1.1 – Bubble offers and maintains the App to enable parents or legal guardians of children (“Parents”) to arrange babysitters (“Sitters”) to look after those children (“Services”). The downloading of the App, the registration for the App and use of the App is available for both Parents and Sitters.
1.4 – From time to time, updates to the App may be issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
1.6 – By using the App, you consent to us collecting and using technical information about the devices used to access the App and any related software, hardware and/or peripherals to improve our products and to provide any Services to you.
2. THE APP AND THE SERVICES
2.1 – Bubble is a platform that connects Parent users with Sitter users, enabling them to interact with one another. We allow Sitters to create profiles on the App which can be viewed by Parents. We allow Parents to create profiles on the App which can be viewed by Sitters. Through the App, we enable Sitters and Parents to arrange appointments for babysitting.
2.2 – We do not provide employment services. We do not employ Sitters. We do not seek to find employment for sitters. We do not recommend Sitters. We do not interview sitters except where clearly stated on the app by bubble. We do not edit profiles.
2.3 – Registering and creating an account with Bubble is free. There is no charge for a parent to post sit requests or to review content, or for Sitters to review posted sit requests.
2.4 – Bubble uses third party providers to:
(a) cross-check the validity of the identity information supplied by the Sitter against multiple public and privately-held data sources;
(b) perform a non-exhaustive background check of the information supplied by the Sitter against multiple public and privately-held data sources.
2.5 – When creating and editing their profile, Sitters are able to credit themselves as being DBS certified. We do not undertake verification of this certification nor ongoing monitoring to ensure its continued validity, unless where expressly stated on the app (here is our DBS Checking Policy). In all other instances, the onus for verifying the validity of this accreditation falls entirely on the Parent.
2.6 – When creating and editing their profile, Sitters are able to credit themselves as being OFSTED registered. We do not undertake verification of this certification nor ongoing monitoring to ensure its continued validity. The onus for verifying the validity of this accreditation falls entirely on the Parent.
2.7 – As of July 18th 2019, when creating their bubble profiles, sitters are required to submit two references onto the bubble platform as part of their sign-up process. bubble’s platform collects these references electronically and a referee’s submission is reviewed before a sitter’s account is activated on the platform. bubble does not speak in person to the individual referees. The onus for verifying the validity of a sitter’s specific reference – be it the one provided as part of their sign-up process, or any other reference they provide the parent with – falls entirely on the Parent.
2.8 – Clauses 2.4 to 2.7 above explain the extent of the checks that we make in relation to Sitters and Parents. We do not carry out further verification of Sitters, Parents or their profiles; we have no obligation to do so; and make no representations that we do so. You should make your own assessment of the people you decide to interact with through the App, whether you are a Parent or a Sitter. You must rely on your own judgment and common sense. The checks that we have carried out and make available through the App are only part of this process. Bubble accepts no responsibility for the accuracy or completeness of any profile on the App as we do not check them. We do not accept responsibility for the accuracy or completeness of any of the checks made in clauses 2.4 to 2.7 nor the validity of Sitter profile information outlined in these clauses to the extent that we have been deliberately misled by the individual in question, and/or to the extent that the source of 3rd party information used was inaccurate.
2.8 – The App connects Sitters with Parents. When a babysitting appointment is booked, a binding agreement is created between the Sitter and the Parent. Bubble is not a party to that agreement. Bubble does not and cannot control either the Sitter or the Parent, the services provided (or not provided) or the quality or timing of those services and disclaims all liability for such.
3. BUBBLE AND PARENTS
3.1 – As a Parent, you shall provide us with such identification documents or other information as we may require in order to set up your account. You consent to Bubble carrying out checks on such documents and information, including by the use of third parties.
3.2 – You represent and warrant to Bubble that:
(a) the details that you provide to us are accurate and up to date (including details obtained from your Facebook account); and
(b) neither you nor any member of your household have ever been convicted of any criminal offence.
3.3 – You acknowledge that your preferred Sitter, if you have one, may be unavailable from time to time, whether due to illness or holiday or through ceasing to use bubble.
3.4 – You agree to treat Sitters courteously and lawfully and to provide a safe and appropriate environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.
3.5 – Once you have been connected to a Sitter through the App, you shall not book that Sitter other than through the App’s booking functions.
3.6 – Both parties have the right to cancel the engagement.
3.7 – It is your responsibility to ensure you comply with appropriate regulations in regard to employment and tax.
4. BUBBLE AND SITTERS
4.1 – As a Sitter, you shall provide us with such identification documents or other information as we may require in order to set up your account. You consent to Bubble carrying out checks on such documents and information, including by the use of third parties.
4.2 – You represent and warrant to Bubble that:
(a) you are at least 16 years of age;
(b) that you are legally entitled to work in the UK;
(c) the details that you provide to us are accurate and up to date (including details obtained from your Facebook account); and
(d) you have never been convicted of any criminal offence.
4.3 – Once you have been connected to a Parent through the App, you shall not make a booking with that Parent other than through the App’s booking functions.
4.4 – If you are unable to fulfil an agreed engagement, you have the ability to substitute yourself for another sitter at your own cost, who you reasonably deem to have the required skills and experience.
4.5 – You are solely responsible for all taxes, national insurance and/or similar contributions payable in respect of the payments made to you.
4.6 – You shall abide by Bubble’s ‘babysitter code of conduct’ to the best of your ability at all times.
5. FEES AND PAYMENT
5.1 – The Parent shall pay Bubble a Booking Fee (including VAT) (the “Booking Fee”) for each appointment made with a Sitter through the App, unless the Parent is on a paid subscription plan, ‘bubble plus’, in which case the Booking Fee is waived on every sit during the period of that subscription. Parents who subscribe to ‘bubble plus’ pay for their subscription period up front, and the subscription renews unless cancelled by the parent. The Booking Fee amount shall be collected by Bubble upon completion of the appointment from the payment card specified by the Parent when registering for an Account (“Parent Card”). The Booking Fee payable on any sit is made visible to parents before they book any sit inside of their app.
5.2 – The Parent shall also pay the fee for the sit which is the number of minutes duration of the sit as stated in the app at the end of the sit, multiplied by the sitter’s hourly rate as stated at the time the booking is confirmed. The sitter’s hourly rate is inclusive of any Platform Fee that is applied to each appointment made through the App. All fees shall be collected by Bubble upon completion of the appointment from the payment card specified by the Parent when registering for an Account (“Parent Card”). The formula applied to calculate the amount due as a Platform Fee is determined at the sole discretion of bubble and may change from time to time. The calculation formula that is being applied at any one time is viewable here.
5.3 – Before the start of the agreed sit, the Parent Card shall be pre-authorised to cover the amount of the booking, any booking fee due, plus any potential overrun past the pre-agreed end time. Upon completion of the appointment, Bubble shall collect from the Parent Card the amount agreed between the Parent and the Sitter plus any booking fee that was due, as recorded in the App.
5.4 – The parent or the sitter may elect to cancel the mutually agreed sit at any point prior to the agreed start time. If the parent cancels the mutually agreed sit, the parent may be charged a cancellation fee. As the agreement for the sit is between the Parent and the Sitter, Bubble accepts no liability for cancelled bookings. The current cancellation policy that is applied at any one time is viewable here.
5.5 – All charges/fees become due once the booked sit reaches the agreed start time as recorded in the App, or when the agreed sit is cancelled by the parent in line with the terms of the current cancellation policy, whichever comes first. Payment will be facilitated as soon as practicable by Bubble using the preferred payment method designated in the Parent Account, after which Bubble will send a receipt by email. If the primary Parent Account payment method is determined to be expired, invalid or otherwise not able to be charged, the Parent agrees that Bubble may, as the payment collection agent, use a secondary payment method in the Parent Account, if available.
6.1 – Every babysitter who completes the sign-up process on the bubble app is automatically given their own third-party public liability insurance when sitting for families through the app. This policy is issued by YuTree Insurance Ltd on behalf of Chaucer Syndicate 1084 at Lloyd’s. bubble reserves the right to withdraw this insurance offer at any time and will ensure that all customers – parents and babysitters – are informed ahead of time if the insurance feature of the platform is to be withdrawn.
6.2 – This insurance provides babysitters with cover for any accidental injury or property damage they have caused to a third party whilst carrying out a sit that has been booked via the bubble platform.
6.3 – By signing up to the bubble platform, babysitters accept that they will be enrolled in the insurance policy (at no extra cost to them) and that they will comply and make use of the policy in the event of a claim being made against them.
6.4 – Parents on the platform accept that the insurance policyholder is the babysitter, and that while bubble will use best endeavours to facilitate the processing of the claim if required, it does not and cannot guarantee that the babysitter will comply and cooperate in the event of a claim being made against them.
6.5 – The Policy Holder of this insurance is the babysitter themselves. bubble’s customer service team will make best endeavours to help facilitate a claim, however the responsibility of making a claim lies with the policyholder only (the babysitter) and any claim arising should be dealt with directly by them and the claimant.
6.6 – The excess payable on any claim is the policyholder’s responsibility. In order to protect our customers and the integrity of the platform, bubble reserves the right to remove users from the platform in the event that they are non-compliant and/or non-responsive to claims that may arise.
7. PROMOTIONS AND MARKETING OFFERS
7.1 – Bubble may offer promotional offers from time to time which may include discount codes or account credits, may be subject to expiration dates and may only be applicable to selected users of the App. Bubble reserves the right to withhold or remove credit from a user account or end a promotion without notice if at the sole discretion of Bubble it believes a user is not acting in good faith in relation to the terms of the promotion.
8. DISPUTES BETWEEN SITTERS AND PARENTS
8.1 – If any disputes or disagreements arise between Parents and Sitters relating to the services provided by Sitters or payments made by or due from Parents, the Parents and the Sitters are responsible for resolving any such disputes directly with each other. Bubble shall not be a party to any such dispute and Bubble is not obliged to take any action toward resolving the dispute.
9. LICENCE GRANT AND — USE OF APP CONTENT
9.3 – Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the App or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
9.4 – You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App except to the extent allowed by law.
10. BUBBLE HEALTH
10.1 Certain users of our app may choose to opt into our ‘Bubble Health’ service. This service is provided by Pando Access (Forward Clinical Ltd, company no 10420044) and is available in England and Wales between 8am and 8pm via a live chat service. To use the service, all customers must agree to the separate Pando Access Acceptable Use Policy Terms and Conditions, presented to them before being able to continue with the service. Bubble Health is not intended to be a substitute to a primary care provider.
11. YOUR ACCESS TO OUR SERVICES
11.1 – While Bubble endeavours to ensure that the App is normally available 24 hours a day, Bubble shall not be liable if for any reason the App is unavailable at any time or for any period.
11.2 – Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bubble’s control.
11.3 – When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
12. YOUR PRIVACY
13. YOUR CONTENT AND CONFIDENTIALITY
13.2 – You are prohibited from posting or transmitting to or from the App any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) contains photographs or images of a child, unless you are that child’s Parent;
(f) contains or discloses another person’s personal information without his or her written consent; or
(g) collects or solicits another person’s personal information for commercial or unlawful purposes.
13.4 – You shall not:
(a) use the App or its Content in any unlawful manner;
(b) misuse the App (including, without limitation, by hacking or inserting malicious code);
(c) resell the App or its Content;
(d) infringe our or any third party’s intellectual property rights in your use of the App or its Content;
(e) use the App to solicit, advertise to or contact Users for any purpose other than to arrange sits through the App or to post or message users of the App regarding sits, Sitters or Parents;
(f) use the App to transmit chain letters, junk or spam;
(g) use the App to harass, abuse or harm another person;
(h) frame or use any framing techniques to enclose the App or any part of it;
(i) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(j) use the App in any way which may cause, or be likely to cause, access to or use of the App to be interrupted, damaged or impaired in any way.
14. LINKS TO AND FROM OTHER APPS & WEBSITES
14.1 – Links to third party apps and websites on the App are provided solely for your convenience. Bubble has not reviewed all of these third party apps and websites and does not control and is not responsible for these apps/websites or their content or availability. Bubble does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to the App, you do so entirely at your own risk.
1451 – While Bubble endeavours to ensure that the Content is correct, Bubble does not warrant the accuracy and completeness of the Content. Bubble may make changes to the Content at any time without notice. The Content may be out of date and Bubble makes no commitment to update such material.
16.1 – You shall indemnify Bubble against any loss, damages, costs or expenses which are awarded against or incurred by Bubble as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
(b) your misuse of the App and/or the Services;
(c) any messages or other content you post on or transmit via the App;
(d) your infringement of intellectual property rights;
(e) your failure to provide accurate, up to date information;
(f) your interactions with other users of the App.
(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees;
(b) fraud or fraudulent misrepresentation; or
(c) breach of any implied condition as to title or quiet enjoyment.
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses;
(a) the total amount of the sums you have paid or received (as applicable) through the App in the 12 month period immediately preceding the date of the first event allegedly giving rise to the liability; or
(b) if you breach any of clauses 3.2, 12.2 or 12.4.
18.3 – On termination for any reason:
(b) your profile will no longer be displayed on the App;
(c) content posted by you on the App may or may not (at our discretion) remain on the App;
(e) you must immediately delete or remove the App from all devices.
19.1 – To contact us in writing send your communication to us by e-mail to Bubble at firstname.lastname@example.org.
Issue Date: 15 05 2019