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The Right Sitter at the Right Time

TERMS AND CONDITIONS

CITY SITTERS TERMS AND CONDITIONS (LAST UPDATED 30th August, 2014)

These Terms and Conditions govern your access to and use of the City Sitters website and mobile applications (collectively, the Site) and any services offered on the Site (the Services). This is a legal agreement between you and City Sitters Limited (we, us or City Sitters).

By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions.

If you do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Site or the Services.

We may modify these Terms and Conditions from time to time.  When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made.  Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.

1. NATURE OF THE SITE AND SERVICES

1.1 Site is a portal

The Site provides a portal for people seeking babysitting services (Parents) to connect with people who want to provide those services (Sitters, and collectively with Parents, Users).  City Sitters is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.

IMPORTANT

City Sitters does not screen or verify the identity, background, training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than City Sitters (User Content), including but not limited to User Profiles and Reviews.  As a result, City Sitters has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site and accepts no responsibility or liability in respect of the same.

City Sitters further makes no representations about the Sitters or the Parents.  You should make your own assessments of the persons you decide to interact with, engage or provide services to.

1.2 Transactions are solely between Users

We are not involved in the transactions between Sitters and Parents.  Users arrange for the services solely between themselves, and City Sitters is not a party to any of those arrangements.  City Sitters does not have control, supervise or provide any training or equipment to the Sitters, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Sitters. Because we are not involved in User-to-User dealings or control the behaviour of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Sitter or services received by a Parent.

As set out in Section 15, you agree to release City Sitters from any claims or liability that may arise from any disputes between you and other Users.

1.3 Not an employment service

City Sitters is not an employment service and does not serve as an employer of any User.  As such, Users are solely responsible (and City Sitters is not responsible), for any tax, withholding or reporting, including, but not limited to, ACC levies or PAYE tax or income reporting in connection with any services provided by Users.  You understand and agree that if City Sitters is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify City Sitters for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

1.4 Identification

If requested by City Sitters, you agree to provide City Sitters with such identification documents (including copies of passports and driver’s licenses) or other information as may be needed or requested by City Sitters.

2 ELIGIBILITY

2.1 Representations and warranties

By requesting to use, registering to use and/or using the Site, you represent and warrant that:

(a) Minimum Age:  You are an individual at least 18 years of age and at least the legal age of majority in the country in which you reside;

(b) Legal Right to Work:  If you are a Sitter, you have the legal right to work in the country in which you will provide such babysitting services; and

(c) Criminal History:  You and, if you are a Parent, each member of your household

(a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and

(b) have/has not been and are/is not currently required to register as a sex offender with any government entity.

2.2 City Sitters does not conduct background checks on its users

However, we reserve the right to verify the representations and warranties you have made, which may include, without limitation, conducting criminal background checks to the extent permitted by law and using available public records.

2.3 Indemnity

User agrees to indemnify and release City Sitters and City Sitters’ affiliated parties from any claims regarding any misstatements and misrepresentations made by any users of the Site.  Affiliated Parties means City Sitters’ officers, directors, shareholders, advisers, agents, assignees, representatives, marketing partners, licensors, licensees, independent contractors and employees.

3 USE OF SITE AND SERVICES.

3.1 Registration and Account Information

When you register for the Site using your Facebook login, you will be asked to create an account and to provide us with certain information about yourself and, if you are a Parent, your children (your “Information”).  Your Information will be used in accordance with City Sitters’ [Privacy Policy][insert hyperlink]. You are responsible for providing accurate, current and complete information in connection with your account registration, including the information provided through your Facebook account.

As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account.  You agree to immediately notify us of any unauthorized use of your password or account.

3.2 Personal Use Only

Your account is for your own personal use, and you may not permit anyone else to use your account.  The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, child care services.  Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is strictly prohibited.

You must not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person.  To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.

3.3 Use of Other Users' Personal Information

You may from time to time receive personal information of another User.  For example, upon confirmation of a booking, Users will be provided with each other’s contact information.  Any personal information you receive may only be used for the specific purpose it was provided to you (e.g., to arrange for child care services), and may not be used for any other purpose without first obtaining the other User’s permission.

3.4 Additional Prohibited Uses

You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by City Sitters in providing the Site or Services.  Any violation of system or network security may subject you to civil and/or criminal liability.

3.5 Risk Assumption and Precautions

You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others.  You agree to take all necessary precautions when meeting other Users.

3.6 Privacy Policy

You represent that you have read and understood our [Privacy Policy][insert hyperlink].

3.7 No Violation of Laws

Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.

3.8 Reporting of Violations

You agree to report to us promptly any violation of these Terms and Conditions or any alleged improprieties of any Users.  You can contact us at [insert email address].

3.9 Beta Features

From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site.  Such features or tools are offered solely for experimental purposes and may be modified or discontinued at City Sitters’ sole discretion.  The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.

3.10 Group Affiliations

Users may have the option to list certain school or local group affiliations as part of their Profile.  Unless expressly stated otherwise, City Sitters is not affiliated with any of these listed organizations nor does City Sitters verify the User’s membership with such listed organization.

4 USER CONTENT AND COMMUNICATION RULES AND GUIDELINES

4.1 User Content

As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Sitters (“Reviews”), and messages to other Users or on group forums.  You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.

4.2 Content and Communication Restrictions

You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:

(a) contains photographs or images of another person, unless you are that person’s parent or legal guardian;

(b) contains others’ copyrighted content unless you have written permission from the copyright owner;

(c) contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

(d) implies that the User Content is in any way endorsed or sponsored by City Sitters;

(e) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;

(f) is intended to harass, annoy, threaten or intimidate any other Users of the Site;

(g) is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;

(h) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;

(i) contains any malware (including but not limited to viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);

(j) is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;

(k) uses scripts, bots or other automated technology to access the Site;

(l) that otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.

4.3 Content Removal

We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content.  We may remove any such information, and material that in our sole opinion (at our complete discretion) either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms and Conditions, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of City Sitters.

4.4 Our Right to Use Your User Content

By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to City Sitters, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

4.5 Review Guidelines

Parents will have the opportunity to provide Reviews about Sitters they have used. Reviews should not include any personal information about a Sitter that is not disclosed in the Sitter’s public Profile (for example, the Review should not include or reference a Sitter’s address or phone number).  Reviews should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate.  You should avoid broad generalizations and exaggerations.  If appropriate, you should update your reviews to reflect new experiences.  As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.

5 TERMINATION

5.1 By City Sitters

City Sitters may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site.  Unless otherwise decided by City Sitters, such termination, suspension, and/or removal will be effective immediately.  Following any termination or suspension of any User’s Subscription and/or account, City Sitters may send a notice of the termination or suspension to other Users you have corresponded with.  If your account has been terminated by City Sitters, you may not re-register without City Sitters’ consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).

5.2 By User

As a User, you may cancel your account at any time by going to Settings and then clicking on “Delete my account.” You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available.  If you have a Subscription, you may cancel it in accordance with Section 9.

5.3 Effect of Termination

Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration.  Upon the termination or cancellation of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions.  If your account is terminated or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site.  Any User Content associated with your account after your account’s termination or cancellation may not be available to you if you re-register with City Sitters.  If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms and Conditions.  All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if your Subscription and/or account is terminated, suspended or cancelled.  In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms and Conditions will continue in full force and effect.

6 THIRD PARTY VERIFICATION SERVICE

6.1 Verification Services

City Sitters may (but is not obliged to) make available to Sitters one or more thirdparty verification services (each, a “3rd Party Verification Service”) that allow Sitters to provide verification of their own information such as, for example, name, IRD number, and criminal history.  If the 3rd Party Verification Service reports that a Sitter has cleared the 3rd Party Verification Service’s background check, at City Sitters' discretion, this information may be included on the Sitter’s Profile along with the date the Sitter cleared the background check.  Use of a 3rd Party Verification Service is voluntary, and City Sitters does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service.  In addition, you understand that City Sitters may review the information provided by the 3rd Party Verification Service and that City Sitters retains the right, but has no obligation, to terminate your City Sitters account based on the information.

6.2 Release

Please note that 3rd Party Verification Services may be incomplete and may not provide all information about a Sitter that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints.  Accordingly, you should take such actions as you feel are appropriate to evaluate a Sitter’s background.

7 HOLD HARMLESS

If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless City Sitters and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause.  City Sitters does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.

8 THIRD PARTY SITES.

The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a Third Party Site) or advertisements.  We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement.  Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.

9 PAYMENT, SUBSCRIPTION, CANCELLATION AND REFUND POLICIES

9.1 Fees

Where indicated on the Site, fees are charged to access and use certain Services on the Site.  For example, a reservation fee may be charged to Parents in connection with the Site’s scheduling function and Sitters may purchase subscriptions (Subscriptions) to use and access certain Services (Premium Services) that are not available to Sitters who do not have Subscriptions.  Premium Services for Sitters may also include receiving a more prominent listing on the Site.  Services, including Subscription plans and Premium Services available under one or more Subscription plans, and fees, including which Services are charged fees, are subject to change, including termination thereof, by City Sitters from time to time without notice.  A description of current Subscription plans and Premium Services is available [here].  A schedule of current fees is available [here].  If there is any change to the Subscription plans, Premium Services or fees, the page listing the current Subscription plans and Premium Services or fees, respectively, will be updated.  Users who use these fee-based Services agree to pay City Sitters the applicable fees then in effect.  In addition, Users authorize City Sitters to charge their chosen payment provider for use of the Site.  City Sitters reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.  All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans or Premium Services available thereunder.

9.2 Subscriptions

Subscriptions (regardless of length) will automatically renew on a month-to-month basis at the end of the then current term at the then current Subscription rate for monthly Subscriptions, unless the Sitter earlier renews his or her Subscription (for the same Subscription plan originally selected by the Sitter or for a different Subscription plan, at the price then in effect for such Subscription plan) or cancels his or her Subscription.

9.3 Cancellation

To cancel your Subscription, complete the subscription cancellation form available [here] 5 business days or more before the start of the next billing cycle.  The cancellation will be effective at the end of the then current billing cycle.  Cancellations made less than 5 business days before the start of the next billing cycle will be effective at the end of the next billing cycle (for example, if you have a month to month Subscription and cancel on March 29, the cancellation will be effective at the end of April).  If you cancel your Subscription, you will continue to have access to your account and Premium Services associated with your Subscription until the cancellation becomes effective.  All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account.  All Premium Services cease when your Subscription’s cancellation becomes effective; your Subscription will not renew thereafter.

9.4 Free trials

City Sitters may offer limited time, free trial Subscriptions from time to time.  Sitters under a free trial Subscription will have access to such Premium Services as decided by City Sitters.  If a Sitter continues his or her Subscription after the end of the free trial period, the Sitter will be deemed to have purchased a monthly Subscription and will be charged the price then in effect for monthly Subscriptions.  To avoid such charges, Sitters with free trial Subscriptions must cancel their Subscription before the end of the free trial period.

9.5 Card information

If you purchase a Subscription (or have a free trial Subscription), you agree to City Sitters storing your payment card information.  Sitters with Subscriptions are responsible for maintaining current and accurate payment card information associated with their accounts.  Without limiting Section 5.a., City Sitters may terminate a Sitter’s Subscription and/or account if the Sitter’s payment card information is expired or is otherwise invalid.

9.6 Expiry

If your Subscription is cancelled, expires, or becomes inactive for any reason, any User Content associated with your Subscription and any related fee credits may not be available if you repurchase a Subscription or if your Subscription otherwise is reactivated.

9.7 No transfer

Subscriptions, fee credits, and any other items or benefits associated with a Sitter’s Subscription are nontransferable.

9.8 Parents subscriptions

City Sitters may in the future offer Subscriptions to Parents.  If these Subscriptions are offered, these Terms and Conditions will be updated to include terms and conditions governing those subscriptions.

10 [ONLINE PAYMENT SERVICE

City Sitters offers an online payment service (“Online Payment Service”) to facilitate payments from Parents to Sitters.  Sitters must accept payments through the Online Payment Service.  Please refer to City Sitters’ Payment Terms and Conditions, available [here] for additional information and terms and conditions governing use of this service.]

11 [SMS TEXT MESSAGE ALERT SERVICE.

City Sitters may make SMS text message alert service available to Users.  Users who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices.  Use of the SMS text message service is voluntary, and if you decide to use this service, you are giving City Sitters permission to send SMS text messages to your cellular phone and/or mobile device.  We do not charge for this service, but your carrier may charge you.]

12 PROMOTIONAL OFFERS AND CREDITS

From time to time, City Sitters may offer special promotions, credits, awards or discounts (Promotions).  All Promotions will be run at the sole discretion of City Sitters, and can be modified or terminated at any time by City Sitters with or without advance notice.  Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion).  As part of a Promotion, City Sitters may offer fee or reward credits to its Users.  Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.

13 INTELLECTUAL PROPERTY RIGHTS

13.1 Copyright

All materials on the Site other than User Content are either owned by City Sitters or are the property of City Sitters’ suppliers or licensors.  You may not use these materials except as we give you written permission to do so.

13.2 Trademarks

The service marks and trademarks “City Sitters” and the City Sitters logo are owned by City Sitters.  Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners.  You agree that you recognize the rights of City Sitters and the respective third parties in those marks.  You may not copy or use any of these marks, logos or trade names without the written permission of the owner.

13.3 Ownership and Use

City Sitters retains ownership of its intellectual property rights and you have no rights to City Sitters’ intellectual property or City Sitters’ rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.

13.4 Your Content

Other than the non-exclusive license granted to City Sitters with respect to User Content (described in Section 4.4 above), City Sitters will not acquire an ownership interest in the User Content you post.

14 DISPUTES

If any disputes or disagreements arise between a Parent and a Sitter relating to the services provided by Sitter or payments made by or due from Parent, the Parent and the Sitter are responsible for resolving any such disputes directly with each other.  City Sitters will not be a party to any such dispute, and City Sitters will not be obligated to take any action toward resolving the dispute.

15 DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

Please read this section carefully.  This section limits the liability of City Sitters and its Affiliated Parties.  Each of the subsections below applies up to the maximum extent permitted under applicable law.

15.1 "As-Is" Basis

City Sitters provides the Site on an "as is" and "as available" basis.  Your use of the Site is at your own discretion and risk.

15.2 No Warranties; Release

City Sitters grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site).  City Sitters does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  City Sitters does not warrant the accuracy, adequacy or completeness of any information and materials on the Site.  City Sitters does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected.  City Sitters makes no warranties about the connectivity and continued availability of the Site or Services.  You agree to release City Sitters and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) your use of the Site, (ii) your use of the Services, or (iii) any claim or controversy that may arise from any disputes between you and other Users.

15.3 User Content

City Sitters makes no claims or promises about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.

15.4 Limitation of Liability

In no event will City Sitters or its Affiliated Parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site or the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from (i) interactions with other users of the Site, whether online or offline, (ii) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Services, and (iii) reviews or comments made about you on the Site by other users.

15.5 No Consequential Damages

You agree that neither City Sitters nor its Affiliated Parties has any liability for any (i) indirect, special, incidental, or consequential damages, (ii) loss of profits or loss of opportunity, (iii) business interruption, (iv) loss of or damage to reputation, or (iv) loss of information or data.

15.6 Maximum Liability

Without limiting any other provision in these Terms and Conditions, City Sitters’ maximum aggregate liability to you for losses or damages you suffer in connection with the Site, the Services or these Terms and Conditions is limited to the greater of (i) the amount paid, if any, by you to City Sitters in connection with the Site in the 12 months prior to the action giving rise to the liability, or (ii) $100.

15.7 Sole and Exclusive Remedy

Your only right and remedy in case of dissatisfaction with the Site or Services or any other grievance shall be your termination of your account and discontinuation of access to, or use of, the Site and the Services.

16 INDEMNIFICATION

You agree to indemnify, defend and hold harmless City Sitters and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including legal fees and costs incurred by City Sitters and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms and Conditions or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, or (v) your violation of any applicable law, rules or regulations.  You agree that you will cooperate as reasonably requested by City Sitters in the defence of such claims.  City Sitters and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users.

17 COPYRIGHT

City Sitters respects the intellectual property rights of others and expects its Users to do the same.  City Sitters may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others.  In addition, City Sitters, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others.  If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting City Sitters’ and providing the following information:

(a) Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

(c) Your name, address, telephone number and (if available) e-mail address.

(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

(e) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

(f) A signature or the electronic equivalent from the copyright holder or authorized representative.

18 GENERAL PROVISIONS

18.1 Governing Law and Venue

New Zealand law governs these Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and City Sitters, without regard to conflict of law provisions.  For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the courts of New Zealand.

18.2 No Joint Venture or Partnership

Nothing in these Terms and Conditions may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.  City Sitters is not an employment service or agency, and does not serve as an employer or referral source for any User.

18.3 Severability

If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms and Conditions shall remain in full force and effect.

18.4 Entire Agreement

These Terms and Conditions contains the entire agreement between you and City Sitters regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter.  The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.

18.5 Contact Information

If you have any questions or need further information as to the Site or the Services, or need to notify City Sitters as to any matters relating to the Site or Services please contact City Sitters at:

City Sitters Limited