Terms & Conditions
Who, What and Where
- SafeCircle Ltd (Company Number 09324993) of 8-10 High Street, Heanor, England, DE75 7EX (SafeCircle) grants you a non-exclusive, limited and revocable licence to use and access SafeCircle websites (www.safecircle.co.uk & app.safecircle.com) (Websites) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to SafeCircle and references to “you” and “your” is to you, the user.
- By using the Websites you agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Websites.
- You agree that we may change, update or otherwise amend the Websites and these Terms at our absolute discretion.
Booking Agent Only
- SafeCircle acts only as a booking agent for third party customers (Customer) to engage third party suppliers (Sitters) of child care services offered on the Websites (Services). You contract with and authorise SafeCircle to process bookings, take payment and contractually commit the Sitter and Customer in respect of the supply of Services in accordance with these Terms.
- These Terms also apply to any contract between the Customer and the Sitter for the provision of Services. The Customer and Sitter may enforce any of these Terms against the other party directly in respect of the Services.
- We do not accept any responsibility or legal liability whatsoever for any act or omission of the Sitter or the Customer arising from or in connection with the Services.
- SafeCircle recommends that the Customer ensures that any Sitter employed has current Public Liability insurance with a minimum limit of £1M. SafeCircle has recommended directly to all registered Sitters that they take out such insurance however is not responsible should this not be completed.
- Whilst we reserve the right to assist with the resolution of any complaint or dispute relating to the Services, you acknowledge that any legal recourse arising from or in connection with the Services, whether for breach of contract or otherwise, is against the Customer or Sitter (as applicable) and not against SafeCircle, notwithstanding anything to the contrary in these Terms or on the Websites.
- You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Services.
Sitter Registration & Status
- We may accept, reject, suspend or remove registration of a Sitter in our absolute discretion.
- Each Sitter acknowledges that SafeCircle and the Customer rely on the accuracy and completeness of information provided by the Sitters during the registration process. SafeCircle may require from each Sitter: confirmation of identity, details of any registrations that can be publicly searched, references, copies of certificates for specified qualifications and insurance. SafeCircle may undertake reference checks, police & DBS checks, and require an interview with the Sitter, before and after registration. Any Disclosure and Barring Service (DBS) qualifications will be required current within  years of registration.
Each Sitter warrants and represents that all information provided to us is accurate, complete and not misleading and notify us of any change to such information on the Websites, including that:
- Sitter has the relevant qualifications and experience to perform the Services;
- Sitter has the necessary immigration status to perform the Services.
- The Sitter acts as an independent contractor and not an employee of the customer of SafeCircle.
- Each Sitter shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Sitter shall indemnify the Customer and SafeCircle against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or wilful default of SafeCircle. SafeCircle may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.
Terms of Service
All Services are supplied via the Websites subject to these Terms:
- All Services are subject to availability and specifications are subject to change at any time.
- The Customer will be guided on the Websites through the steps required to book Services (Booking).
- The Customer is responsible for all details and any errors in any Booking. Should the Customer wish to change any Booking, the Customer must contact SafeCircle as soon as possible.
- The Customer may make repeat bookings or request a particular Sitter (My Sitter).
- A Booking may be rejected or cancelled at any time by SafeCircle, including if we discover an error in the price or specifications of the Services. We may give the Customer the choice to vary any Booking and block certain Sitters.
- The Sitter shall be notified of each Booking by email and has sole responsibility for monitoring emails for new Bookings. The Sitter may reject a Booking if the Sitter raises a concern as to legitimacy or safety. Unless rejected within 24 hours or such longer timeframe (if any) specified on the Websites, the Booking shall be deemed accepted by the Sitter.
- All Bookings must be made via the Websites.
Fees, Prices & Payment
- The Subscription Fee, Booking Fee and all prices for the Services are inclusive of VAT and subject to change at any time.
- The Customer must pay SafeCircle the Subscription Fee, Booking fee and any additional fees and charges specified on the Websites.
- Payments must be made in advance using the payment method specified on the Websites. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on any credit or debit card to pay for all charges relating to any repeat Booking and you will be charged in advance for your next Booking.
- If any amount due remains unpaid, we reserve the right to charge the registered card to ensure that the outstanding balance is settled in a timely manner and the babysitter is paid.
- If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
- You agree to pay any duties or taxes with respect to the Services.
Cancellations & Refunds
- If the Customer is a consumer, you have a legal right to cancel any Booking.
- The Customer must cancel a Booking as soon as possible via the Websites and in any event before the earlier of 7 days from the time of Booking or 72 hours before the start time. If a Booking is not cancelled before then, we may charge the full amount or an administrative fee (including as specified on the Websites).
- SafeCircle reserves the right to decide whether or not to make a refund, arrange re-performance or provide a service credit (including for non-attendance).
- Any refund may be made up to 30 days after notice is given.
- This returns policy does not affect your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited.
- The Customer must provide us with accurate address information, including your nominated address and instructions for access (Service Address). The Customer must provide a safe and appropriate working environment for Sitters at the Service Address in compliance with all applicable laws and regulations.
- Whilst every effort will be made by Sitters to attend at the time of the Booking and comply with all reasonable requests relating to the Services, we cannot guarantee arrival times, including where delay is caused by factors outside our control (such as weather, traffic, equipment failure, accident or illness). Sitters must endeavour to inform Customers of any unavailability or delay to a Booking.
- If the Sitter does not attend the Service Address at the scheduled time for the Booking, you must notify us as soon as possible via the Websites and in any event within 24 hours.
- The Customer must treat Sitters courteously and lawfully, and provide all reasonable co-operation and assistance to enable them to effectively perform the Services.
- The Sitter shall perform the Services in accordance with industry standards and shall comply with all applicable laws and regulations.
- You agree to communicate within 24 hours of any Booking; any and all complaints or grievance relating to the Services to us and comply with any policies on the Websites as may be varied from time to time. You authorise SafeCircle to deal on your behalf to resolve any complaint or grievance and agree not to communicate any settlement without approval from SafeCircle.
Website Conditions of Use
It is a condition of use that:
- You are over the age of 18 (Customer) and over 21 (Sitter);
- You have authority to use the payment method used to complete any Booking;
- You register on the Websites to perform any Services;
- You only use the Websites for lawful purposes;
- You do not engage in any defamatory, improper, indecent or offensive behaviour;
- You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Websites;
- You will treat the Websites and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and
- You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Websites.
- You do not breach any of the Terms.
- You are responsible for all content and information published on or sent via the Websites and warrant that information is accurate and honest. You acknowledge that such content will be made publicly available and that SafeCircle is not responsible for editing or monitoring such content. We reserve the right to delete any such content and information in our absolute discretion.
- By using the Websites, you warrant and represent that you will not directly or indirectly circumvent the Websites and that all Services will be booked in accordance with these Terms. Except as necessary for the performance of Services booked on the Websites, Customers and Sitters must not contact each other directly or book Services outside of the Websites at any point during your registration and for a period of 6 months after your registration has been cancelled.
- You agree and warrant that you will not solicit a user of the Websites to join another competing Websites.
- You indemnify us for any loss or damage we suffer as a result of your breach of this clause, as defined within the Term and Conditions of Registration documentation on the Websites.
- You agree to SafeCircle using any reviews, star rating and bio information for the purposes of marketing where your identity is not revealed.
- You acknowledge that we are not required to keep the Websites available for your use and we make no warranties as to its availability.
- We accept no responsibility for the unavailability of these Websites, or any offer of Services found on the Websites, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Websites.
- We make no guarantees, implied or express, as to the ongoing availability of the Websites or Services.
All content on the Websites is the copyright and property of SafeCircle and can be used for any purpose relating to the Websites or the business of SafeCircle. Without the express written permission of SafeCircle, you shall not copy the Websites for your own commercial purposes, including:
- Replicate or use the details and profiles of any Sitter;
- Replicate all or part of the Websites in anyway; or
Incorporate all or part of the Websites in any other webpage, Websites, platform, application or other digital or non-digital format.
- SafeCircle has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of SafeCircle.
- All content remains the Intellectual Property of SafeCircle, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any Sitter.
Third Party Websites & Advertising
- The Websites may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Websites.
- We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
Limitation of Liability & Indemnity
- You agree that you use the Websites at your own risk.
- You agree that any Services are provided at your own risk. You acknowledge that we are not responsible for the conduct or activities of any Customer or Sitter and that we are not liable for such under any circumstances.
- If you are provided with a username & password to access the Websites, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission.
- You acknowledge that in using the Websites and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
- You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Websites, including any breach by you of these Terms.
- In no circumstances will SafeCircle be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Websites or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not SafeCircle knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
- Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
- In all circumstances, you agree that any liability of SafeCircle shall not exceed the value of the Booking you placed using the Websites.
- We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Websites or Services.
- Sitters may terminate their use of the Websites on at least 14 days notice.
- Your use of the Websites may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Websites should you receive a notice cancelling your licence to use the Websites.
- You can contact our customer service team by email (email@example.com).
- You can direct notices, enquiries, complaints and so forth to SafeCircle using any other details published on the Websites. We will notify you of a change of details from time-to-time by publishing new details on the Websites.
- We will send you notices and other correspondence to the email address that you submit to the Websites, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
- A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
- SafeCircle may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
- SafeCircle may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
- Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
- These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
- The termination of these Terms does not affect the parties' rights in respect of periods before the termination of these Terms.
- These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.