TERMS & CONDITIONS FOR PARENTS
This Terms & Conditions for Parents (hereinafter referred to as the “Terms of Service” or “Terms &
Conditions” or “Terms”) shall govern the relationship between 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 (hereinafter
referred to the “Company” or “Nanny” or “us” or “our” or “we”) and you (hereinafter referred to “you” or
“your” or “user(s)” or “parent(s)”), and shall govern your use of our mobile application, namely, ‘Nanny’, as
available on Google Play Store and Apple App Store (hereinafter referred to as the “Platform” or “App”).
Nanny is a mobile app designed to connect parents with a suitable nanny for their child. As each child is unique, so
is each nanny. Nanny creates the relationship between local caregivers and parents. (hereinafter referred to as the
“Service”)
These Terms are applicable on all the users/parents registered on our App. Please read these Terms carefully, as
these, along with our Community Guidelines, Refund Policy, DMCA Notice, and Privacy Policy statement forms
the entire agreement between you and our Company. If you do not accept these Terms in its entirety, then you shall
not use the Platform or avail our any of our services.
In case you are a caregiver/nanny who is listing his/her services on the Platform, please refer to our Terms &
Conditions for Nannies posted on our App.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement.
These Terms shall be read in conjunction with our Disclaimer, Refund Policy, DMCA Notice and Privacy Policy
statement.
1. ACCEPTANCE OF THESE TERMS
By accessing, registering on, or using the App as a user/parent, or by buying any of our subscription plan,
or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms,
you hereby represent that:
i. 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 on the App.
ii. You are of sound mind, at least 18 years in age, and otherwise competent to enter into a binding
contract with us. Further you represent that you are a parent/legal guardian who’s going to use our
App to find a nanny/caregiver for his/her child. In case you are not at least 18 years in age, then
you cannot use our App.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You agree, understand and acknowledge that the we are an intermediary platform that merely
helps you to find and connect with the caregivers/nannies (Service Providers), and as such we are
only a facilitator between the caregivers/nannies (Service Providers) and the you, and we cannot
be a party to or control in any manner any provision of service by such Service Providers, or the
transactions that you may enter into with such Service Providers, or your interaction with them.
Accordingly, the contract of service shall be a strictly bipartite contract between you and the
respective Service Provider, and we shall not be liable to you for deficiency or non-provision
of services in any manner.
v. You have read, understood and consented to our Community Guidelines, Disclaimer, Refund
Policy, and Privacy Policy statement posted on our App.
2. IMPORTANT TERMS
For the purposes of these Terms, and all other policies of Nanny, the following capitalised terms shall have
the following meaning:
a) ‘App’ shall refer to our mobile application, namely, ‘Nanny’, as available on Google Play Store
and Apple App Store.
b) ‘User(s)’ shall refer to the users or parents who are using our App to find and connect with the
caregivers/nannies (Service Providers).
c) ‘Our Content’ shall refer to all the content belonging to Nanny on the App, including without
limitation, trademark, tradename, logos, text, graphics, images, software, information or other
materials.
d) ‘Platform’ shall refer to the platform of Nanny, and shall include the App.
e) ‘Service Provider(s)’ 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.
f) ‘Service Provider’s Content’ shall refer to all the content posted by the Service Provider on the
Platform, such as through his/her profile.
g) ‘Service’ shall refer to the services of the Platform provided by our Company through this App.
h) ‘Tax’ or ‘Taxes’ mean any taxes, whether municipal, provincial, state and federal indirect or other
withholding and personal or corporate income taxes.
i) ‘Terms’ shall refer to These Terms & Conditions for Parents as applicable to the users/parents.
3. ACCOUNT REGISTRATION, PASSWORD AND SECURITY
a) Account: To access various parts of the Platform, and to avail various Services, you are required to
register and create an account with us as a ‘Parent’. Registration is free. When setting up and
maintaining your account, you must provide and continue to provide accurate and complete
information about yourself. 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) Security: You are responsible for maintaining the confidentiality of your password and account, and
are fully responsible for all activities that occur under your account. You agree to immediately notify
us of any unauthorized use of your password or account or any other breach of security. We ask that
you should not share your account or password with 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.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information
submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate
account, in that case, we may terminate your account, and refuse current or future use of any or all of
the services.
e) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any
other person or parent, without our prior written consent.
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.
4. HOW CAN YOU USE THE APP?
i. Allowed uses:
a) Non-exclusive License: Please note, our App, and all of its services, features and
functionalities are being provided to you on a non-exclusive basis. Specifically, we
only grant you a limited, personal, non-exclusive, non-transferable, revocable right
to use and/or access the App and its Services. We reserve the right to revoke this
license if at any time you are found to be misusing our services or breaching these
Terms or our Community Guidelines or the applicable law.
b) Directions of Use: You must follow any and all guidelines or policies or directions
of use as associated with each of the Services on the Platform.
c) Information: Whenever prompted, you must provide us with the correct, accurate
and updated information about yourself. All the submitted information will be
processed in accordance with our Privacy Policy statement.
d) No Booking and Payment: Our App only helps you find and connect with
nannies/caregivers by messaging them. The services of the nannies/caregivers cannot
be booked on our App, and no payments can be made on or through our App to such
nannies/caregivers.
e) Background Check and Verification: You understand that we are only an
intermediary platform that connects parents with nannies/caregivers. We do not
conduct background checks or run verifications on the nannies/caregivers registered
on our App (with their consent). We strongly advice you to conduct such background
checks and verifications at your own end before hiring the services of any
nanny/caregiver that you connected with through our App.
f) Community Guidelines: Any photo, video, text, reply, or other content uploaded by
you on the App via messages or otherwise must strictly comply with our
Community Guidelines. We reserve the right to takedown any content that violates
our Terms, Community Guidelines, or applicable law without any notice.
g) Material: For the purposes of these Terms, “material” shall mean any logos,
trademark, text, video, graphics, sound material, published on the Platform, whether
a copyright of our Company, Service Providers, other users, our licensors or any
third party. You are not allowed to download or print the material, or extracts from
it, in a systematic or regular manner or otherwise so as to create a database in
electronic or paper form comprising all or part of the material appearing on the
Platform. You must not reproduce any part of the Platform or the material or transmit
it to or store it in any other Platform or disseminate any part of the material in any
other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You can’t impersonate others, create duplicate accounts, or provide inaccurate
information about yourself or your preferences or child or requirements.
b) You cannot engage in stalking, threatening, disparaging, defaming, or in any manner
harassing any caregiver/nanny.
c) All your messages shall be in line with the theme of the Platform.
d) You will able to message caregivers/nannies (Service Providers) if you purchase one
of our subscription plans. However, you cannot message, raise, or comment on any
political, racist or such other issue which effect’s a person, community or society.
You must not be abusive and shall only behave professionally. Moreover, there must
not be advertisement or solicitation of any sort in the messages. We reserve the right
to remove messages that violate any of our policies or applicable law.
e) You cannot message or transmit or upload any content or message that is grossly
harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or
encouraging money laundering or gambling in any manner, any content which is or
may potentially be perceived as being harmful, threatening, abusive, harassing,
defamatory, libellous, blasphemous, vulgar, pornographic, paedophilic, obscene, or
racially, ethnically, or otherwise unlawful in any manner whatsoever.
f) You must not misuse or interfere with the Services or App or try to access them
using a method other than the interface and the instructions that we provide. You
may use our Services only as permitted by law and as per the directions provided by
us.
g) The User must not:
• republish material from this Platform;
• sell, rent or sub-license material from the Platform;
• show any material from the Platform in public without our consent;
• edit or otherwise modify any material on the Platform (other than editing
your own information/posts/contents as per the method provided);
• reproduce, duplicate, copy or otherwise exploit material on our Platform for
a commercial purpose; or
• redistribute material from the Platform, except for content specifically and
expressly made available for redistribution with our written consent and
according to our terms;
• infringe or violate our Intellectual Property Rights or Intellectual Property
Rights of our Service Providers, other users, licensors or any third party;
• We reserve the right to restrict your access to any areas of our Platform, or
indeed our whole Platform, at our discretion.
h) You must not use our Platform in any way that causes, or may cause, damage to the
Platform or impairment of the availability or accessibility of the Platform; or in any
way which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
i) You must not use our Platform to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware, computer
virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer
software.
j) You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our Platform.
In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the
right to suspend or terminate your account or your access to the Platform or our services, at our sole
discretion, and in such cases, you will not be entitled to be compensated or refunded for any unutilized
benefit of your purchased subscription plan.
5. OUR CONTENT AND RIGHTS
Our App, software, platform, logos, 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 our App or 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 Platform, our services,
any content (except your own content), designs, published by us or our licensors or third parties. This
Platform and the content, including but not limited to the trademark, logo, copyright, design, layout,
typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the
expression of the information contained herein, whether as a compilation or otherwise is protected by
relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing
on this Platform are the exclusive property of, or are licensed to our Company and are protected under
applicable law. No use of a trademark, trade dress, trade name, content or design appearing on our
App may be made without the prior written permission of our Company.
6. CONTENT POSTED BY SERVICE PROVIDERS
While using our Platform and our Services, you may encounter content or information (such as bio, profile,
message, photo, video etc.) that is posted or shared by the nannies/caregivers. Therefore, there is a
likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal,
offensive or otherwise harmful. Our Company generally does review content provided by Service
Providers. We also do not run background checks or verifications on the nannies/caregivers. We disclaim
all guarantees and liabilities in this respect. However, if you come across a profile or content or message on
our Platform that is against any of our policies, you can report that content or profile or message to us at
nannytheapp@gmail.com.
7. RELATIONSHIP WITH NANNY
Our Company merely makes the Platform and Services available to enable Service Providers
(nannies/caregivers) and parents to find and transact directly with each other. Our Company does not
introduce Service Providers to the parents, or select Service Providers for the parents. The parents are
responsible for evaluating and determining the suitability of any Service Provider or their services for their
child on their own. We recommend you to run background verifications and verifications on the
caregiver/nanny (with their consent) you are planning to hire for your child. The nannies/caregivers
registered on our App have no relationship with our Company. We assume no responsibility with their
background, services, actions, inactions, or negligence. All responsibilities in this respect shall lie with the
respective Service Provider, as the case may be. If you decide to avail the services of a Service Provider,
the service contract is directly between the you and the respective Service Provider, and we are not a party
to that contract. For more information, please see the Disclaimer statement posted on the App.
8. PRIVACY POLICY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed
Privacy Policy statement available on our App.
9. LINKS TO THIRD-PARTY LINKS
The App might contain links to third-party websites, products and services. Such third-party links are not
under the control of our Company, and our Company is not responsible for any third-party links or services
provided by the Service Providers. Our Company provides access to these third-party links only as a
convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations
with respect to third-party links or the background or the services of the Service Providers. You shall use
all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so.
Whenever you click on such links, you are taken to such third-party platform, and you get out of the
jurisdiction of our App. Therefore, you shall be governed by the terms, privacy policy and other policies of
such third-party websites and we suggest that you read those policies. In case of any damage due to such
action of third-party links or services of the Service Providers, our Company shall not be responsible.
10. PAYMENTS
You can purchase a subscription on our App if you want to message any nanny/caregiver on our platform.
We reserve the right to revise our subscription plans, and/or discontinue any part of the App, at any time at
our sole discretion, without any prior notice. The transactions and payments with the nannies/caregivers
happen outside of our Platform, and directly between parents and nannies/caregivers without our
involvement.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall our Company (or our members, licensors or
affiliates) be liable to you or to any third party for any financial loss, loss of education, loss of health,
mental or physcial injury or accident or damage to property, person, child, loss of health, any criminal
activities by caregiver/nanny, denial of the service by the caregiver/nanny for any reason, violence, fraud,
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 interaction with or hiring of
caregiver/nanny registered on our App, or your 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, child, person, health, device
or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law,
notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from
or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all
times be limited to the subscription fee paid to us by you. The existence of more than one claim will not
enlarge this limit. In case where the App is down, either due to planned maintenance or due to some
technical glitch or error, or in case of deficiency of services by the Service Provider, we will not be liable to
compensate you for any reason whatsoever.
12. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of our
Company/Nanny by spreading hate, insulting, false, fake reviews or engaging in mala fide actions, strong
legal actions will be taken immediately.
13. INDEMNITY
You acknowledge to defend, indemnify and hold our Company, its members, affiliates, directors, officers,
employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”)
harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable
attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right, including without limitation to any right to
privacy, publicity rights, defamation or intellectual property rights;
b) Your wrongful or improper use of our services or Platform;
c) Your violation of any applicable laws, rules or regulations or any other applicable law through
or related to the use of our services;
d) Your violation of these Terms, or any other policy of Nanny as associated with our Services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms
and/or your use of our Services.
14. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: these Terms and any dispute arising from the same will be governed by
applicable laws of State of New York (USA).
ii. Exclusive Jurisdiction: Unless otherwise provided by the law prevailing in your jurisdiction, all
disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or
dispute shall be finally settled by bringing it before the appropriate courts situated in New York
City, New York (USA).
iii. 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.
iv. 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 PROVIDERS/USERS, AS THE CASE MAY BE, CANNOT
BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER SERVICE
PROVIDER/USER, AS THE CASE MAY BE.
v. Disputes between Service Providers and Users: You understand and acknowledge that our
Company is a mere facilitator between the Service Providers and the parents, and we in no way are
responsible for the conduct of the Service Providers or quality of the services offered by them or
for any of their conduct or actions. Therefore, if you have any claim or dispute against a Service
Provider, you undertake to take it up directly with the concerned Service Provider. Our Company
shall not mediate or resolve such disputes, and nor shall become a party to such disputes. You can
also block and/or report any nanny/caregiver through your App. However, if you believe that a
Service Provider has violated our Terms & Conditions for Nannies or applicable law or any other
policy of our Company, you can file your complaint at nannytheapp@gmail.com and we will take
necessary action in accordance to our policies and applicable law.
15. Notices
When you use the App or send emails to our Company, you are communicating with us electronically. You
consent to receive electronically any communications related to your use of this Platform. We will
communicate with you by email or by posting notices on the App. You agree that all agreements, 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.
16. Miscellaneous
i. 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 Services. And in such cases, you will not be entitled to be
compensated or refunded for any unutilized benefit of your purchased subscription plan
ii. Feedback Rights: To the extent that you provide our Company with any comments, suggestions
or other feedback regarding Nanny platform or App, as well as other Nanny services (collective,
the “Feedback”), you will be deemed to have granted Nanny an exclusive, royalty-free, fully paid
up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Our Company is under no
obligation to implement any Feedback it may receive from users.
iii. Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards
other users or Service Providers on Nanny.
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,
which may be withheld at our sole discretion. Any attempted assignment that does not comply
with these Terms shall be null and void.
ix. Entire Agreement: These Terms & Conditions for Parents, Disclaimer, Community
Guidelines, Refund Policy, and our Privacy Policy statement, 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 agreements (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 and its agents, employees and members will be excused from
performance for any period during which, and to the extent that, such party 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 these Terms shall constitute your acceptance to such amendments.
17. Grievance Officer/Designated Representative
In the event you have any grievance regarding anything related to these Terms & Conditions for Parents
or Disclaimer or Community Guidelines or Refund Policy or Privacy Policy, or with any content or
service of Nanny, 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
18. Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email:
admin@nannytheapp.com.
Last updated on November 01, 2022