Terms and Conditions
Valid as of: 27/11/2018 (the "Effective Date")
Please note that at the end of the Bsit One or Bsit Plus Subscription period (as defined below in section 18.104.22.168), your respective Bsit One Subscription and Bsit Plus Subsciption will automatically be renewed under the same conditions and for the same duration, unless you cancel your Bsit One Subscription or Bsit Plus Subscription prior to its expiry day. All information relating to your Bsit One Subscription or Bsit Plus Subscription is available in the "manage my subscription" section in your profile. You can cancel your Bsit One or Bsit Plus renewal (as defined below in section 22.214.171.124) in advance at any time, free of charge and without having to take any notice period into account.
These general terms and conditions (the "T&C") apply to all services offered through the Bsit App(the "App") and in particular the operation of an online platform that allows registered parents (the "Parents") seeking someone to care for their children to get in touch with registered sitters who are willing to care for them (the "Sitter") (the "Service"). A Parent or a Sitter is hereafter referred to as "User", "you", "yours". These T&C are applicable, excluding any other conditions (unless otherwise explicitly agreed upon and approved in writing by Bsit).
The App is owned and operated by Subleeme SA, known under its trade name "Bsit",with registered office at Avenue Louise, 120, 1050 Brussels and registered with the Crossroad Bank of Enterprises (RLE Brussels) under number 0632.842.351, and with VAT BE0632842351("Bsit", "we", "us" or "our").
2. Modification of the T&C
Bsit reserves the right to amend these T&C at any time. In case of any modifications to these T&C, the modified T&C will be published on the website of Bsit. Bsit will inform its Users timely about any changes to these T&C by e-mail or in the App prior to their date of entry into force. By continuing to use the Service after the date of entry into force of the modified T&C, you agree to be bound by the T&C as modified. If you do not agree with the modified T&C, you can cancel your Bsit One Subscription or Bsit Plus Subscription (as defined hereafter in section 7) in accordance with section 7 prior to the date of entry into force of the modified T&C without any costs or damages.
3. Nature of the Service
The Service offered by Bsit consists only in operating an online platform that allows registered Parents seeking someone they can trust to take care of their children to get in touch with registered Sitters who are willing to care for their children (a "Sitting"). Bsit cannot be seen as employer, principal or any other responsible of the services offered directly by the Sitters to the Parents. You expressly agree that the activities of Bsit do not consist of any children keeping services.
As the operator of the online platform, Bsit only acts as an intermediary, and therefore we cannot intervene in any way in the relation that develops between a Parent and a Sitter. Each Sitter is free to decide if he/she wants to answer positively to a Parent's offer to enter into a relationship and each Parent is solely responsible for the Sitter he chooses. In no event will we be liable for the behavior of Parents or Sitters and for any damages that they may cause to one another in the context of childcare. The Users should arrange such problems among themselves.
In order to facilitate the relationship between the Parents and Sitters, Bsit has developed a specific Charter for Parents and a specific Charter for Sitters. By using the Service, you undertake to comply with the Charter that is applicable to you.
4. Register and identification of Users
In order to use the Service, the User must have a smartphone on which the App has been installed and an Internet connection. Parents must also have a credit card.
The User of the App can register for free by completing the online registration form. You agree to only provide accurate and truthful information about your identity (e.g. age, gender, description), your skills (e.g. diplomas, experiences), your certification if you are an Assistant(e) Maternel(le) ("Assistant(e) Maternel(le)") as defined in article L421-1 Code de l'action sociale et des familles (in particular: certification, expiration date, available places). Only Sitters who have a valid certification can present themselves as Assistant(e) Maternel(le) on the App. The Bsit team can ask you to provide supporting documents with regard to your certification. It is prohibited to use an alias or the identity of another person to create multiple profiles or use another User's profile. We reserve the right to remove or refuse, temporarily or permanently, the User's access to the App if the profile contains inaccurate or false information, or if we can reasonably suspect that it contains incorrect or false information, without any warning or any right to compensation.
In case of doubt, we may also ask you to prove your identity with written evidence and we may also proceed with any verification that might be useful in this context. If you do not respond to such a request, we reserve the right to delete your profile or to deny you access to the App or Service without any warning and without any right to compensation.
The User may modify his profile ("My Profile") at any time. The User must keep his profile up-to-date. The Sitters can also set their status, temporarily or permanently, to "unavailable". In this case, they will not receive Sittings invitations.
A Sitter must be at least 16 years old to use the Service.
5. Bsit Care
If a Parent would be granted access to the Service as part of the Bsit Care program entered into by the employer of the Parent, the following additional provisions will apply:
-Your employer cannot be held liable for any use you have made of the App or Service;
-Your employer cannot be held liable for any non-compliance of your legal obligations with regard to your use of the App or Service;
-The Boonies or Sitties that are collected through the App can in no event be considered as gifts or benefits in kind offered by your employer, but are connected with your personal use of the App.
For the Parent who already subscribed to a Bsit One Subscription or Bsit Plus Subscription and whose company would subscribe to the Bsit care program, the renewal of the Subscription will automatically be cancelled (without any reimbursement) when the App is accessed in the framework of the Bsit Care program.
Exclusively for Parents who are Users of Bsit Care in France: every Parent who is a User of Bsit Care in France undertakes to use the Bsit application exclusively to get in contact with (i) either intervening parties for the sole purpose of the establishment of childcare services (as strictly defined in articles L7231-1 and D 7231-1 Code du Travail, (ii) either childcare services (this means organisms for childcare services as strictly defined in article L2324-1 Code de la santé publique or via certified Assistants Maternels as strictly defined in article L421-1 Code de l'action sociale et des familles) for their children outdoors.
6. User obligations
6.1 Obligation for the Parent to pay the Sitter
As a Parent, you agree to pay, at the latest at the end of the childcare service, the amounts due to the Sitter, in accordance with the arrangements you made prior thereto. See below for more information on the payment terms.
6.2 Prohibition to use the data for any purpose other than personal
The App or the Service can solely be used for personal use as a Parent or Sitter. You are not allowed to pass on any information obtained through the App or the Service to any third parties for any commercial purposes or any other purposes which are not considered as normal use of the App.
6.3 Acts and prohibited conduct
Trust is an essential condition when someone is taking care of your child. Each User agrees to behave appropriately and respectfully toward other Users; especially taking into account the fact that some Sitters and children may be very young.
It is strictly prohibited for Users to adopt any inappropriate, racist, discriminatory behaviour or to act contrary to the good morals or to use a profile picture that violates any of the foregoing. A User may not post any inappropriate, racist, discriminatory, offensive or immoral comments in the description of his profile or in the chat or rating function offered by the App.
Moreover, it is strictly prohibited for Parents to adopt any behaviour contrary to the Charter as well as for Sitters to behave in any way contrary to the Sitter Charter.
The Parent undertakes to comply with all laws applicable to the use of CCTV cameras . This means that, among other things, if a Sitter would visit a Parent at home, the latter will at a minimum inform the Sitter in advance (e.g. in the description of the Sitting or in the chat) about the installation of any CCTV cameras and their purpose. The Parent understands that the use of hidden CCTV cameras is prohibited. Bsit cannot be held responsible in any case for the use of CCTV cameras by a Parent.
The App or the Service may not be used for fraudulent purposes, to commit unlawful acts or exchange illegal material or content and in general, it is forbidden to use the App in a way that is not related to the Service that is offered or contrary to the Charter applicable to you.
In the context of the use of the App or Service, you will refrain from, and will avoid to encourage others to (i) ask, accept or carry out any Sittings that were found via Bsit outside the App; (ii) dilute, tarnish or otherwise harm the Bsit trademark in any way, including any slander on social networks; (iii) use the App or Services for fraudulent purposes by committing unlawful actions to exchange illegal materials or content, and generally, use the App for any purpose other than the use of the Service that is offered, or in violation with the Charter that applies to you.
Generally, if case you would have any concern or dissatisfaction, you undertake to contact the Bsit teams via firstname.lastname@example.org or email@example.com prior to expressing your dissatisfaction on social networks.
Bsit reserves the right to deny access, either temporarily or permanently, to the App or the Service to any User who does not comply with this article, or to remove any declaration or profile picture contrary to this article, without any warning nor any right to compensation.
6.4 Compliance with legal obligations
It is the sole responsibility of each User to comply with all applicable laws, rules, regulations and obligations applicable to the use of the App or Service.Bsit would like to point out to its Users that the use of the Service may result in legal obligations for the User, for example in the areas of social security, taxation or insurance. Each Parent and Sitter is obliged to seek the necessary advice. If necessary, each Parent or Sitter must take the necessary steps to ensure that he/she is fully in compliance with all applicable legal requirements. In no event can Bsit be held liable for any damages, fines or penalties arising from the User's failure to comply with these obligations.
7.1 Payments to Bsit
Sitters can use the Service free of charge.
Bsit wants to make childcare easier with various formulas adapted to parents' needs. These formulas are detailed on Bsit's website ("Formulas" section) and within the App ("Discover our plans" section).
126.96.36.199 Payments for Bsit One and Bsit Plus Subscription
In order to be able to access and benefit from the childcare search Services which are made available on the App, Parents can take a Bsit One subscription (the "Bsit One Subscription") or Bsit Plus Subscription (the "Bsit Plus Subscription") (from here forward "the Bsit Subscription", "Bsit Subscriptions").
Parents can choose one of the various Bsit Subscription formulas as specified within the App. However, Bsit may offer different subscriptions formulas or specific access during operations with Bsit's business partners. The subscription formulas and specific access may present other conditions and restrictions which you will be informed of while subscribing and/or in other communications which will be presented to you.
The various prices available to you are indicated within the Appwhile subscribing.
The prices indicated in the Appare charged in Euros and include all taxes.
To execute this payment, Bsit uses the payment services of Stripe Payments Europe.
By using the Service and the Stripe payment service, you accept, in your capacity of Parent, that the Stripe Terms and Conditions are applicable between you and Stripe Payments Europe. These Stripe Terms and Conditions are attached to these T&C's and from an integral part hereof. The Stripe payment system does not allow you to execute payments of less than EUR 1.
Bsit is continually testing new features and always aiming to understand how users perceive Bsit and how much importance they give to the App. Considering this, there may be some minor and temporary national or regional disparities in pricing and service.
188.8.131.52 Cancellation of the Bsit One or Bsit Plus Subscription
At the end of each Subscription Period, the Bsit Subscriptions will be automatically renewed for the same duration and conditions, unless you cancel your Bsit Subscription prior to the expiry day of the current Bsit Subscription. All information relating to your Bsit Subscription is available in the "manage my subscription" section in your profile.
During the Bsit Subscription period, you can cancel your Bsit Subscription at any time free of charge. In case of early termination, your Bsit Subscription will terminate upon expiration of the then current Bsit Subscription Period and will not be renewed. This cancellation do not involve the reimbursement of the period left between the cancellation date and the original end date of the chosen Bsit Subscription.
You can simply cancel your Bsit Subscription in the "manage my subscription" section in your profile.
Subscription cancellation may also result from a decision by Bsit in case of non-respect of the obligations resulting from Article 6 of the present Terms and Conditions or in case of incidents related to the payment of the Subscription.
Bsit reserves the right to change its pricing model and adapt or offer different new Subscription formulas in the future. Any such changes will be communicated to the Users in a timely manner prior to the entering into force of such new pricing model and your continued use of the Service will constitute your acceptance of such new pricing model.
7.1.3 Family Pack
The Bsit One Subscription and Bsit Plus Subscription both include a family pack. This family pack allows you to add your Partner (as defined below) to your Bsit One Subscription or Bsit Plus Subscription. You can do this by linking your account to the account of your Partner. You can unlink accounts at any time. For the purpose of this section, "Partner" shall mean the User who is part of your household and permanently lives with you at the same address.
Bsit reserves the right to ask for justification that the User who is linked to your account meets the criteria of Partner. If Bsit, in its sole discretion, would have any reason to suspect that you have linked the account of a User that does not meet the criteria of Partner to your own account, Bsit is entitled to unlink the accounts and to suspend or terminate the access to the Service for that User until he/she has purchased his/her own Bsit One Subscription or Bsit Plus Subscription.
7.1.4 Purchasing a gift card
(a) Ordering a gift card
Bsit offers you the possibility to order a gift card on its website or App. To purchase a gift card, the User needs to follow the procedure as set out below.
Ordering a gift card allows you to obtain a gift card for yourself or another User with a value as indicated on the gift card which can be used to pay the Service on Bsit (the costs and/or services provided by the babysitter paid via the App).
To execute the order and the related payment, Bsit uses the payment services of Stripe Payment Europe.
By using the Service and the Stripe payment service, you accept, in your capacity of Parent, that the Stripe Terms and Conditions are applicable between you and Stripe Payments Europe. These Stripe Terms and Conditions are attached to these T&C and form an integral part hereof. The Stripe payment system does not allow you to execute payments of less than EUR 1.
Once the User has placed its order with Bsit and upon receipt of payment of the full amount, the User will receive the purchased gift card via an electronic message which will include the confirmation of the receipt of the order and which will specify the further details (order confirmation). Subsequently, Bsit will confirm that the gift card has been electronically sent (shipping confirmation).
(b) Terms and conditions when purchasing a gift card
The purchaser of a gift card undertakes to pay the price indicated by Bsit upon the order of the gift card.
Bsit reserves the right to change its prices for gift cards in the future. Any such changes will be communicated to the User in a timely manner and the new price will apply for the first order that has been placed following such change.
(c) Terms and conditions when receiving a gift card
The User who has received a gift card may only use such gift card for the services offered by or through Bsit. The gift card may only be used provided that the User has a valid Bsit account.
The User who has received a gift card undertakes to use the Services in compliance with these T&C and in particular, article 6 "User obligations" of these T&C.
Bsit reserves the right to deny access, either temporarily or permanently, to the App or the Service to any User which does not comply with this article, without any warning or any right to compensation.
(d) Validity period and exchange
Unless expressly provided otherwise, the gift card is valid for a period of one year. This means that the gift card needs to be activited within one year following its purchase.
If the gift card has not been fully used, the gift card cannot be exchanged or reimbursed in any event, unless expressly stated otherwise in these T&C.
(e) Use with other promotions
The use of the gift card can be cumulated with any other promotion offered by Bsit or any of its commercial partners.
7.2 Payments by Parents to Sitters
The Sitters are paid directly by the Parents for their Sittings in accordance with the arrangements agreed upon between the parties. These payments can be executed by using the payment service integrated in the App (this is only possible if the Sitter has provided a bank account number), using a gift card or in cash. Transaction fees may be charged.
We remind you that Bsit is not a party to the agreement between Parents and Sitters. Therefore, we do not intervene in the payments between these parties and we cannot be held liable in any way if a Parent does not execute or only partially executes the payment.
In certain cases, Bsit may offer advantages that may be presented under the form of a code that can be entered into the tab "Codes" in the App (the "Promotion Code"). This Promotion Code can provide access to the App without any Bsit Subscription or can give right to one or more offered hours of Sitting or offer the first Bsit Subscription to an User. In that case, the Promotion Code will be exclusively valid for the first Sitting paid by the User via the App, unless stipulated otherwise. Furthermore, the Sitting that is paid using the Promotion Code needs to last at least 2 hours in case of one hour of Sitting offered by Bsit. Unless indicated otherwise by Bsit, a maximum amount of 15€/h will apply to a Sitting that is paid using a Promotion Code.
8. Right of withdrawal
If you wish to withdraw your purchase of (i) a Bsit One Subscription or Bsit Plus Subscription or (ii) a gift card, you are entitled to exercise your right of withdrawal within a period of fourteen (14) days without giving any reason, provided that (i) you have not yet made any Sittings before that date under your Bsit One Subscription or Bsit Plus Subscription or (ii) the gift card has not yet been used during this period. In these cases, the withdrawal period expires:
-after fourteen (14) days starting from the day on which you have purchased a Bsit One Subscription or Bsit Plus Subscription;
-after fourteen (14) days starting from the day on which you have purchased the gift card.
You can exercise its right of withdrawal by sending the withdrawal form attached to these T&C or any other unambiguous statement in writing indicating that you want to withdraw the agreement to the following address: Subleeme SA, Avenue Louise, 120, 1050 Brussel. You can no longer use your right of withdrawal once (i) a Sitting has been made under your Bsit One or Bsit Plus Subscription or (ii) the gift card has been used to make use of the Service in accordance with these T&C. For the avoidance of doubt, it is clarified that only the User who has purchased the gift card has a right to withdraw its purchase of that gift card.
If you withdraw your order, Bsit shall reimburse the User who has purchased (i) the Bsit One Subscription of Bsit Plus Subscription or (ii) the gift card for all payments received from this User, without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the order. Bsit will carry out such reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
Please note that the right to withdraw does not apply to any Bsit One Renewal or Bsit Plus Renewal. However, as explained above, you can cancel a Bsit One Renewal or Bsit Plus Renewal at any time, in accordance with section 7.
9. User Reviews
Trust is an essential condition an essential condition when someone is taking care of your child. Therefore, Bsit has developed a system of ratings and commets through which each User can provide a rating between one and five stars after the Sitting and can include a comment. This system of ratings and comments is not subject to any financial connection. Users agree to give this evaluation in an objective and conscientious manner. By creating a profile, Users accept that they can be subject to a review. If a User believes that a specific review is not justified, he can report this to info@Bsit.com.
10. Exclusion of liability
Bsit cannot be held liable for any minor faults. In no event can Bsit be held liable for any damage resulting from the unavailability of the App or the loss of data or information provided on the App. In no event shall Bsit be liable for any indirect damages such as loss of opportunity or sunk costs.
Without prejudice to the foregoing, Bsit's liability under these T&C is limited to EUR 100.
11. Availability of the App
We undertake all reasonable efforts to keep our services accessible 24/7 for as many Users as possible. In case of interruption, we will use the resources that we find most appropriate to remedy the disruption as soon as possible.
We reserve the right, at any time and without prior notice, to suspend access to the App for technical or any other reasons, without any liability for these interruptions and the possible consequences thereof for you or any third parties.
12. Intellectual Property
The intellectual property rights pertaining to the App and any copyrights related to any and all documents which are stored, displayed or made available on the App are either owned by Bsit or properly licensed by its third party owners. All such rights are reserved.
The User acknowledges, agrees and warrants that Bsit and its service providers are granted a non-exclusive, worldwide, unlimited, irrevocable, free of charge (with right to sublicense) license to use any text, photo or information that the User has provided on the App, for the operation of the Service.
14. Invalidity and/or unenforceability
If the provisions of these T&C or any part thereof are considered to be illegal, invalid or otherwise unenforceable, then to the extent that they are illegal, invalid or unenforceable, such provisions shall be considered as severable from these T&C and shall be considered removed from these T&C. The remaining provisions of the T&C will be left unchanged, in full force, and preserving all their effect and continue to be mandatory and fully enforceable.
15. Force majeure
Bsit will not be liable for any violations of these T&C due to circumstances which are caused by force majeure or any circumstances reasonably out of its control.Deleting your profile
16. Deleting your profile
Bsit reserves the right to delete your profile, if you have not used the App for a subsequent period of six months and you have not subscribed to a Bsit Subscription.
17. Governing Law and Jurisdiction
These T&C are subject to Belgian law.
In case of any dispute between Bsit and a User, both parties agree to attempt to settle such dispute amicably at first. If no settlement can be reached within a period of one month after the dispute first arose, the User can, as the case may be, bring the dispute either before the courts of the place where the User has his/her residence or the courts of Brussels. Bsit will always bring the dispute before the courts of the place where the User has his/her residence.
In case of a dispute between two Users, we remind you that Bsit is not a party to such dispute, and therefore will not in any way intervene in such dispute.
18. Reports or complaints
If you have any questions or want to report a problem, you can contact us by letter: Subleeme, Avenue Louise 120, 1050 Brussels, Belgium or by e-mail at: firstname.lastname@example.org.