Terms of Use

These terms of use govern your access to, downloading and use of the entire contents of the Bubble app (“App”) (including the Services) owned and operated by Tribo Technologies Ltd, a company registered with Companies House in England and Wales under number 09834115 whose registered office is at Camburgh House, 27 New Dover Road, Canterbury, Kent, CT1 3DN (“Bubble”, “us”, “we”, “our”). Please read these terms of use carefully before using the App. They are a legal agreement between you and Bubble. Using any part of the App indicates that you accept these terms of use. If you do not accept these terms of use, please do not use the App, cease downloading the App, or leave the App.

1. INTRODUCTION

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.

1.2 – Bubble licenses use of the App to you on the basis of these terms of use and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (“App store Rules”).  Bubble remains the owner of the App at all times.

1.3 – Bubble may revise these terms of use at any time by updating this posting.  You should check the App from time to time to review the current terms of use because the up to date terms of use are the ones that will be binding on you.

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.

1.5 – You warrant that you are the owner of the device to which you have downloaded the App, or that you have obtained permission from the owner of that device to download the App.  You accept responsibility in accordance with these terms of use for the use of the App on any device, whether or not that device is owned by you.

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. 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. 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 – 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 (e.g. GB Group) 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.

2.9 – At its absolute discretion, Bubble may refuse to allow any person to register or create an account with bubble or cancel or suspend any existing account if it reasonably forms the view that the User’s conduct or presence on the Bubble Platform, including a breach of User Obligations, is detrimental to the operation of the Bubble Platform and/or the security, welfare or experience of other users.

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 without financial penalty.

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 £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 – Before the start of the agreed sit, the payment card associated with the parent account 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 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.  INSURANCE

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 Zego as an agent of the Insurer, Builders Direct SA. The policy document in full is emailed to babysitters directly once they’ve signed up to the bubble platform. 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.

6.7 – In order to provide babysitters with their insurance and policy documents, and in order to help facilitate the smooth handling of any claims that arise, bubble is required to share certain personal data with the insurance provider. The details of which can be viewed in our privacy policy.

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
9.1 – In return for you agreeing to comply with these terms of use, Bubble grants you a licence to use the App on each device (e.g. phone, tablet) you use to download the App. We only grant this licence to you and you cannot transfer or sell it to anyone else. We grant identical and similar licences to all users of our App. The licence we grant is subject to these terms of use, Bubble’s Privacy and Cookie Policy and the App store Rules.
9.2 – Apart from User Content (as defined in clause 11.1 below), all images, text, icons and other content on the App (“Content”), as well as the arrangement of the Content on the App, is protected by copyright and other intellectual property rights. Except as provided in these terms of use, or otherwise in writing by Bubble, you are not granted any licence to use the Content or its arrangement. Nothing in these terms of use grants you a licence to use any Bubble trade marks or the trade marks of any third parties on the App.
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.
9.5 – If you breach any of the terms in these terms of use, your permission to use the App automatically terminates. In addition, Bubble shall have the right to block, restrict, disable, suspend or terminate your access to all or any part of the App or its Content at any time in its discretion without liability to you.

10. YOUR ACCESS TO OUR SERVICES
10.1 – 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.
10.2 – 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.
10.3 – 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.

11. YOUR PRIVACY
11.1 – Bubble is committed to respecting your privacy and the privacy of all individuals using the App. More information regarding how Bubble may use your personal data can be found in Bubble’s Privacy and Cookie Policy which is incorporated into these terms of use by reference.

12. YOUR CONTENT AND CONFIDENTIALITY
12.1 – Other than personally identifiable information (which is covered under our privacy and cookie policy), any material such as reviews or ratings which you transmit or post to the App (“User Content”) shall be considered non-confidential and non-proprietary. Bubble shall have no obligations with respect to such material. You are solely responsible for such material. Bubble shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

12.2 – 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.

12.3 – Bubble shall be entitled to remove any material from the App which is posted or transmitted to the App in contravention of these terms of use or for any other reason.

12.4 – 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.

13. LINKS TO AND FROM OTHER APPS & WEBSITES
13.1 – 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.

14. DISCLAIMER
14.1 – 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.
14.2 – The material on the App is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bubble provides you with the App on the basis that Bubble excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the App.

15. INDEMNITY
15.1 – 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:

(a) any breach by you of any of these terms of use or applicable law;
(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.

16. LIABILITY
16.1 – Nothing in these terms of use shall exclude or limit either your or Bubble’s liability for:

(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.

16.2 – Save to the extent that these terms of use state otherwise, nothing in these terms of use shall exclude or limit your liability under clause 15 (Indemnity).

16.3 – Subject to clauses 16.1 and 16.2, neither you nor Bubble shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for:

(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;
in any case, whether or not such losses were within the contemplation of you and Bubble at the date of these terms of use, suffered or incurred by you or Bubble arising out of or in connection with the provisions of, or any matter under, these terms of use.

16.4 – Subject to clauses 16.1, 16.2 and 16.3, each party’s total liability to the other in relation to all events or series of connected events occurring under these terms of use (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the greater of:

(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) £10,000.

16.5 – Nothing in these terms of use excludes any statutory rights which may apply to your use of the App which cannot be excluded, restricted or modified by contract.

17. TERMINATION
17.1 – We may terminate these terms of use immediately by written notice to you:

(a) if you commit a material or persistent breach of these terms of use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and/or
(b) if you breach any of clauses 3.2, 12.2 or 12.4.

17.2 – You may discontinue your use of the App at any time. These terms of use will continue to apply to past use of the App by you.

17.3 – On termination for any reason:

(a) all rights granted to you under these terms of use shall cease;
(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;
(d) you must immediately cease all activities authorised by these terms of use; and
(e) you must immediately delete or remove the App from all devices.

18. MISCELLANEOUS
18.1 – To contact us in writing send your communication to us by e-mail to Bubble at [email protected]
18.2 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:

(a) our obligations under these terms of use shall be suspended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these terms of use may be performed despite the Event Outside Our Control.

18.3 – We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.
18.4 – You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
18.5 – A person who is not a party to these terms of use has no right to enforce any term of these terms of use.
18.6 – If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.7 – Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
18.8 – These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts. In addition, you have the option to use the Online Dispute Resolution (ODR) platform which is accessible here – http://ec.europa.eu/consumers/odr/index_en.htm.

Issue Date: 09 Sept 2018

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