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 – 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. We do not edit profiles.
2.3 – 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 background check of the information supplied by the Sitter against multiple public and privately-held data sources.
2.4 – 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. The onus for verifying the validity of this accreditation falls entirely on the Parent.
2.5 – 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.
2.6 – Clauses 2.3 to 2.5 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 2.3 nor the validity of Sitter profile information outlined in clauses 2.4 & 2.5, 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.
2.7 – 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 – 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.
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 – You are solely responsible for all taxes, national insurance and/or similar contributions payable in respect of the payments made to you.
5. FEES AND PAYMENT
5.1 – The Parent shall pay Bubble £3.50 (including VAT) (the “Booking Fee”) for each appointment made with a Sitter through the App, unless the Parent is on a paid subscription plan (see ‘bubble plus’) in which case the Booking Fee may be waived. The Booking Fee amount shall be collected by Bubble upon completion of the appointment from the account specified by the Parent when registering for an Account (“Parent Account”).
5.2 – The Sitter shall pay Bubble a Platform Fee (inclusive of VAT) that is a percentage of the amount agreed between the Sitter and the Parent for each appointment made through the App. This Platform Fee shall be collected by Bubble upon completion of the appointment from the account specified by the Parent when registering for an Account (“Parent Account”). The Sitter agrees that the formula applied to calculate the amount due as the 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 at: joinbubble.com/platform-fee-structure-for-sitters
5.3 – Upon completion of the appointment, Bubble shall collect from the Parent Account the amount agreed between the Parent and the Sitter plus any booking fee that was due, as recorded in the App. Bubble shall pay the Sitter accordingly, less any Platform Fee that was due.
5.4 – The Booking Fee and any Platform Fee become due once the booked sit reaches the agreed start time, as recorded in the App. No Booking Fee or Platform Fee is payable if the booking is cancelled before the agreed start time. As the agreement for the sit is between the Parent and the Sitter, Bubble accepts no liability for cancelled bookings.
6. PROMOTIONS AND MARKETING OFFERS
6.1 – 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.
7. DISPUTES BETWEEN SITTERS AND PARENTS
7.1 – 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.
8. LICENCE GRANT AND — USE OF APP CONTENT
8.3 – 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.
8.4 – 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.
9. YOUR ACCESS TO OUR SERVICES
9.1 – 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.
9.2 – 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.
9.3 – 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.
10. YOUR PRIVACY
11. YOUR CONTENT AND CONFIDENTIALITY
11.2 – 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.
11.4 – 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.
12. LINKS TO AND FROM OTHER APPS & WEBSITES
12.1 – 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.
13.1 – 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.
14.1 – 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, 11.2 or 11.4.
16.3 – 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.
17.1 – To contact us in writing send your communication to us by e-mail to Bubble at [email protected]
Issue Date: 10 May 2018