in connection with that which BabysitterinItaly has delivered or carried out correctly remain payable, with regard to that stated in the previous sentence, and are directly due at the moment of dissolution.

13.5 Upon ending of the agreement, regardless of the reason, your right to usage of the Service and your access to the Service will be directly withdrawn. BabysitterinItaly will remove your profile directly upon ending of the agreement, regardless of the reason. BabysitterinItaly retains the right to use all Content as stated in article 8. However, BabysitterinItaly will, upon request by you, remove or anonymise all Content. BabysitterinItaly is not required to deliver to you and/or to convert any Content after the ending of the agreement.

Article 14 Miscellaneous

14.1 Italian law is applicable to these Terms of Service and to usage of the Service and the Website. Applicability of the Vienna Sales Convention (CISG) is expressly excluded.

14.2 Any disputes that arise between you and BabysitterinItaly shall be put before the authorized judge in the Region of Tuscany unless mandatory law requires that the dispute be put before another judge.

14.3 BabysitterinItaly may transfer rights and obligations that arise from these Terms of Service to others, and will inform you should this take place. If you do not find this transfer of rights and obligations acceptable, then you may cease using the service and may remove your Profile.

14.4 Should a part of these Terms of Service be or become invalid, then you and BabysitterinItaly remain bound to that which remains. BabysitterinItaly shall replace the invalid part with conditions which are valid and for which the legal consequences, with regard to the content and intent of these Terms of Service, shall as far as possible agree with the invalid part.