TERMS & CONDITIONS FOR NANNIES

These Terms & Conditions for Nannies shall be applicable only to the nannies/caregivers who have signed up

as a ‘Nanny’ on our mobile application, namely, ‘Nanny’, as available on Google Play Store and Apple App

Store (hereinafter referred to as the “Platform” or “App”), as made available by NANNY THE APP, INC., a

company, bearing DOS ID: 6623671, and having its principal office address at 23 E. 69TH ST. NEW YORK,

NY 10021.

These Terms will be deemed as accepted by you by downloading, installing and accessing the App or

using or registering as a ‘Nanny’ or by clicking on a button or taking similar action to signify your

affirmative acceptance of these Terms.

In addition to these Terms, our Community Guidelines, Disclaimer, and Privacy Policy statement posted on

the App shall also be applicable to you.

1. DEFINITIONS

For the purposes of these Terms & Conditions for Nannies, the following capitalised terms shall have

the following meaning:

i. App: It shall refer to our mobile application, namely, ‘Nanny’, as available on Google Play

Store and Apple App Store.

ii. ‘Company’ shall refer to NANNY THE APP, INC., a company, bearing DOS ID: 6623671,

and having its principal office address at 23 E. 69TH ST. NEW YORK, NY 10021.

iii. ‘Disclaimer’ shall refer to the disclaimer statement posted on the App.

iv. ‘Privacy Policy’ shall refer to the Privacy Policy statement posted on our App.

v. ‘Service’ shall refer to the services of the Platform provided by our Company through this

App whereby we help parents and nannies/caregivers connect with each other.

vi. ‘Service Provider’ shall refer to the caregivers/nannies who have registered on the Platform

as ‘Nanny’ in order to create their profiles to be discovered by the parents.

vii. ‘Terms’ shall refer to these Terms & Conditions for Nannies, as applicable to the

nannies/caregivers (Service Providers) registered on our Platform.

viii. ‘User(s)’ shall refer to the users or parents who are using our App to find and connect with the

caregivers/nannies (Service Providers).

2. ACCEPTANCE OF THESE TERMS

By registering on our App as a ‘Nanny’ or by clicking on a button or taking similar action to signify

your affirmative acceptance of these Terms, you hereby represent that you have read, understood, and

agreed to be bound by these Terms and any future updates and additions to these Terms, as published

from time to time at the App.

3. UPDATES

From time to time, we will bring new updates to our App, mostly in order to enhance your experience

and/or to improve the safety and security of our Platform, Service Providers and parents, or for any

other reason as we deem fit at our sole discretion. You agree not to update the App as and when such

updates are ready and available.

4. ACCOUNT REGISTRATION AND VERIFICATION

a) Account Registration: To access the Platform as a nanny/caregiver (Service Provider), you are

required to sign up and create an account with us as a ‘Nanny’. When setting up and maintaining

your account, you must provide and continue to provide accurate and complete information about

yourself, your skills and experience. As part of the registration process, you will create a password

and an account.

b) Social Media Signup: Besides having an option to register with email, you will also have an

option of signing up using social media accounts, such as Facebook or LinkedIn. In case, you

choose to sign up using any of these social media accounts, you will be redirected to the website of

such social media accounts, and therefore, in addition to our policies, you will also be subject to

the legal policies of such social media platforms. We are not liable for any loss caused to you due

to any action of such third-party platforms.

c) Registration Details and Verification: While registering the account on the Platform, you may be

required to furnish details about you, your services, and location. You agree and acknowledge that

we reserve the right to, directly or through a third-party service, validate the information provided

by you on the Platform. You agree to furnish additional information and provide documentary

proof as may be requested by us, from time to time, for the purposes of verification of your Service

Provider account information. If any information provided by you is found to be incorrect or

misleading, we reserve our right to take appropriate steps as set forth under Section 4(d) of these

Terms. We reserve the right to seek additional information from you about you and your services,

from time to time and you consent to provide such additional information to continue using the

Platform.

d) Security: You are responsible for maintaining the confidentiality of the password and account, and

are fully responsible for all activities that occur under your account. You agree to (a) immediately

notify us of any unauthorized use of your password or account or any other breach of security, and

(b) not give access to your Platform account details (including password) to any third party. We

cannot and will not be liable for any loss, damage or other liability arising from your failure to

comply with this Section or from any unauthorized access to or use of your account.

e) Inaccurate Information: If we have reasonable grounds to suspect that any of the information

submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account,

and refuse current or future use of any or all of the Services.

f) Account Deactivation: You can deactivate your account from our platform at any time at your

sole discretion. If you deactivate your account, all the data associated with your account will be

deleted. This action will be permanent, and if you decide to come back, you’ll have to start afresh.

5. YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

i. You represent, warrant and agree that:

a. you are a person of sound mind and at least 18 years in age and are fully able and

competent to understand and agree to these Terms & Conditions for Nannies;

b. you have not been (at any time in the past) convicted of an indictable offence or a

felony, nor are convicted of a sexual offence of any nature, and that there are no

pending proceedings or investigations of a criminal nature against you;

c. you have read, understood and consented to our Community Guidelines,

Disclaimer, and Privacy Policy statement posted on the App;

d. you shall use the Platform for getting discovered by the parents who may require

your services for their child;

e. you shall comply with all applicable laws while providing your service to the parents

and their child;

f. you shall be solely responsible for obtaining all necessary third-party degrees,

licenses and permissions (if any required) regarding any service that you provide;

g. any photos, videos, description, or content that you post about your services is true,

complete and not misleading, and the same does not and will not violate the

intellectual property rights of any third-party;

h. you will be polite, generous and professional in your interaction and dealing with the

parents as well as their child, and will not abuse, harass, violent, or be rude to them;

i. you will always keep the welfare and interests of the child above everything; and

j. you will not make false proclamation or statement about your qualification or

experience or expertise or interests in any circumstance.

ii. Service Provider may be required to provide various information about them as part of the

registration process on the Platform or your use of any Service or the Service Provider

account. Service Provider represents, warrants and agrees that:

a. such information, document, certificate and material whether submitted during the

registration process or thereafter throughout the continuation of the use of the

Platform or Service is true, accurate, current and complete; and

b. Service Provider will maintain and promptly amend all information and material to

keep it true, accurate, current and complete.

iii. Service Providers are required to behave professionally with the parents and children. Any

misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be

considered as a violation of these Terms.

The failure of the Service Provider to comply with any of the above, or any other provision of

these Terms can lead to necessary action taken by our Company, including without limitation,

suspension or removal of the account, and take other legal recourse, at the sole discretion of the

Company.

6. PAYMENTS AND TAXES

a) Free Account: There are no fees or charges for creating an account on Nanny or to apply as

‘Nanny’.

b) Payments take place outside: All the transactions and payments between parents and you

shall take outside of our platform. We make no representation with the parent’s ability make

payment to you for your services. All liability in this respect shall lie with the respective

parent, as the case may be.

c) Taxes: Service Providers are responsible for paying any direct or indirect taxes, including any

GST, VAT or income tax, which may apply to them depending on residency, location or

otherwise, under provisions of their jurisdiction. Service Providers represent and warrant that

they comply, and will comply at all times, with their obligations under income tax provisions

in their jurisdiction.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

a) Rights of our Company: This App, platform, its logos, its content, designs, trademarks, trade

dress, trade name, all of our features, functionalities and services, shall remain the sole

property of our Company, and/or its licensors, as the case may be. Your use of or access to

this App, platform, or availing of our Services shall not in any way transfer or assign to you

any ownership or other proprietary rights in or to this App, platform, our services, any content

(except your own content), designs, published by us or our licensors or third parties.

b) Your Rights: The content, including without limitation, bio, content, or description that you

write or upload, and other information that you post or share may be protected by intellectual

property laws. You own the intellectual property rights in any such content that you share on

the Platform. Nothing in these Terms takes away the rights you have to your own content.

You are free to share your content (except defamatory one) with anyone else, wherever you

want.

c) Our License: However, to provide our Services we need you to give us some legal

permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes

of providing and improving our Services. You grant us a non-exclusive, transferable, sub-

licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy,

publicly perform or display, and translate your content.

8. RESTRICTIONS

Service Provider shall not itself, and shall not permit anyone to: (i) copy or republish the Services or

Platform, its features and functionalities, (ii) make our Services available to any other person without

our prior written consent, (iii) share login credentials with a third party, (iv) create duplicate accounts

(v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the

Platform, (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source

code of the App or portal, (vii) access the App or portal with the sole purpose to build a similar

product or competitive product, (viii) behave unprofessionally with the users or parents or their child

or provide them bad service, (ix) lie about his/her experiences or expertise or interests or location, and

(x) does any act that that goes against the terms mentioned in this Terms & Conditions for Nannies

or our Community Guidelines or the applicable law.

9. UPTIME

We will use commercially reasonable efforts to make the App, platform, portal and Services available

for access by the Service Provider 97% of the time, measured on a monthly basis, excluding Planned

Outages. “Planned Outages” shall mean the installation of upgrades, routine application, server, or

network configuration changes, and other reasonable maintenance activities. We will post an advance

announcement of any Planned Outage or intimate the Service Provider about the same through any

other way. We disclaim that the App or portal will be available on an uninterrupted or timely basis at

all time. We will not be liable to you for any lost profit or loss of revenue if anyone is not able to use

our Platform due to any reason (including technical glitches).

10. COMPLAINTS

In case any users have complained about the any aspect of your profile, communication or the services

provided by you, we will look into such complaint, provide you a reasonable opportunity of being

heard, and then take a decision on what action is to be taken against you. In case, you are found to be

violating any provision of these Terms, we reserve the right to suspend or remove your account, and

prohibit future use of our Services to you, at our sole discretion. You hereby agree to fully co-operate

with us on a timely basis for the resolution of the complaints submitted by the users against you or your

profile or services.

11. NO WARRANTIES

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS,

PLATFORM, APP AND OUR SERVICES ARE PROVIDED TO YOU “AS IS”. WE AND

OUR MEMBERS AND LICENSORS MAKE NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE REGARDING PLATFORM OR OUR SERVICES, INCLUDING THAT

OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE

OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR

CONTENT, WILL BE SECURE. EXCEPT TO THE EXTENT PROHIBITED BY LAW,

WE AND OUR MEMBERS AND LICENSORS DISCLAIM ALL WARRANTIES,

INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-

INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT

OF USE OF OUR SERVICES OR THE PLATFORM.

12. LIMITATION OF LIABILITY AND INDEMNITY

i. To the maximum extent permitted by law, in no event shall our Company (or our members,

licensors or affiliates) be liable to you or any third party for any financial loss, loss of time,

lost profits, lost data, costs of procurement of substitute services, or any indirect,

consequential, exemplary, incidental, special or punitive damages arising from or relating to

these terms or your use of, or inability to use the Platform, even if our Company has been

advised of the possibility of such damages. Access to, and use of, the Platform is at your own

discretion and risk, and you will be solely responsible for any damage to your property or

device or computer system or business, or loss of data resulting therefrom.

ii. Service Provider agrees to indemnify our Company, its users, its members, affiliates,

directors, employees, agents and representatives and to hold them harmless, from any and all

damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which

may arise from or in connection with: (i) your services, materials or content; (ii) from your use

of the Platform or any of the Services; (iii) from your breach of the Terms or breach of any

applicable laws; (iv) your negligence or wilful misconduct or unprofessional behaviour; (vi)

any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual

property right infringement or other claim, demand or action resulting from the use of any of

the Services.

13. GOVERNING LAW AND DISPUTE RESOLUTION

a) Governing Law: These Terms and any dispute arising from the same will be governed by

applicable laws of State of New York (USA).

b) Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing

which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively

before the appropriate courts situated in New York City, New York (USA).

c) Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND

STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A

JURY. YOU AND OUR COMPANY ARE INSTEAD ELECTING THAT ALL CLAIMS

AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN

YOU AND OUR COMPANY, SHALL BE RESOLVED BY A JUDGE.

d) Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE

OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT

ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE,

AND CLAIMS OF MORE THAN ONE SERVICE PROVIDER CANNOT BE LITIGATED

OR CONSOLIDATED WITH THOSE OF ANY OTHER SERVICE PROVIDER(S).

e) Disputes between you and the users: You understand and acknowledge that Nanny is a mere

facilitator between you and the users/parents, and we in no way are responsible for the

conduct of the users/parents or their child or the genuineness of their request. Therefore, if you

have any claim or dispute against a user/parent, you undertake to take it up directly with the

concerned user/parent. Our Company shall not mediate or resolve such disputes, and nor shall

become a party to such disputes. However, if you believe that a user has violated our Terms &

Conditions for Parents (as posted on the App), applicable law, or any other policy of Nanny,

you can file your complaint at nannytheapp@gmail.com, and we will take necessary action in

accordance to our policies and applicable law.

16. NOTICES

When you use the App or send emails to Nanny, you are communicating with us electronically. You

consent to receive electronically any communications related to your use of this App. Nanny will

communicate with you by email or by posting notices on this App. You agree that all Terms, notices,

disclosures and other communications that are provided to you electronically satisfy any legal

requirement that such communications be in writing. We may give notice by means of a general notice

via electronic mail to your email address as available with us. If you want to give a notice to us, you

can do so by dropping an electronic mail to nannytheapp@gmail.com.

17. MISCELLANEOUS

i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your

own expense to ensure you understand the provisions of these Terms & Conditions for

Nannies.

ii. Headings: The section headings are for convenience only and shall not control or affect the

meaning or construction of any provision of these Terms.

iii. Breach: Our Company reserves the right to put any account on hold or permanently disable

accounts due to breach of these Terms and/or our other policies or due to any illegal or

inappropriate use of the Platform or its services.

iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such provision to

the greatest extent possible under applicable law and the remaining provisions of these Terms

will continue in full force and effect.

v. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be

construed as a waiver by us of any provision or any right that we have to enforce these Terms

and nor shall any course of conduct between our Company and you or any other party be

deemed to modify any provision of these Terms.

vi. Survival: Notwithstanding any other provisions of these Terms, or any general legal

principles to the contrary, any provision of these Terms that imposes or contemplates

continuing obligations on either party shall survive the expiration or termination of these

Terms, for any reason whatsoever.

vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there

shall be no third-party beneficiaries to these Terms.

viii. No Assignment: You may not assign these Terms (or any rights, benefits or obligations

hereunder) by operation of law or otherwise without the prior written consent of our

Company. Any attempted assignment that does not comply with these Terms shall be null and

void.

ix. Entire Terms: These Terms, Disclaimer, Community Guidelines, Privacy Policy, together

with any additional terms and conditions incorporated herein or referred to herein constitute

the entire agreement between our Company and you, relating to the subject matter hereof, and

supersedes any prior understanding or Terms (whether oral or written) regarding the subject

matter, and may not be amended or modified except in writing or by making such

amendments or modifications available on our Platform.

x. Force Majeure: Our Company, members and agents will be excused from performance for

any period during which, and to the extent that, such party or any subcontractor is prevented

from performing any obligation or service, in whole or in part, as a result of causes beyond its

reasonable control, and without its fault or negligence, including without limitation, acts of

God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures,

power failures and government-imposed lockdowns or similar restrictions.

xi. Updates to these Terms: We may add to or change or update these Terms at any time, from

time to time, entirely at our own discretion, with or without any prior written notice. You are

responsible for checking these Terms periodically. Your use of the Platform after any

amendments to the Terms shall constitute your acceptance to such amendments.

18. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

In the event you have any grievance regarding anything related to these Terms or Privacy Policy or

Disclaimer, or with any content or service of our Company, in that case you may freely write your concerns

to the Grievance Officer/Designated Officer appointed below:

• Name: Jillian Larson

• Designation: Founder

• Email: admin@nannytheapp.com

19. CONTACT US

If you have questions or need any clarification or have any grievance, please feel free to contact us at

Email: admin@nannytheapp.com.

Last Updated on November 01, 2022.