Terms & Conditions
TERMS & CONDITIONS
It is very important that you read the SITTERS ON PARK Terms and Conditions. The Terms and Conditions identify the relationship of the sitter to your family, how our service works and our privacy information. All the questions you might have about our service are contained here and by agreeing to the terms and conditions, you have verified that you have read the following statements.
You may not use this Site or the information herein for any purpose that is unlawful or prohibited by these Terms of Use. All contents of this Site are protected by Copyright. You may not modify, reproduce, copy, redistribute, adapt, upload, download, extract or transmit the design, any content or layout of the Site, individual elements of the Web site design, SITTERS ON PARK logos or other logos appearing on this Site, photographs, and graphics, without express written permission of SITTERS ON PARK. You may not use any automated programs or technology to mine, crawl or otherwise enter the site’s servers for any purpose. You may print or download selected materials only for non-commercial use provided that you do not change or delete any copyright, attribution, or proprietary notice from the materials.
1. GENERAL TERMS (Use of sitters, your responsibility, background screening, termination)
Your account must undergo review prior to approval as an active member of SITTERS ON PARK service. This review will consist of verifying the information provided on your membership application including your name and address history verification and criminal and sex offender record screening. If it is discovered that you have made inaccurate representations or attempted to conceal any information required on the SITTERS ON PARK application, your account and access to the online program will be immediately terminated without a refund of fees. We reserve the right to decline membership.
All Contract Sitters are independent contractors. They are ultimately employed by you on a job-to-job basis. SITTERS ON PARK pre-screens sitters and refers them to your family for employment. SITTERS ON PARK does not provide any babysitter or pet sitting training. If a Contract Sitter is ever referred to you that you do not feel comfortable working with, contact SITTERS ON PARK immediately and SITTERS ON PARK will match you with another sitter. Any background history on any of the Contract Sitters assigned to your family is available for your review.
After completion of each babysitting or pet sitting assignment, the Independent Contractor Sitter will submit a claim for the service performed and your account will thereafter be charged.
All Contract Sitters have undergone the following background screening checks:
- – Identity Verification
- – National Criminal Records
- – Personal Character Evaluation (through one on one interview with SITTERS ON PARK)
Driver Record History is only performed at the request of a SITTERS ON PARK member and additional fees may apply. *We cannot make any recommendations regarding the capability of our sitters as drivers for your children, please use your own discretion.
Background screening is only performed at the time the sitter signs up with SITTERS ON PARK. SITTERS ON PARK cannot be responsible for any errors and/or omissions contained in the databases used to perform background checks. Background checks are not updated unless a subsequent review is warranted. SITTERS ON PARK cannot be responsible for any actions taking place at the member’s home.
Fair Credit Reporting Act Notice
The information in the background screenings is derived from records in accordance with the Fair Credit Reporting Act and other applicable laws. This information may only be used to verify statements made by an individual for insurance and employment purposes or in connection with other legitimate business needs. Information contained in this report is derived from records that may not be 100% accurate or complete. SITTERS ON PARK does not act as a guarantor of the report’s accuracy or completeness. Final verification of the information in this report, proper use of this report, and compliance with any and all applicable obligations of the FCRA (which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm) and all other laws are the responsibilities of the user of this report. SITTERS ON PARK does not assume and expressly disclaims any liability that may result from the use of information in this report.
You may terminate your membership at any time and for any reason. Likewise, SITTERS ON PARK reserves the right to terminate any member’s membership at any time and for any reason, including (but not limited to) rude, abusive, harassing or inappropriate conduct toward a sitter or SITTERS ON PARK’ staff, maintaining an unsafe environment for a sitter or placing a sitter at risk of harm, failure to pay on an account, and/or providing false information on a membership application. Upon our termination of your membership, your account will be immediately terminated without a refund of fees.
2. WAIVER AND RELEASE
By agreeing to these Terms and Conditions, you hereby expressly understand and agree that SITTERS ON PARK is a referral source for Contract Sitters. By agreeing to these Terms and Conditions, and in consideration of SITTERS ON PARK’ agreement to refer one or more Contract Sitter(s) for babysitting servicing, you, on behalf of yourself and your minor child(ren), as well as your respective heirs, assigns, administrators, personal representatives, and next of kin, do hereby release and hold harmless SITTERS ON PARK, any Contract Sitter(s), and their affiliates, subsidiaries, agents, assigns, employees, representatives, officers, directors, and shareholders (hereinafter the “Releasees”) from any and all liability, damages and/or claims for injury or death to persons and animals or damage to property arising from any and all actions or omissions of any and all persons or entities, including (but not limited to) those injuries and damages caused by Releasees’ alleged or actual negligence. You further agree to defend and indemnify the Releasees from any and all claims brought by any party for injury to person(s) and animal(s) and/or damage to property which may be caused by or result from actions or omissions committed by yourself or your minor child(ren).
You acknowledge that there are inherent risks associated with childcare activities and petcare activities, and you, on behalf of yourself and your minor child(ren), knowingly and freely assume all such risks, both known and unknown, including those that may arise out of the negligence of the Contract Sitter(s) and/or others.
You hereby authorize any Contract Sitter(s) assigned to you to act according to their best judgment in any situation requiring medical attention related to your minor child(ren), whether an emergency or not, until such time as you can be contacted and permitted to make decisions regarding medical treatment.
You further agree and understand that this Waiver and Release is intended to be as broad and as inclusive as is permitted by applicable law, and that if any portion of this Waiver and Release is held invalid, the remaining portions will continue in full legal force and effect. You acknowledge having read this Waiver and Release and voluntarily executed your acknowledgment below, and further acknowledge and agree that neither SITTERS ON PARK, nor any of the Releasees, has made any oral representations, statements or inducements apart from the statements contained in this Waiver and Release. Anyone executing this Waiver and Release is urged to consult an attorney regarding the effect of agreeing to the terms hereof.
This paragraph is limited to employee members only: You further agree and understand that SITTERS ON PARK is in no way affiliated or associated with your employer, and that with the exception of billing and payment for the subject services, your employer has no responsibilities or obligations for the services rendered to you by SITTERS ON PARK or its Contract Sitter(s). You, and you alone, knowingly and freely assume all risks associated with the childcare services and petcare services provided by SITTERS ON PARK and its Contract Sitter(s), and you understand and agree that your employer bears no responsibility for such services. Furthermore, you hereby authorize SITTERS ON PARK to disclose to your employer certain limited information related to the status of your SITTERS ON PARK employee membership, including but not limited to information indicating that your employee membership with SITTERS ON PARK has been denied or canceled.
3. TRANSACTIONS (Pricing and Fees)
All transactions are processed by check or credit card through a third party payment provider, Paypal or Square Inc.. Payments for sitting services are charged to your credit card once your purchase a bundle of hours on-line or over the phone, then your credit card will reflect a Business Transaction.
Service Fees:
Babysitting and Pet Sitting Charges:
Hourly babysitting charges designated for each location apply. All babysitting events require a three-hour minimum. Pet sitting charges designated for each location apply. Holiday rates are applied as noted per location.
Extended Driving Area:
Customers within the extended driving area, designated by each SITTERS ON PARK individual location, will incur an extended driving area charge which is passed directly to the sitter.
Cancellation Policy:
A cancellation fee amounting to the scheduled sitting time will be charged on all scheduled sitting events canceled with less than 24 hours notice.
When you make a sitter request, you agree that you will fulfill the 3 hour minimum when the job is accepted.
Communication and Invoices:
Billing and Job related information is provided to you by email and as a member of SITTERS ON PARK you agree to receive this information in electronic form.
This paragraph is limited to corporate members only: You understand and agree that you are responsible for all babysitting charges incurred by you or your company, and should you offer employee memberships to your employees, then you will be solely and exclusively responsible for all babysitting charges incurred by your employees as part of the SITTERS ON PARK babysitting referral services.
4. GUARANTEE OF FILLING REQUESTS*
We will treat all events requested 7 days in advance with priority. A monetary credit (as determined by location) will be issued for any event requested over 7 days in advance that is not filled. Families will receive confirmation via email and/or phone that their request for a sitter has been filled. We cannot guarantee that any requests made less 72 hours before an event will be filled.
SITTERS ON PARK cannot be held responsible for situations that are out of our control, such as sitters getting sick, inclement weather or emergencies that will prevent them from working their assigned events, although SITTERS ON PARK will make its best efforts to find a substitute sitter in such a situation.
*No guarantees are provided for holidays.
5. SITTER REQUEST POLICY:
It is SITTERS ON PARK policy that all babysitter and pet sitter requests are made through SITTERS ON PARK by contacting the local SITTERS ON PARK office. SITTERS ON PARK will always work to assign your preferred or previously used sitter for your requested date and time and then match from available sitters. If you are ever uncomfortable with your assigned sitter, contact SITTERS ON PARK immediately.
It is against policy to contact a sitter directly without going through the request process described above. If you hire a Contract Sitter outside of the SITTERS ON PARK request process or provide SITTERS ON PARK Sitter’s names to others for hire, you will be charged for a $1,500 one-time referral fee, the sitter will be removed from our referred sitter list and your membership will be immediately terminated and no membership charges will be refunded.
6. REPRESENTATIONS AND WARRANTIES
We make no representations about the suitability of the information contained on or obtained through this site for any purpose, or the results that may be obtained from using the site. All information and services are provided “as is” without warranty of any kind. SITTERS ON PARK hereby disclaims all warranties and conditions with regard to this information and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall SITTERS ON PARK be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site or with the delay of or inability to use this site, or for any information or services obtained through this site, whether based on contract, tort, strict liability or otherwise, even if SITTERS ON PARK has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. LINKS TO THIRD PARTIES
This Site may contain hyperlinks to Web sites operated by parties other than SITTERS ON PARK. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents. SITTERS ON PARK inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.
8. CHILDREN UNDER 13
We do not knowingly collect, maintain or use personal information on our website about children under age 13. Children under the age of 13 may not participate in any online activities on SITTERS ON PARK Web sites. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.
9. FORUMS
This Site may contain bulletin boards, chat rooms or other message or communication facilities (collectively, “Forums”). You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Forums only to send and receive messages and material that are legal, proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter “Post”) any defamatory, infringing, obscene, indecent or unlawful material or information.
– Any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
– Post any files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
– Advertise or offer to sell any goods or services for any commercial purpose, other than in Forums intended for such uses.
– Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Forums intended for such uses.
– Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
– Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
– Restrict or inhibit any other user from enjoying the Forums.
10. PRIVACY NOTICE
This privacy notice discloses the privacy practices for www.SITTERSONPARK.com. This privacy notice applies solely to information collected by this Web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the Web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. Except as otherwise expressly stated herein, we will not share your information with any third party outside of our organization, other than as necessary to fulfill your request (e.g. to ship an order) or (in the case of employee memberships) to advise your employer that your application for employee memberships has been denied or cancelled. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our Web site:
– See what data we have about you, if any.
– Change/correct any data we have about you.
– Have us delete any data we have about you.
– Express any concern you have about our use of your data.
While you are an active member of SITTERS ON PARK, billing and Job related information is provided to you by email and as a member of SITTERS ON PARK you are required to receive this information in this manner.
Security
We take precautions to protect your information. When you submit sensitive information via the Web site, your information is protected both online and offline.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 407-490-4205 or via email.
11. TERMS SUBJECT TO CHANGE
The information published on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SITTERS ON PARK may make improvements and/or changes in this site at any time. Your continued use or access of this site will mean that you accept these changes.
I HAVE THOROUGHLY READ AND AGREE TO THE TERMS OF SITTERS ON PARK SERVICE.
