TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE

In these Terms and Conditions “you” indicates an individual browsing this website and any affiliated or related website (the “Website”) owned and operated by Canadian Nannies On Call Inc. (“Nannies on Call”, “our” or “us”), or using any of the services offered by Nannies on Call (the “Services”) including but not limited to engaging the services of a nanny (“Nanny” or “Nannies”) through the Website.  The following Terms and Conditions apply to the Services, the Website and our Privacy Policy.  In addition, our Privacy Policy is incorporated herein by reference in its entirety. 

By using the Services, and/or the Website, you certify that: you are of the age of majority in British Columbia or your jurisdiction of residence; and any information you provide to us is and will be true, accurate, current, and complete. 

By browsing the Website and/or using the Services, you confirm that you have carefully read and understand these Terms and Conditions, and that you consent to, and agree to be bound by, the Terms and Conditions. Nannies on Call reserves the right to make any amendments to the Terms and Conditions at any time and for any reason. Such amended version of the Terms and Conditions will be posted on the Website and it is your sole responsibility to check the Terms and Conditions for changes. If you do not agree to these Terms and Conditions, or any future amendments, your sole recourse is to immediately cease use of the Services and/or the Website.

MEMBERSHIP

1. PLANS AND RATES: 

In order to use the Services and begin booking a Nanny, you must sign up and pay for a membership using the Website.   You can choose from the following membership plans:

  • a weekly membership for $45 plus applicable tax per week;

  • a monthly membership for $99 plus applicable tax per month;

  • a three-month membership for $247 plus applicable tax every three months; or 

  • an annual membership for $847 plus applicable tax once per year.

All membership fees are due at the beginning of the applicable membership billing period and are non-refundable.  Your membership will automatically renew at the start of the next membership billing period, unless you cancel your membership before the end of the membership period then in effect.

We reserve the right to update our prices from time to time and you acknowledge that the Website being updated to reflect changes to membership pricing is adequate notice of such price changes.

 You may not book a Nanny or otherwise use the Services unless you have a Nannies on Call membership in good standing.

2. RECURRING BILLING AND PAYMENT AUTHORIZATION

Nannies on Call facilitates processing of electronic payments on the Website and may use third-party payment platforms, such as Stripe or Paypal (in each case, the “Payment Provider”), to process credit and debit card transactions on the Website. By using any such Payment Provider you agree to be bound by such Payment Provider’s applicable terms of service.

By starting your Nannies on Call membership and providing or designating a Payment Provider, you authorize us to charge you a membership fee at the then current rate for the membership type you have selected, and any other charges you may incur in connection with your use of the Services, including but not limited to Rates and Rate Premiums (as described below), taxes and any transaction fees, to your credit card, including through a Payment Provider. You acknowledge that the amount billed each month, period or year may vary from one membership period to another for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your credit card, through a Payment Provider or otherwise, for such varying amounts, which may be billed each period in one or more charges.

3. LIMITATION OF LIABILITY

You expressly understand and agree that Nannies on Call shall not be liable for any payments and monetary transactions that occur through your use of the Website or the Services. You expressly understand and agree that all payments and monetary transactions are handled by the Payment Provider. You agree that Nannies on Call shall not be liable for any disputes or issues that may arise in connection with financial and monetary transactions between you and any Payment Provider. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website and/or a Payment Provider. Nannies on Call is not liable for loss or damage from errant or invalid transactions processed by the Payment Provider. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed. You understand that Nannies on Call may use the Payment Providers in its operation of the Website and the Services and that the Payment Providers are subject to change at any time and such changes may adversely affect the Website. You understand and agree to not hold Nannies on Call liable for any adverse effects that actions (whether intentional or unintentional) on the part of Payment Providers may cause to your Payment Provider account, or your business. You must not process stolen credit cards, or unauthorized credit cards through any Payment Provider.

4. MEMBERSHIP CANCELLATION

You may cancel your Nannies on Call membership at any time, and you will continue to have access to the Services through the end of your membership billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS OR UNUSED SERVICES nor do we retroact payment. To cancel, go to the "My Account" found in your profile and click “Update or cancel subscription payment”. If you cancel your membership, your account will automatically close at the end of your current membership billing period. To see when your account will close, click “My Account”. If you signed up for Nannies on Call using your account with a third party as a Payment Provider, and wish to cancel your Nannies on Call membership at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, Nannies on Call through that third party. You may also find billing information about your Nannies on Call membership by visiting your account with the applicable third party.

5. PASSWORDS AND ACCOUNT ACCESS

The person who created the Nannies on Call account and whose credit card or Payment Provider account is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the Nannies on Call account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Nannies on Call and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Provider account details (e.g., last four digits of their credit or debit card) associated with their Nannies on Call account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

In order to provide you with ease of access to your account and to help administer the Services, Nannies on Call implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Nannies on Call service.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Nannies on Call website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Nannies on Call reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Nannies on Call is not obligated to credit or discount a membership for holds placed on the account by either a representative of Nannies on Call or by the automated processes of Nannies on Call.


BOOKING A NANNY

6. NANNIES

The Nannies you can book using the Website are categorized as follows, and their services (subject to additional fees and charges as described in Section 8 below) are charged at the following hourly rates (each, a “Rate”):

  • Experienced: An Experienced Nanny’s Rate is $21 per hour.  A Rookie Nanny is a new Nanny with our agency who meets our minimum required childcare experience of 2 years, and who has completed fewer than 100 babysitting appointments with our agency

  • Pro: A Pro Nanny’s Rate is $22 per hour. They have multiple years of solid, full-time nanny experience, excellent client reviews, and over 100 completed babysitting appointments with our agency.

  • Elite: An Elite Nanny’s Rate is $24 per hour. They have multiple years of solid, full-time nanny experience, consistently glowing client reviews, and over 200 completed babysitting appointments with our agency.

7. PRE-SCREENING

All Nannies available for an appointment on the Website have been pre-screened by Nannies on Call.  Before we list a Nanny for booking on the Website, we require that they provide evidence that they:

  • Are at least nineteen (19) years of age if located in Provinces other than Alberta; 

  • Are at least eighteen (18) years of age if located in the Province of Alberta;

  • Produce a valid, government-issued photo identification for review by Nannies on Call;

  • Complete a satisfactory face-to-face interview with representatives of Nannies on Call to determine their suitability to serve as a Nanny;

  • Have a Canadian criminal record check which shows that no offences were found; 

  • Maintain a current certification for first aid and CPR; 

  • Have a resume reflecting a minimum of two years of childcare experience;

  • Produce reference letters with direct contact information for references; and

  • Are legally authorized to work in Canada. 

Nannies on Call completes the pre-screening process described above on a commercially reasonable efforts basis, and, while we complete the pre-screening process with as much diligence as commercially reasonable, we are reliant upon each Nanny’s representation that they have provided us true, complete and accurate information.  Accordingly, we make no representations about the truth, accuracy or completeness of any information provided to us by any Nanny, and we assume no liability in the event that a Nanny has provided information during the pre-screening which is not true, complete and accurate.

8. NANNY FEES

When you book a Nanny, you will be responsible for paying that Nanny’s Rate (as described in Section 6 above), as well as certain additional fees and charges.  Each Nanny’s Rate includes care for up to three children who are siblings.  Additional fees (each, a “Rate Premium”) apply to the Rate as follows:

  • An additional $2 per hour is charged for each additional child who is a sibling;

  • An additional $3 per hour is charged for each additional child from a different family (including friends or cousins);

  • An additional $2 per hour is charged for each hour that a Nanny works between 12:00 AM and 6:00 AM;

  • An additional $2 per hour is charged for each hour that a Nanny works on statutory holidays;

  • After eight (8) consecutive hours of work in an appointment, a Nanny’s Rate for each additional consecutive hour of work is multiplied by one and one-half (1.5x);

  • After ten (10) consecutive hours of work in an appointment, a Nanny’s Rate for each additional consecutive hour of work is multiplied by two (2x);

  • On December 25 of each year, all Nannies’ base Rates as well as the Rate Premium for additional siblings and children from a different family are multiplied by two (2x) for each hour worked; and

  • On December 31 of each year, beginning at 5:00 PM, all Nannies’ base Rates as well as the Rate Premium for additional siblings and children from a different family are multiplied by two (2x) for each hour worked.

You are also responsible for and agree to pay all other costs and expenses incurred by a Nanny in the course of providing Services to you, provided that such costs and expenses are either (a) approved by you in advance, or (b) incurred by the Nanny on an emergency basis in order to assure the safety and well-being of the children in the Nanny’s care.  

All Rates, Rate Premiums and other charges are exclusive of applicable taxes and you agree to pay such taxes.

We reserve the right to update Rates and Rate Premiums from time to time and you acknowledge that the Website being updated to reflect changes to our pricing is adequate notice of such price changes.

9. 4-HOUR MINIMUM 

All appointments for Nannies must be made for a minimum of four (4) hours, and you acknowledge and agree to pay all applicable Rates (together with any Rate Premiums applicable thereto) in respect of a minimum period of four (4) hours. After the initial four (4) hours, you will be charged to the nearest quarter hour.

10. NANNY CANCELLATION POLICY

All appointments for Nannies cancelled less than twenty-four (24) hours before the appointed appointment start time will be subject to a cancellation fee equal to four (4) hours of the Nanny’s Rate plus applicable Rate Premiums.  If you wish to cancel an appointment scheduled for either December 25 or December 31 of each year, you must cancel the appointment at least ten (10) days before the appointment or the cancellation will be subject to a cancellation fee equal to eight (8) hours of the Nanny’s Rate plus all applicable Rate Premiums.

All cancellation fees will be automatically charged through the Website and must be paid before any additional appointments for Nannies can be made.  

11. PAYMENT FOR SERVICES; NANNY EXPENSES 

For each appointment, the payment for a Nanny’s Rate and any Rate Premiums and applicable taxes thereon must be paid in full by credit card promptly at the conclusion of the appointment.  

A Nanny shall not be obligated to incur personal expenses in the course of an appointment.  To the extent that you wish a Nanny to incur any expenses during the course of an appointment (such as activity costs, transportation costs or food costs), it is your responsibility to provide the necessary funds to the Nanny in cash at the commencement of the appointment.

12. RESTRICTIONS 

In booking a Nanny, you acknowledge and agree as follows:

  • Each appointment is based upon a Nanny’s availability and interest.  Nannies on Call does not guarantee that a Nanny will always be available. 

  • Nannies on Call does not guarantee that the Website and Services will always be available, and they may be subject to scheduled down-time, maintenance, and/or unplanned service interruptions.

  • Nannies are entitled to cancel appointments, and Nannies on Call makes no representations or guarantees about your ability to find a replacement Nanny if a Nanny cancels an appointment.

  • Nannies can be booked for childcare services only.

  • Nannies are not permitted to drive the children anywhere. 

  • Nannies are not permitted to administer medication to children, with the exception of emergency medication specifically authorized by you on Nannies on Call’s Emergency Medication Authorization Release completed at the commencement of the appointment.

  • Should you wish a Nanny to take your children outside of your residence (for swimming, walking to the park/playground, or any other activity), an activity release form must be signed by you at the commencement of the appointment. You further acknowledge that, notwithstanding any activity release, (a) all such activities must be easily accessible within walking distance or by public transit, and (b) nothing shall obligate the Nanny to take the children in their care to any location should the Nanny consider the activity to be unsafe or inadvisable in the Nanny’s sole discretion given the needs of the children in their care at any given time.

13. CONTACTING A NANNY

You acknowledge and agree that by opening a Nannies on Call membership and using the Services, you are agreeing to contact Nannies only using the Nannies on Call platform, and not through any other means.  If Nannies on Call believes that you have breached this obligation, you may be subject to a range of actions, including revocation or suspension of your membership, restrictions on bookings and account features, limitations on your ability to access the Services and the recovery by Nannies on Call from you of its expenses relating to the monitoring and enforcement of this Section 13.  You acknowledge that Nannies on Call has devoted significant time and expense to develop and maintain the Website and the Services and, therefore, your violation of this Section 13 would cause significant harm to Nannies on Call.

Without limiting the generality of the foregoing, in addition to the other consequences and remedies set forth herein or otherwise available to Nannies on Call under applicable law and equity, you agree that if Nannies on Call determines that you have contacted a Nanny for the purpose of booking that Nanny’s services outside the Nannies on Call platform, Nannies on Call shall have the right to charge you the amount of $5,000 for each such contact between you and a Nanny outside the Nannies on Call platform.  You agree that this represents a reasonable estimate of the actual damages Nannies on Call may suffer as a result of a breach of this Section 13 and is not a penalty.


GENERAL TERMS AND CONDITIONS

14. PRIVACY AND CONFIDENTIALITY

As either a Client, you may come into contact with Personal Information (as such term is defined in the Privacy Policy) belonging to Nannies.  In addition to all such Personal Information of Nannies, you acknowledge that Nannies on Call has and will have certain trade secrets, products, technology, sales literature and brochures, forms, contracts, customer data, customer lists, employee personal information and other information (whether marked confidential or not) (“Nannies On Call Data” and together with all Personal Information, the “Confidential Information”).   You agree that all times while using the Website and the Services and at any time after, you will not use any Confidential Information except as strictly required to use the Website and the Services as contemplated under these Terms and Conditions, and you will not disclose, duplicate, transfer, sell, publish, transmit, exploit, modify, reverse-engineer or take any benefit from any of the Confidential Information or assist any third party to do any such things.  Further, you agree to comply with any and all obligations Nannies on Call has with respect to the confidential and/or personal information of its Clients, prospective Clients, and Nannies, including without limitation, maintaining confidentiality and privacy standards with respect to the Confidential Information as set out in the Privacy Policy, as in force from time to time.

15. NON-EMPLOYMENT

The Services provided by Nannies on Call are intended to provide occasional childcare, and our intended focus is on booking convenience rather than you consistently being able consistently book the same Nanny. Booking the same Nanny repeatedly or on a regular basis may result in the Nanny being deemed to be your employee by the Canada Revenue Agency, Worker’s Compensation Board or other similar federal or provincial governmental authority or regulatory body.  If your preference is to book the same Nanny on a regular basis or for a period of two weeks or longer, we strongly encourage you to use our extraordinary placement service, The Nanny Solution to hire the Nanny as an employee.  You agree to indemnify and hold harmless Nannies on Call, its affiliates, partners, directors, officers, agents and suppliers from and against any claims, damages, losses, charges, liabilities or expenses of any kind that may directly or indirectly result from any finding of any governmental authority or regulatory body that a Nanny is an employee of yours.

16. YOUR OBLIGATIONS

In connection with your use of our Services and/or the Website, you shall not knowingly (after taking commercially reasonable precautions) access, store, distribute or transmit any viruses or any material that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other protected grounds of discrimination; or (f) causes damage or injury to any person or property.

You shall not (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Website and/or Services (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website and/or Services; (c) access all or any part of the Services and/or the Website in order to build a product or service which competes with the Services and/or the Website; (d) use the Services and/or the Website to provide services to third parties; (e) without the prior written consent of Nannies on Call in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or the Website available to any third party; or (f) use the Services and/or the Website in violation of any applicable law or outside the scope expressly permitted herein.

17. RELEASE

Nannies on Call, the Website and the Services are a referral service only and the Nannies are not employees, co-employees, non-independent contractors or other similar agents of Nannies on Call.  The Services are provided on an as-is basis and Nannies on Call assumes no liability or responsibility for the performance or conduct of any Nanny.  Therefore, you unconditionally release Nannies on Call and its employees, recruiters, representatives, agents, officers, and directors from, and agree that none of them shall be liable for, any personal property damage, injury, loss, liability, claim, delay or expense of any sort directly or indirectly incurred by you in connection with or as a result of your use of the Website or the Services (including your selection of and hiring a Nanny referred by Nannies on Call), and including without limitation: untrue or inaccurate statements made by the Nanny in the pre-screening process described in Section 7 above, acts of God, acts of war, government restrictions, as well as events directly or indirectly caused by any intentional or negligent acts or omissions by any Nanny.  You acknowledge and agree that under no circumstance shall Nannies on Call, its affiliates, partners, directors, officers, employees, representatives, agents or suppliers be liable for any indirect or consequential damages or penalties of any nature whatsoever.

Further, you agree to indemnify and hold harmless Nannies on Call, its affiliates, partners, directors, officers, employees, representatives, agents and suppliers from and against any and all claims, suits, proceedings, liabilities, damages, losses, fees and expenses (including reasonable attorneys’ fees) arising out of or in relation to any claims resulting from your breach of these Terms and Conditions, or your use of the Services and/or the Website, including, without limitation, any violation with respect to your disclosure of a third party’s Personal Information or your disclosure of any Nannies on Call Data.

18. PAYMENTS

Except as otherwise set out in these Terms and Conditions, all amounts payable to Nannies on Call from time to time shall be payable by credit card using the payment portal provided on the Website, no later than thirty (30) calendar days after the amount becomes due and payable.  Nannies on Call reserves the right to charge interest at a rate of 3% per month on any overdue amounts.

19. GOVERNING LAW

By browsing the Website and/or using the Services, you agree that the Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by such laws, regardless of your place of residence. Except as otherwise specifically agreed in writing by the parties, any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your place of residence. You hereby consent to the exclusive jurisdiction of such court. You agree to adhere to all federal, provincial, and local laws applicable to all interactions in which you engage in relation to the Services and/or the Website.

20. ENTIRE AGREEMENT 

These Terms and Conditions, the Privacy Policy, and any other agreements incorporated by reference herein constitute the entire and exclusive agreement between Nannies on Call and you in connection with your use of the Services and/or the Website.

Nannies on Call reserves all rights with regard to all any and all intellectual property on the Website or in the contents thereof, including copyrights and trademarks under common law or otherwise.

21. CURRENCY

All references to “Dollars” and “$” in these Terms and Conditions will be references to the lawful currency of Canada.

LAST UPDATED: January 2024