Terms & conditions
The following terms and conditions determine the contractual agreement between Elly Sitter GmbH and the user, who are using the digital database of Elly Sitter. A distinction is made between the "Care Takers", who are taking use of the service and the "Care Providers", who provide a service (hereafter referred to "members" or "users").
1.1 The access to the use of Elly Sitters service requires a free sign up.
1.2 All users declare with their registration that they have completed the 15 year of age. Or have completed the 13 year of age and have a declaration of consent from their parents or legal guardian.
1.3 By registering to the website and/or the app, the user agrees and accepts the terms and conditions and agrees with the legal conditions of Elly Sitter GmbH. The registration creates a contractual relationship between Elly sitter GmbH and the registered member.
2. Description of the scope of service for Simple Care (merely mediation)
2.1 By offering an internet and app portal, Elly Sitter GmbH gives room for a registered Care Taker to find a registered Care provider.
2.2 After a free of charge registration via app, the user (Care Taker and/or Care provider) has the possibility to create a personal profile to view desired profiles of Care providers.
2.3 All Care Taker and Care Provider profiles are stored in a central and secured database.
2.4 Elly Sitter GmbH does not guarantee a successful establishment of contact, that the registered person replies within a certain period or reacts at all.
3.1 General information
3.1.1 For the Care Providers who offer the service on the platform, is the use (registering and profile set up) for free.
3.1.2 For the Care Taker the registering, search for Care Providers and view profiles is free of costs. For the following actions a payment is required: send messages to Care Providers, reply to messages from Care Providers and contact the Care Providers.
3.2 The conditions for Simple Care (merely mediation)
3.2.1 Care Takers can choose between the following membership packages (prices including VAT). By choosing a paid membership/subscription, the Care Taker is given the option to unlimited contact the Care Providers within the subscribed months.
· 1 Month membership: 30 CHF
· 3 Months membership: 60 CHF
· 12 Months membership: 120 CHF
The subscription plan comes with a free trial of 30 days and is auto-renewing unless the Care Taker cancels.
3.2.2 The membership is automatically extended.
3.3 Buying in-app purchases (IAP) in our iOS app.
3.3.1 The premium products in the app are auto-renewable subscription based IAP which in simple terms mean that:
a. Payment will be charged to iTunes Account at confirmation of purchase subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
b. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
c. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
e. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
4 Cancellation and deactivation
4.1 The membership subscription does have to be cancelled or is automatically extended. During the 30 days free trial, the Care Taker can cancel within trial period without any charges. After the 30 days free trial, the Care Taker can cancel the subscription plan at any time to prevent the automatically extension. After expiration of the subscription the profile will remain visible and costs do not arise.
For cancellation we refer to the following process of Apple and Google:
- iTunes & App Stores: https://support.apple.com/en-us/HT202039
- Google Play Store: https://support.google.com/googleplay/answer/7018481?hl=en
4.2 Care Takers and Care Providers can let their profile be set inactive at any time by sending an Email to firstname.lastname@example.org and are afterwards no longer visible to other users unless they re-enter the App.
4.3 Elly Sitter GmbH reserves the right to terminate profiles or contracts at any time, with or without prior notice and without giving any reasons. Costs will not be reimbursed in this case.
5 Liability of Elly Sitter GmbH
5.1 General liability of Elly Sitter GmbH
5.1.1 Elly Sitter GmbH as a portal for service providing, does not take any responsibility of the completeness and correctness of the information published on the app or website, as well as the profiles or the possible misuse of provided information. Elly Sitter GmbH does not take any guarantee and excludes all liability. Elly Sitter GmbH tries to all extend to check all generated content on the app and website, but cannot guarantee the completeness or reliability of the content or data. Elly Sitter GmbH reserves the right to completely or partially delete content of the users if necessary. Paid memberships will not be refunded in these cases.
5.1.2 Elly Sitter GmbH excludes all liability claims for damage cause by the information provided by the users.
5.1.3 In particular, Elly Sitter GmbH does not take any liability for the quality of the service provided by the Care Provider and excludes any liability arising from the contractual relationship.
5.1.4 Elly Sitter GmbH makes every effort to provide a high qualitative online service platform, with a virus-free app and website. Elly Sitter GmbH takes no responsibility for any computer/ system viruses or any other system issues. Users are fully responsible for using a virus scanning software.
5.1.5 Access to the Elly Sitter App and Website is limited by time, Elly Sitter GmbH reserves the right to withdraw or change the services provided on its app and website without prior notice. Elly Sitter GmbH cannot guarantee an error free usage and operation of the app, the website and/or the database. It is not liable if the app or webpage is not available for any reason or at any time.
5.1.6 Elly Sitter assumes no legal responsibility for the published content of third parties to which Elly Sitter refers to on their website (via links e.g.).
5.1.7 Elly Sitter GmbH is only liable for personal injury and property damage, according to the existing company’s liability insurance. Other or further damage claims are not possible.
5.2 Liability of Elly Sitter GmbH with Simple Care (merely mediation)
5.2.1 In the case of an establishment through pure mediation, Elly Sitter GmbH is neither a party nor a contractual partner in the relation between Care Taker and Care Providers. In this case the contract is exclusively between the two respective users of Elly Sitter GmbH. Herewith, the users explicitly refrain from making any claims or obligations towards Elly Sitter GmbH.
5.2.2 All actions around payments, damage or disputes must be settled between the Care Taker and Care Provider. The Care Provider is responsible for obtaining all the necessary documents, such as residence or work permits. In case of the pure mediation way of attaining a Care Provider, the Care Taker is fully responsible to insure the Care Provider’s legal needs and all necessary insurances.
6 User obligations
6.1 Users are obliged to provide truthful information.
6.2 Users agree that they will never do anything that could affect the integrity or security of this app or website or cause other users of this app or website or Elly Sitter GmbH any harm or unreasonable inconvenience.
6.3 Users declare that they have not been convicted of a deliberate criminal offense which endangers the security of third parties, in particular, not for a criminal offense against sexual integrity (Article 187 ff. StGB), a criminal offense against freedom (Article 180 ff. StGB), or a criminal offense against life and limb (Article 111 ff. StGB).
6.4 A user is responsible for the general and personal use of their profile is prohibited to transfer the account to others/third parties.
7 Involvement of third parties
Elly Sitter GmbH is entitled to commission third parties to provide parts or the entire range of services.
8 Intellectual property rights and copyright
8.1 All contents provided by Elly Sitter GmbH are protected by copyright. It is the owner or licensee of all intellectual property rights on the app and the website as well as all material published on these platforms. All rights reserved.
8.2 Users may view, print and copy the contents of the app and the online platform, if they are only used for personal use and not for commercial. Users may not modify the paper or the digital copies of printed or downloaded materials in any way, and they may not use illustrations, photographs, video or audio sequences or graphical representations separately from the accompanying texts.
9.1 Elly Sitter may allow other companies to advertise on the app and on the website. These advertisements are independent of Elly Sitter GmbH and Elly Sitter GmbH does not necessarily have to agree with, promote or tolerate the advertised content of the advertisements.
9.2 Elly Sitter GmbH does not take any responsibility or liability for the displayed content on the websites of third parties, which the user is guided to when he or she clicks on an advertisement.
9.5 By using the Elly Sitter App and website, the user agrees to the use and storage of cookies on his/her device. Most browsers automatically accept cookies. The user does not have to log in again each time, as the cookies recognize the user. The user can prevent the storing of cookies on the terminal by choosing “do not accept cookies” in your browser settings, but this may have disadvantages in the use of the services of our platforms.
10 Extension/ supplement to the General Terms and Conditions
10.1 Should any provision of these General Terms and Conditions be legally void or ineffective, neither the other provisions nor the General Terms and Conditions of Business shall be affected. The parties conclude the resulting regulatory gap by consensus. A replacement regulation must correspond to the economic purpose and the spirit of the GTC.
10.2 Elly Sitter GmbH reserves the right to amend the General Terms and Conditions at any time without prior notice. The users will be informed about this in an appropriate form.
11 Applicable law and jurisdiction
Swiss law applies to the relationship between the user and Elly Sitter GmbH. Jurisdiction is the seat of Elly Sitter GmbH in Hünenberg, Zug, Switzerland.
This version is a translation from the German Terms and Conditions. We refer to the original German version as legally binding.