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GENERAL TERMS AND CONDITIONS OF USE FAMILY OF THE "KIDLEE" PLATFORM

"KIDLEE" is a trademark registered at the INPI under the n° 4468086

KIDLEE is a simplified joint stock company with a capital of 6,000 euros, whose registered office is located at 20bis rue Louis Philippe, 92200 Neuilly-sur-Seine, registered in the Neuilly-sur-Seine Trade and Companies Register under number 841 147 697 (hereinafter referred to as "KIDLEE" or the "Company").

The present General Terms of Use (hereinafter referred to as the " CGU "These TOS define the legal framework for the use of the Company's website and the application designed and operated by the Company. These TOS also contain information about the rights of users and the restrictions imposed on these rights by laws or regulations.It is possible to contact KIDLEE by e-mail at the address [email protected] and by phone at 01 84 80 18 80

 

ARTICLE 1 : DEFINITIONS

In these Terms and Conditions of Use, words or phrases beginning with a capital letter shall have the following meaning:

– Babysitter Any individual who has the status of self-employed or whose application for such status is in the process of being obtained, offering childcare services via the Platform;

– Baby-sitting Childcare: refers to a one-time or regular childcare assignment established between a parent and a Baby-sitter via the Platform.

– Account The space accessible on the site or the application allowing access to all the features offered by KIDLEE;

– Content means any text, graphic, image, music, video or other element that may be posted by a user and accessible by other users;

– Personal Data: means the personal data within the meaning of the European Regulation on the Protection of Personal Data that KIDLEE collects, transmits or processes, allowing to identify or make identifiable any natural person.

– Intellectual Property Rights Intellectual property rights: means all the rights of literary and artistic property (copyright and neighbouring rights), of industrial property (trademark, design and model and patent) provided for in the Intellectual Property Code and international treaties;

– User fees The amount charged by KIDLEE in exchange for the reservation of a childcare service.

– Family User: means any person with a User Account who wishes to benefit from childcare services.

– Platform(s) KIDLEE : designates the platform(s) published by KIDLEE as well as all the Content created, including: the graphic charter, frames, banners, flash and video animations, source code, html code and programming;

– Reservation: means any reservation for childcare services made by a Family via the Platform.

– Services : means the set of functionalities accessible on the site or the application proposed by KIDLEE, as described in particular in these GTC.

– Website means the Company's website https://kidlee.fr and, by extension, any other means of access to the Services (mobile website, mobile applications, etc.).

– User means any user of the KIDLEE Platform.

 

 

ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION

KIDLEE's business is the publishing, development and provision of web and/or mobile platforms for connecting Families and Baby-sitters (hereinafter referred to as the "Platform(s)), allowing the booking of babysitting services by qualified babysitters.

By using the Platform, the Family declares that it accepts without reservation the present GTC. The Family declares and acknowledges, therefore, having read and understood the provisions of these TOS. At any time, if the Family disagrees with any of the clauses of the TOS, it must immediately terminate the use of the Platform and the associated services.

The present TOS are available at any time by clicking on a direct link located at the bottom of each page of the Platform.

The Services offered by KIDLEE are accessible on the website https://kidlee.fr or via the application developed by KIDLEE.

The Platform and its Services are accessible to any User with Internet access. All costs related to accessing the Platform, whether hardware, software or internet access costs, are exclusively at the User's expense.

Access to the Platform or its Services may be limited to a maximum number of accesses and/or a specific duration within a defined time period.

The Company reserves the right to create any features it deems useful.

 

 

ARTICLE 3 : DISCLAIMER

The Company is only a technology provider offering via its Platform Services to connect Families and Baby-sitters. As such, the Company cannot take part in the conclusion of a contract between its Users. Under these conditions, the Company is not party to any agreement concluded between the Users.

The Company acts as a transparent intermediary for the Users. The only role of the transparent intermediary is to list the Baby-sitters on the Platform in order to put the Users in contact.

However, each User must be legally capable (over 18 years old, not incapacitated). The Services can only be used by natural persons, enjoying their full legal capacity to engage under the present, having identity papers in accordance with the French regulations.

 

 

ARTICLE 4: EFFECTIVE DATE - DURATION

These GTC are applicable throughout the duration of navigation and access to the Platform.

KIDLEE reserves the right to amend these TOU at any time. Unless the amendments are due to legal or administrative requirements, the Family will be given reasonable notice before implementing the updated TOU.

Any changes will take effect as of their publication. The Family agrees to be notified of updated T&Cs by posting them on the Platform.

By continuing to use or accessing the Platform after the effective date of the updated TOU, the Family represents that it has read the updates and agrees to all changes made therein. These TOU govern any disputes that may arise before the effective date of the updated TOU.

The latest version of the TOS available online on the Platform shall prevail, if necessary, over any other version of these TOS.

 

 

ARTICLE 5 : CREATION OF A KIDLEE ACCOUNT

To access all the features of the Platform, the Family must create an Account. Browsing the Platform and accessing the information contained therein are subject to registration on the Platform.

When registering, the Family must provide the following information:

- E-mail address;

 - Password.

- Name;

- First name;

- Phone number;

In order to validate their registration, the Family must, at the time of registration, check the boxes " I consent to the processing of my account information " and " I accept without reservation the General Terms of Use of KIDLEE services ".

Once the KIDLEE Account has been validated, the Family will receive a confirmation email. The Family can then access certain features of their Account.

In order to access all the features of the Platform, such as booking a Baby-sitter profile, the Family must provide the information requested on the following pages:

- https://app.kidlee.fr/parent/parametres/infos;

- https://app.kidlee.fr/parent/parametres/disponibilites;

- https://app.kidlee.fr/parent/parametres/profil-recherche;

KIDLEE may request certain information in order to verify the Family's identity. By accepting these Terms and Conditions, the Family agrees to provide all the information requested. Otherwise, the Services will not be accessible.

In the event of non-compliance with the provisions of these T&Cs, KIDLEE reserves the right to modify or terminate access to the Platform at any time, without prior notice and without liability to the Family. In this case, the Content that the Family has published and its information will no longer be accessible. However, this information may be retained and appear on the Platform.

KIDLEE also reserves the right to remove any Content from the Platform, for any reason and without prior notice. However, the deleted Content may be retained by KIDLEE in order to comply with certain legal obligations.

 

 

ARTICLE 6: SERVICES

The creation of a KIDLEE Account allows Families to access certain features available on the Platform. These features allow Families to:

- To consult profiles of Baby-Sitters;

- To book baby-sitting services;

- To note the Baby-Sitters;

- Sponsor future Users;

- ++

Families with a KIDLEE account can post their ads directly online. KIDLEE provides Families with a specific page dedicated to the posting of ads.

Once the KIDLEE Account has been created, the Family has access to its dashboard available on the following page: https://app.kidlee.fr/parent/dashboard. This dashboard allows the Family to consult their profile, access the hours of childcare provided during the month, sponsor other Families, contact a consultant, and download all the necessary documents (invoices, supporting documents, etc.).

All sponsorship terms and conditions are available at https://app.kidlee.fr/parrainage.

 

 

ARTICLE 7 : POSTING OF ADVERTISEMENTS

The creation of a KIDLEE Account allows Families to post Baby-Sitter search ads (hereinafter referred to as " Ads ").

In order to publish an Ad on the Platform, the Family must provide all of the following information:

- general information :

- Name;

- First name;

- Phone number ;

- E-mail address;

- Home address

- Child(ren)'s first name(s);

- Child(ren)'s age;

- Child(ren)'s school year;

- Child(ren)'s Characteristic (Personality);

- availabilities :

- Mission Start Date;

- Desired weekly slots ;

- Ad text;

- profile sought:

- Status (student/retired, etc.);

- Characteristics (personality);

- Free text (additional information);

- Choice of a specific activity for the child (premium activity);

 

 

ARTICLE 8 : MODERATION OF ADS

 

8.1 Distribution of Advertisements

In connection with the dissemination of the Advertisements, the Family agrees to:

- Fill in as much information as possible;

- not to publish and distribute any photo or video whose content is likely to be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;

- not to publish any Content, message or information that is rude, abusive or promotes any activity that is prohibited by law or regulation;

- not to publish any photo or video protected by the legislation on the intellectual property unless you have the rights on it or the necessary consent to its exploitation;

- do not publish any Content containing a corrupted file;

- not to publish any Content that infringes the rights of a third party.

The Family is also prohibited from passing on:

- incorrect or false information,

- any sensitive information of racial or ethnic origin, political, philosophical or religious opinions, trade union membership, sex life or health, contrary to good morals and the law.

The Family also guarantees:

- to be the sole owner of the Content published on the Platform, to be able to proceed to its publication and to have the right to grant a license to distribute the said Content,

- not to use Content that is of a :

- to cause harassment of others or to invite others to engage in harassment,

- to incite hatred, discrimination, racism, fanaticism and physical violence of individuals or groups of individuals,

- depict pornography, pedophilia, or any other objectionable subject matter or contain a link to an adult website,

- represent or advocate illegal activities or conduct that is defamatory, abusive, obscene, threatening or libelous, or that is false or misleading

- to offer an illegal or unauthorized copy of works protected by copyright, patent or trademark,

- to induce, cause or assist in the transmission of unsolicited e-mail, chain letters, mass mailings, instant messages, unwanted advertising messages or unsolicited mail,

- to promote or encourage any criminal activity or enterprise or to give indications or instructions on how to promote illegal activities, invasion of privacy, distribution and creation of computer viruses,

- solicit passwords or personal information from other Families for illegal commercial purposes,

- to involve commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramids without the written consent of KIDLEE ;

- to distribute, reproduce, publish or modify in any way whatsoever the elements protected by copyright, trademarks or any other property right belonging to third parties without their prior consent.

 

8.2 Deleting Advertisements

KIDLEE reserves the right to delete, without prior notice or compensation or right to reimbursement, any Family Ad that does not comply with the rules of dissemination of the KIDLEE Service and / or that may infringe the rights of a third party.

The Family must ensure that all information provided on the Platform remains correct and refrain from creating or using on the Platform, unless authorized, other Accounts under the same identity and / or that of a third party, being reminded that any identity theft is liable to prosecution and criminal penalties, and finally any breach of this commitment may result in the immediate suspension without notice of the Family Account.

 

 

ARTICLE 9: BABYSITTERS' RATING

As part of the provision of childcare services, the Family may be asked to rate the Babysitter. The Family will therefore have the opportunity to submit a comment and select stars in order to evaluate a childcare service provided by a Baby-Sitter.

When the Family submits a comment or reviews a Baby-Sitter, it agrees to do so in good faith. The Family may not, under any circumstances, make comments that contain discriminatory, defamatory or offensive language.

Only the stars will be visible to other Users of the Platform. Comments will not be published on the Application or the Website. They are only intended for the internal services of the Company and, if applicable, for the Baby-Sitters concerned, in order to evaluate the services rendered and to verify the quality of the Services.

The rating system is provided by KIDLEE, in order to collect and disseminate the opinions of identified Users related to childcare services provided by a Baby Sitter. Within the framework of the rating system set up, KIDLEE ensures the conformity of the Content collected in order to publish, reject or delete this Content.

Only a Family that has paid for childcare services will be able to rate the Baby-Sitter who has performed said service.

KIDLEE reserves the right to suspend or terminate the Baby-Sitter's access to the Services, with immediate effect, in the event that the Baby-Sitter obtains a score of 2 or less.

 

 

ARTICLE 10. RATES

Baby-Sittings are carried out at the rates mentioned at https://kidlee.fr/tarifs.

Baby-Sittings will be paid in full within 15 days of the service being provided, by means of an online payment made on the Platform by credit card.

The Family may inform KIDLEE at any time that it wishes to make one or more additional Reservations. In this case, the Company will send the Parent an additional quote within thirty (30) calendar days of the transmission of the expression of need.

KIDLEE reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's Platform are to be paid by the User.

 

 

ARTICLE 11. SIMULATOR

KIDLEE provides a free tool to calculate and evaluate the costs of any childcare service according to many criteria such as :

- type of custody;

- hourly volume;

- the number of children to be cared for and their ages;

- family situation;

- REVENUES;

- e-mail address;

- telephone number ;

This tool is available at https://kidlee.fr/devis-babysitting-gratuit/

This tool is made available free of charge to the Users of the Platform and may be subject to correction or evolution.

It is specified that the prices indicated by this tool are estimates. Consequently, any variation in price between the estimate and the actual cost of custody will not be subject to any claim.

 

 

ARTICLE 12. TERMS OF PAYMENT

In the course of using the Platform, the Family may be required to make online payments directly on the Platform.

KIDLEE is in no way a banking institution and all payment intermediary services, third-party collection services and electronic wallet creation and management services are provided by MangoPay, an approved partner specialized in these services. KIDLEE therefore invites Families to read their general terms and conditions of sale, which are available at here. It is the responsibility of Families to verify the adequacy of the Services to their needs.

The transactions made through them are secured by an SSL encryption process in order to reinforce all the scrambling and encryption processes and to optimize the protection of all the Personal Data linked to this payment method.

The banking information is communicated directly to the secure payment provider. KIDLEE never has access to confidential information related to the means of payment.

 

 

ARTICLE 13. RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the Consumer Code, the Family has a period of 14 days from the day the distance contract is concluded for contracts relating to the provision of a service to exercise its right of withdrawal, in order to obtain reimbursement of the Services ordered, without having to justify or pay penalties, for reimbursement.

To exercise his right of withdrawal, the Family must notify his decision to KIDLEE using the contact form available on the Site under the heading " Contact " or by mail to: [email protected] The Family must notify KIDLEE in particular:

- name, address and, when available, telephone number and e-mail address;

- as well as his decision to withdraw by means of an unambiguous statement expressing his wish to withdraw.

If the right of withdrawal is exercised within the above-mentioned period, only the price of the custody service will be refunded. The Company will proceed with the reimbursement using the same means of payment as the one used for the initial transaction (unless the Family expressly agrees to use another means of payment and insofar as the reimbursement does not incur additional costs).

The refund will be made within 14 days of receipt of the notice of withdrawal.

The right of withdrawal does not apply to contracts for the provision of Services that are fully executed before the end of the withdrawal period and whose execution has begun after the Family has given its prior express consent and expressly waived its right of withdrawal.

 

 

ARTICLE 14. ELECTRONIC SIGNATURE

KIDLEE provides its Users with an interface to generate and formalize the service contract online.

Once the profile has been validated by the Family, an electronic service contract is generated. The Family is then invited to sign it electronically. In return, the Babysitter countersigns it electronically.

Each User guarantees to have the necessary authorizations to use the chosen electronic signature.

The electronic signature results from the use of a reliable identification process through the use of a certificate guaranteeing its link with other electronic data to which it is attached.

All the services related to the implementation of an electronic signature system, in particular the authentication and identity management services for Users, are provided by Docusign, an approved partner specialized in these services. The Company therefore invites Users to read their General Terms and Conditions of Sale available at https://www.docusign.com/company/terms-and-conditions/msa. Consequently, it is up to the Users to verify the adequacy of the Services to their needs.

Furthermore, KIDLEE may request certain information in order to verify the User's identity. By accepting the present Terms of Use, the User agrees to provide all the information requested. Otherwise, the Services will not be accessible.

The signatures made through them are secured by an encryption process in order to reinforce all the scrambling and encryption processes by optimizing the protection of all the personal data linked to the electronic signature.

Users acknowledge that the process of electronically signing an Electronic Document necessarily requires an asynchronous mode of operation involving one User signing before the other. Accordingly, Users expressly agree that the first signature on an Electronic Document to be signed does not constitute a unilateral offer or commitment of intent by the first User to sign the Electronic Document.

When an electronic document must have a signature date, Users agree that this date will be the date mentioned in the said electronic document, by the signatory or signatories. In the absence of a date mentioned in the said electronic document, the Users agree that the date of signature will be the date on which the electronic document was put online by the last signatory, as this date appears from the Platform's computer records.

 

 

ARTICLE 15. RESPONSIBILITY

Families are solely responsible for the use they make of the Platform and the direct or indirect consequences of this use. They are responsible for using the Platform in accordance with the regulations in force and the recommendations of the C.N.I.L.

KIDLEE is also under no obligation to pre-screen, check or modify the information published. KIDLEE shall not be liable for the choices made by the Family. The writing of the Advertisements is the sole responsibility of the Families.

In no event shall KIDLEE, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:

- the use of the Platform or the Services;

- the inability to use the Platform or the Services;

- modification or deletion of Content transmitted via the Services; or

- the present TOS.

In no event will KIDLEE's liability in connection with the Services exceed the value of the sums it has received. The Family agrees that any grievance arising from or relating to the Platform or the Services must be made within one (1) year of the event giving rise to the grievance, failing which the grievance will be permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, some or all of the above limitation may not apply.

Furthermore, KIDLEE will not be held responsible for the non-operation, impossibility of access or malfunctioning of the services of the Family's access provider or of the Internet network. The same shall apply to any other reasons beyond KIDLEE's control. Although KIDLEE makes every effort to avoid malicious use of the Platform, KIDLEE cannot be held responsible for any damage resulting from the transmission of a virus or any other element that could contaminate computer equipment and programs.

During the entire period of registration on the Platform and for a period of one (1) year from the deletion of his or her Account, the Family agrees not to make any offer, directly or indirectly, alone or with others, to a Babysitter for the purpose of offering Babysitting services or taking him or her into his or her service under any status whatsoever.

In the event that the Family does not comply with its commitment, it undertakes to compensate KIDLEE with an indemnity of one thousand (1000) euros.

 

 

ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS

"KIDLEE" is a registered trademark with the INPI.

KIDLEE is the exclusive owner of the intellectual property rights on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as its databases, of which it is the producer.

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis right of databases and image right, and this for the whole world.

In this respect and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use, subject to different or even more restrictive provisions of this code, is authorized.

Any other use constitutes an infringement and is punishable under the Intellectual Property except with prior authorization from KIDLEE.

Any form of total or partial copy, aspiration and reproduction of the database produced and operated by KIDLEE on the Platform is strictly prohibited without its prior written consent.

KIDLEE is not the owner of the Content published on the Platform. By using the Platform, the Family grants KIDLEE a non-exclusive, royalty-free, perpetual, royalty-free, transferable, irrevocable and sub-licensable right to use the Content that the Family posts on the Platform.

Under this license, the Family authorizes KIDLEE to freely use all or part of the published Content, to represent, distribute and reproduce them on the Platform.

KIDLEE remains free to distribute the Families' Content for promotional, advertising and profit purposes, in particular through contests or partnerships. This distribution may be done by any means.

Therefore, the Family states that:

- It is the owner of the Content published on the Platform or through it, or that it is authorized to grant the rights and licenses referred to in these TOU;

- The publication and use of Content on or through the Platform does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, rights of privacy, publicity rights, copyrights, trademarks and other intellectual property rights.

 

 

ARTICLE 17: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

At the time of his or her first connection, the Family expressly consents to the processing of his or her Personal Data within the limits of the processing strictly necessary for the proper functioning of the Platform.

The personal information collected in the context of these Terms of Use is mandatory. This information is necessary for the processing and provision of Services. The lack of information prevents the proper functioning of Services offered online.

The Family acknowledges and agrees that the Personal Data may be transferred or stored outside the country where KIDLEE and/or the Authorized Families are located, for the purpose of performing the Services provided for in these TOU.

For Families located in the European Economic Area ("EEA"), the Family acknowledges and agrees that Personal Data may be transferred or stored outside the EEA for the purpose of performing the Services under this TOU.

KIDLEE will implement all the technical and organizational measures necessary to ensure the protection of Personal Data, both at the design stage of the Service and by default. KIDLEE is committed to limiting the amount of Personal Data processed from the outset.

The Family must ensure that it has the right to transfer the Personal Data concerned so that KIDLEE can legally use, process and transfer them on its behalf in accordance with the TOS.

The Family must ensure that relevant third parties have been informed of, and have consented to, such use, processing and transfer as required by all applicable data protection laws.

KIDLEE collects Personal Data only in accordance with the terms of these TOU and any reasonable legal instructions that the Family may give at any time.

When KIDLEE notices a violation of rights in the processing of Personal Data, this violation will be notified to the CNIL within a period of no more than 72 hours after becoming aware of it.

Any breach relating to the processing of Family Personal Data will be notified to the relevant Family by email within one (1) month.

Each party will take appropriate technical and organizational measures to prevent unauthorized or unlawful processing of Personal Data or its accidental loss, destruction or damage.

 

17.1 Use and transmission of Personal Data

In order to ensure the operation of the Platform KIDLEE must carry out the necessary processing of Personal Data. The processed data are directly transmitted in the following ways and for the following purposes:

- Create an account;

- Creation of Ads ;

- Publication and sharing of Content;

- Statistics of the Platforms' frequentation;

The information of the Personal Data collected for these purposes is mandatory for the confirmation and validation of the KIDLEE Account. Otherwise, the Services cannot be provided.

KIDLEE may also use this data to process the Family's requests as well as to strengthen and personalize its communication, in particular through newsletters/emails, and finally to personalize the Platform according to the preferences noted by the Families. KIDLEE may also provide its partners with consolidated and anonymized statistics relating to the Families, these statistics however not containing any Personal Data.

This data may be transmitted to technical service providers, for the sole purpose of the proper execution of the Services, or to various suppliers such as payment solution providers. The Family agrees that KIDLEE may share information about them in order to facilitate the use of the Platform accessible at https://kidlee.fr.

The Personal Data provided by the Family will be destroyed no later than six (6) months after the deletion of the Account. KIDLEE reserves the right to retain certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary.

 

17.2 Rights of access, modification, opposition, portability and deletion

In all cases, the Family has the right to access, modify, oppose, portability and delete Personal Data concerning him/her by writing to the following address: [email protected] indicating his/her name, first name, e-mail and address.

In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the Family and specify the address to which the reply should be sent. A reply will be sent within 2 months of receipt of the request.

The Family will be able to retrieve their Personal Data in an open and readable format. The right to portability is limited to the data provided by the Family concerned. It applies on the basis of the Family's prior consent. KIDLEE undertakes to transfer, upon request, within one (1) month, any document of collection of Personal Data to the Families in order to implement the right to portability. The costs associated with the recovery of the data are borne by the Family making the request.

The personal data provided by the Family will be destroyed no later than six (6) months after the deletion of the Account. KIDLEE reserves the right to retain certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary.

 

17.3 KIDLEE Newsletters

Depending on the choices made by the Family, it may receive the KIDLEE newsletter.

By expressly agreeing to this, the Family agrees that KIDLEE may send them a newsletter that may contain information about new activities offered by KIDLEE's partners. Families will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

 

17.4 Use of cookies

In accordance with the deliberation of the CNIL No. 2013-378 of December 5, 2013. KIDLEE informs, Families moreover, that cookies record certain information that is stored in the memory of their hard drives. This information is used to generate audience statistics for the Platform and to offer Services according to the Services that Families have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Platform, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Family.

The Family visiting the home page or another page of the Platform directly from a search engine will be informed:

- the specific purposes of the cookies used;

- the possibility to oppose these cookies and to change the settings by clicking on a link in the banner;

- of the fact that the continuation of its navigation is worth agreement to the deposit of cookies on its terminal.

In order to guarantee the free, informed and unequivocal consent of the Families visiting the Platform, the banner will not disappear until they have continued their navigation.

Unless prior consent is obtained, the deposit and reading of cookies will not be carried out:

If the Family goes to the Platform (home page or directly to another page of the Site from a search engine for example) and does not continue its navigation: a simple absence of action cannot be considered as a manifestation of will;

Or if he clicks on the link present in the banner allowing him to set the parameters of the cookies and, if necessary, to refuse the deposit of cookies.

 

 

ARTICLE 18. TECHNICAL PROVISIONS

The Services are provided as is and to the extent available. KIDLEE does not guarantee an error-free, uninterrupted and secure provision of the Services offered via the Platform. KIDLEE is not bound by any obligation to provide personalized assistance, particularly technical assistance. KIDLEE disclaims any express or implied warranty, in particular regarding the quality and compatibility of the Platform for the use that Families will make of it. KIDLEE does not guarantee any result or benefit from the use of the Services offered through the Platform. Nor does KIDLEE guarantee that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

 

 

ARTICLE 19: SECURITY

 

19.1 General

The Family agrees to take all reasonable precautions to maintain the confidentiality of its login and password to access the Platform. In this regard, the Family undertakes in particular to:

- Do not write down your login or password, even in coded form;

- Always use your login and password away from prying eyes and ears;

- Be careful not to make up your identifiers in front of others;

It is also strongly recommended that the Family change, at regular intervals, the password required for access to the Platform, by accessing their Account, tab "my account", "my password", then "edit".

When changing a password, the Family must ensure that the password does not consist of easily identifiable combinations such as the Family's last name, first name, date of birth, or those of a close relative (spouse, child, etc.), a password used for other purposes (such as personal email, etc.).

In particular, the Family must ensure that it chooses a password that is sufficiently long and consists of a combination of letters, numbers, and both upper and lower case characters whenever possible.

KIDLEE may, at its discretion, impose an expiry date on the Family's password after which it will not be able to access the Platform and the Services without first changing its password.

The Family also agrees not to store on their computer, smartphone and/or digital tablet, their credentials, nor to send them via unsecured transmission channels such as email, sms.

The Family is further responsible for deleting information stored on their computer, smartphone and/or digital tablet after using the Payment Services, including deleting cookies and history or deleting data stored in the cache.

The Internet is an open international telecommunications network that the Family can access through a computer, smartphone or digital tablet. In order to access the Platform and Services, the Family must comply with the technical requirements (regarding hardware and software) as described in these TOU.

The Family is responsible for taking all necessary steps to ensure that the technical characteristics of their computer, smartphone, or digital tablet, as well as their software and internet subscription, allow them to access the Platform safely.

The Family is entirely responsible for the proper functioning of their computer equipment, as well as their internet connection. As such, the Family must ensure that this equipment is free of problems or viruses and has sufficient security to prevent the risk of a third party gaining access to their Account and the data contained therein.

The Family must make every effort to maintain this security. To do this, the Family must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting the computer systems of KIDLEE. In particular, the Family must ensure the security of their computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.

The Family assumes the technical risks associated with a power failure, interruption of connections, malfunction or overload of networks or systems.

The Family acknowledges that it must use the internet service provider of its choice to access the internet, the Platform and the Services. In this context, the Family acknowledges that it is their responsibility to choose their internet service provider and to determine the terms of their relationship with them.

KIDLEE shall not be liable for any risks relating to Internet access and risks relating to the transmission of data remotely by the Family or to the Family, in particular in the event of a dispute between the Family and the Internet service provider, in relation to the confidentiality/personal nature of the data transmitted, the cost of transmission, maintenance and interruptions of telephone lines and the Internet network

The Family is responsible for using the Services in accordance with the technical requirements in accordance with the safety instructions given by KIDLEE.

Under normal conditions, the Services are accessible through the Platform.

The Family must connect to the Platform for a limited period of time and agrees to disconnect as soon as they have finished using the Services. The disconnection to the Platform is not automatic, once connected, the Family remains connected to the Platform until he/she disconnects by clicking on the disconnection indication on the Site.

KIDLEE reserves the right to:

- Delete or remove any Content or information that KIDLEE deems inappropriate;

- Without prejudice to the legal actions initiated by third parties, to exercise personally any legal action to repair the damages that KIDLEE would have personally suffered due to the failures attributable to the Families under these GTU.

- To warn, if necessary, the competent authorities, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities, in accordance with the legislation in force.

 

19.2 Modification and Termination of Services

The Family may unsubscribe from the Platform at any time by sending a request to that effect to KIDLEE, exclusively by electronic means. KIDLEE will then send the Family, by electronic means, confirmation of the Family's unsubscription from the Services, with the unsubscription taking effect on the date of this confirmation by KIDLEE.

KIDLEE reserves the right to modify or discontinue all or part of the Services at any time, at its own discretion. The Family will be informed of such modifications and/or discontinuation by any useful means within fifteen (15) days.

In the event of non-compliance by the Family with these TOU, KIDLEE reserves the right to suspend or terminate the Family's access to the Services, with immediate effect, in the event that the Family fails to comply with any provision of these TOU, or if the Family accesses the Services in violation of any law, rule or regulation applicable to KIDLEE. Termination shall take effect automatically on the date of its notification by KIDLEE to the Family by post (letter) or electronically (email). Termination will automatically and without prior notice lead to the deletion of the Family's Account.

Termination of the Services, for whatever reason, will result in the deletion of the Family's Account, and the Family will no longer have access to their Account.

 

 

ARTICLE 20: FORCE MAJEURE

Any event beyond the control of KIDLEE and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the parties, such as, but not limited to, a strike or technical failure (edf, erdf, telecommunications operators, internet access or hosting providers, registrars, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which KIDLEE depends and/or networks that would replace it.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which KIDLEE depends and/or of the networks that would replace it.

KIDLEE shall not be held responsible, or considered to have failed in its obligations under these GTUs, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand

Unless otherwise specified in these GTUs, the correspondence between Families and KIDLEE is carried out by e-mail via the Platform. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the parties declare that the information delivered by e-mail is authentic between the parties as long as no contradictory written document authenticated and signed, calling into question this computerized information, is produced. The elements such as the time of reception or transmission, as well as the quality of the data received, will be deemed authentic by priority as they appear on KIDLEE's information systems, or as they are authenticated by KIDLEE's computerized procedures, unless the Families can provide written proof to the contrary.

 

 

ARTICLE 21: COMPLETENESS

The provisions of these GTU express the entire agreement between the Families, Professionals and KIDLEE. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present, as well as over any other provision contained in the documents exchanged between the parties and relating to the subject of the GCU, except in the case of an amendment duly signed by the representatives of both parties.

 

 

ARTICLE 22: NON-WAIVER

The failure of any party to this TOU to enforce any provision, whether permanently or temporarily, shall not be deemed a waiver of that party's rights under such provision.

 

 

ARTICLE 23: INVALIDITY

If one or more provisions of these GTU are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these GTU will retain all their force and scope. If necessary, KIDLEE undertakes to immediately remove and replace the said clause with a legally valid clause.

 

 

ARTICLE 24: TITLE

In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed not to be written.

 

 

ARTICLE 25: JURISDICTION - APPLICABLE LAW

These TOU are governed by and construed in accordance with French law, without regard to principles of conflict of laws.

In the event of a dispute arising from the interpretation and/or performance of these Terms of Use or in connection with these Terms of Use, the Parties agree to make every effort to resolve amicably any disputes to which these Terms of Use may give rise.

Thus, in the event of a dispute between a Family and KIDLEE, the parties agree to negotiate in good faith to settle the dispute. If the Parties fail to settle the dispute after at least 30 working days of negotiation, the dispute will be settled before the courts of the city of Paris, which has exclusive jurisdiction.

 

GENERAL TERMS OF USE BABY-SITTER OF THE PLATFORM "KIDLEE

 

"KIDLEE" is a trademark registered at the INPI under the number 4468086

 

KIDLEE is a simplified joint stock company with a capital of 6,000 euros, whose registered office is located at 20bis rue Louis Philippe, 92200 Neuilly-sur-Seine, registered in the Neuilly-sur-Seine Trade and Companies Register under number 841 147 697 (hereinafter referred to as "KIDLEE" or the "Company").

The present General Terms of Use (hereinafter referred to as the " CGU "These TOS define the legal framework for the use of the Company's website and the application designed and operated by the Company. These TOS also contain information about the rights of users and the restrictions imposed on these rights by laws or regulations.It is possible to contact KIDLEE by e-mail at the address [email protected] and by phone at 01 84 80 18 80

ARTICLE 1 : DEFINITIONS

In these Terms and Conditions of Use, words or phrases beginning with a capital letter shall have the following meaning:
- Baby-sitter: means any individual with the status of self-employed or whose application for this status is in the process of being obtained, offering childcare services via the Platform;
- Baby-sitting: refers to a one-time or regular childcare assignment established between a parent and a Baby-sitter via the Platform.
- Account: refers to the space accessible on the site or the application allowing access to all the features offered by KIDLEE;
- Content: means any text, graphic, image, music, video or other element that may be posted by a User and accessible by other Users;
- Personal Data: refers to personal data within the meaning of the European Regulation on the Protection of Personal Data that KIDLEE collects, transmits or processes, making it possible to identify or make identifiable any natural person.
- Intellectual Property Rights: means all the rights of literary and artistic property (copyright and neighbouring rights), industrial property (trademark, design and patent) provided for in the Intellectual Property Code and international treaties;
- User fees: refers to the amounts charged by KIDLEE in return for the reservation of a childcare service.
- Family: means any person with a User Account who wishes to benefit from childcare services.
- Platform(s): refers to the platform(s) published by KIDLEE as well as all the Content created including: the graphic design, frames, banners, flash and video animations, source code, html code and programming;
- Reservation: refers to any reservation of childcare services made by a Family via the Platform.

- Services: shall mean all the functionalities accessible on the website or the application proposed by KIDLEE, as described in particular in these GTC.
- Site: refers to the Internet Site https://kidlee.fr of the Company and, by extension, any other means of access to the Services (mobile website, mobile applications, etc.).
- User: means any user of the KIDLEE Platform.

 

ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION

KIDLEE's business is the publishing, development and provision of web and/or mobile platforms to connect families and babysitters and to book all childcare services via the Platform.
By using the Platform, the Babysitter declares that he/she accepts without reservation the present Terms and Conditions. The Babysitter therefore declares and acknowledges having read and understood the provisions of these GTC. At any time, if the Babysitter disagrees with any of the clauses of the GTCU, he/she must immediately terminate the use of the Platform and the associated services.
The present TOS are available at any time by clicking on a direct link located at the bottom of each page of the Platform.
The Services offered by KIDLEE are accessible on the Website https://kidlee.fr or via the Application.
The Platform and its Services are accessible to any User with Internet access. All costs related to accessing the Platform, whether hardware, software or internet access costs, are exclusively at the User's expense.
Access to the Platform or its Services may be limited to a maximum number of accesses and/or a specific duration within a defined period of time. The Company reserves the right to create any features it deems useful.

 

ARTICLE 3 : DISCLAIMER

The Company is only a technological service provider offering via its Platform Services for connecting Families and Baby-sitters. As such, the Company cannot take part in the conclusion of a contract between its Users. Under these conditions, the Company is not party to any agreement concluded between the Users.
The Company acts as a transparent intermediary for the Users. The only role of the transparent intermediary is to list the Baby-sitters on the Platform in order to put the Users in contact.
However, each User must be legally capable (over 18 years of age, not under disability). The Services can only be used by natural persons,
enjoying full legal capacity to enter into the present contract, and having identity papers that comply with French regulations.

 

ARTICLE 4: EFFECTIVE DATE - DURATION

These GTC are applicable throughout the duration of navigation and access to the Platform.
KIDLEE reserves the right to modify these TOU at any time. Unless the amendments are due to legal or administrative obligations, the Babysitter will be given reasonable notice before the implementation of the updated TOU.
Any modification will take effect as of their publication. The Babysitter agrees to be notified of updated T&Cs by publishing them on the Platform.
By continuing to use the Platform or by accessing it after the effective date of the updated TOU, the Babysitter declares that he/she has read the updates and accepts all the changes made to them. The present GTUs govern any conflicts that may arise before the effective date of the updated GTUs.
The latest version of the TOS available online on the Platform shall prevail, if necessary, over any other version of these TOS.

ARTICLE 5 : CREATION OF A KIDLEE ACCOUNT

To access all the features of the Platform, the Baby-Sitter must create an Account. Browsing the Platform and accessing the information contained therein are subject to registration on the Platform.
When registering, the Baby Sitter must provide the following information:
- Full name;
- Phone number;
- E-mail address;
- Password.
In order to validate his registration, the Babysitter must check the boxes "I agree to the processing of my account data" and "I accept without reservation the General Terms and Conditions of Use of KIDLEE services".
Once this information has been filled in, the babysitter will receive an email confirming his or her pre-registration.
To validate his registration and to be referenced on the Platform, the Baby-Sitter must send the following documents:
- Curriculum Vitae ;
- Cover letter;
- Original and copy of the diploma for young children / BAFA (if the babysitter is qualified) ;
- Extract from the criminal record;
- SIRET number within two (2) months following the validation of its registration;
Once these documents have been transmitted via the Platform, they will be verified by the KIDLEE educational manager. After verification of these documents, the Babysitter will be invited, by email, SMS or phone call, to participate in an interview with the KIDLEE educational manager.
Once the interview is over, the KIDLEE educational manager will send a report on the Baby-Sitter's abilities and the reality of the information provided at the time of registration.
If the interview is successful, the Babysitter will be definitively registered on the Platform and will then be referenced. Baby-Sitters who do not have a self-employed status should contact KIDLEE at the following address: [email protected] KIDLEE offers to assist Baby-Sitters in the creation of their self-employed status.
If the interview is unsuccessful, the Babysitter's Account will be deleted and will not be referenced on the Platform.
KIDLEE may request certain information in order to attest to the reality of the Baby-sitter's identity. By accepting these Terms and Conditions, the Babysitter agrees to provide all the information requested. Otherwise, the Services will not be accessible.
In case of breach of the provisions of these T&Cs, KIDLEE reserves the right to modify or terminate access to the Platform at any time, without prior notice and without liability to the Babysitter. In this case, the content that the Babysitter has published and its information will no longer be accessible. This information may however be retained and appear on the Platform.
KIDLEE also reserves the right to remove any Content from the Platform, for any reason and without prior notice. Content deleted from the Platform may be retained by KIDLEE, including, but not limited to, to comply with certain legal obligations.

ARTICLE 6: SERVICES

The creation of a KIDLEE Account allows Baby-Sitters to access certain features available on the Platform. These features allow Baby-Sitters to:
- To apply to Family ads;
- To consult Family profiles;
- Sponsor future Users;
Once the KIDLEE account has been created, the Baby-Sitter has access to his/her dashboard available on the following page: https://kidlee.fr/mentor/dashboard. This dashboard allows the Baby-Sitter to
consult their profile, access the hours of childcare provided during the month, sponsor a child and contact an advisor.
All sponsorship terms and conditions are available at https://app.kidlee.fr/parrainage.

ARTICLE 7: MODERATION

In communicating with Families and in performing Baby-Sitting, the Babysitter agrees to:
- not to publish and distribute any photo or video whose content is likely to be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;
- not to publish any Content, message or information that is rude, abusive or promotes any activity that is prohibited by law or regulation;
- not to publish any photo or video protected by the legislation on the intellectual property unless you have the rights on it or the necessary consent to its exploitation;
- do not publish any Content containing a corrupted file;
- not to publish any Content that infringes the rights of a third party.
The Babysitter also refrains from transmitting:
- incorrect or false information,
- any sensitive information of racial or ethnic origin, political, philosophical or religious opinions, trade union membership, sex life or health, contrary to good morals and the law.
The Babysitter also guarantees:
- be the sole owner of the Content published on the Platform, be able to publish it and be entitled to grant a broadcasting license,
- not to use Content that is of a :
- to cause harassment of others or to invite others to engage in harassment,
- to incite hatred, discrimination, racism, fanaticism and physical violence of individuals or groups of individuals,
- depict pornography, pedophilia, or any other objectionable subject matter or contain a link to an adult website,
- represent or advocate illegal activities or conduct that is defamatory, abusive, obscene, threatening or libelous, or that is false or misleading
- to offer an illegal or unauthorized copy of works protected by copyright, patent or trademark,
- to induce, cause or assist in the transmission of unsolicited e-mail, chain letters, mass mailings, instant messages, unwanted advertising messages or unsolicited mail,
- to promote or encourage any criminal activity or enterprise or to give indications or instructions on how to promote illegal activities, invasion of privacy, distribution and creation of computer viruses,
- solicit passwords or personal information from other Users for illegal commercial purposes,
- to involve commercial activities and/or sales such as contests, sweepstakes, exchanges, advertisements and pyramids without the written consent of KIDLEE ;
- to distribute, reproduce, publish or modify in any way whatsoever the elements protected by copyright, trademarks or any other property right belonging to third parties without their prior consent.

 

ARTICLE 8. RATING OF BABYSITTERS

As part of the childcare services provided, the Family may be asked to rate the Baby-Sitter. The Family will therefore have the opportunity, each month or at the end of the year, to submit a comment and select stars in order to evaluate a childcare service provided by a Baby-Sitter.
The Rating System is provided by KIDLEE, in order to collect and disseminate the opinions of identified Users related to childcare services provided by a Baby Sitter. Within the framework of the rating system set up, KIDLEE ensures the conformity of the Content collected in order to publish, reject or delete this Content.
Only a Family that has paid for childcare services will be able to rate the Baby-Sitter who has performed said service.
KIDLEE reserves the right to suspend or terminate the Baby-Sitter's access to the Services, with immediate effect, in the event that the Baby-Sitter obtains a score of less than or equal to (2).

ARTICLE 9. SIMULATOR

KIDLEE provides a free tool to calculate and evaluate the costs of any childcare service according to many criteria such as :
- type of custody;
- hourly volume;
- legal status;
- level of training;
- years of experience;
- certification;
- assets; This tool is available at https://kidlee.fr/devis This tool is made available free of charge to the Users of the Platform and may be subject to correction or evolution.
It is specified that the prices indicated by this tool are estimates. Consequently, any variation in price between the estimate and the actual cost of custody will not be subject to any claim.

ARTICLE 10. TERMS OF PAYMENT

When using the Platform, the Baby-Sitting services will be paid directly into the Baby-Sitter's bank account. For this reason, the Baby-Sitters agree to transmit their bank account details.
KIDLEE is in no way a banking institution and all the services of payment intermediary, collection on behalf of third parties and creation and management of electronic wallets are provided by the company Stripe, an approved partner specialized in these services. KIDLEE therefore invites the Baby-sitters to read their general terms and conditions of sale available at the following address www.Stripe.com/fr/legal  as well as https://www.mangopay.com/fr/mentions-legales/. It is up to the Baby-sitters to verify the adequacy of the Services to their needs.
The transactions made through them are secured by an SSL encryption process in order to reinforce all the scrambling and encryption processes and to optimize the protection of all the Personal Data linked to this payment method.
The banking information is communicated directly to the secure payment provider. KIDLEE never has access to confidential information related to the means of payment.
In this regard, the Babysitter agrees to provide KIDLEE with his or her date of birth, address, and an up-to-date bank account statement (RIB).

Commissions

The amounts paid by the Families are transferred to the Stripe account of KIDLEE. - The commissions deducted from the price of the Service amount to 25% of the price of the Service, all taxes included, in the case of a qualified Baby-Sitter profile. A Baby-Sitter profile is considered qualified when the Baby-Sitter has the "Brevet d'Aptitude aux Fonctions d'Animateur" (BAFA) and/or any diploma or certification of first aid gestures and/or has benefited from free training provided by KIDLEE. - The commissions deducted from the price of the service amount to 20% of the price of the Service excluding taxes in the case of an expert Baby-Sitter profile. A Baby-Sitter profile is considered to be an expert when the Baby-Sitter has a diploma of Aptitude for the Functions of Animator (BAFA) and/or any diploma or certification of first aid gestures and/or has benefited from free training provided by KIDLEE, as well as an expertise in a field of activity (language, music, etc).
Issuance of Invoices
The Baby-Sitter gives KIDLEE the mandate to issue all the invoices to the Families in his name and on his behalf. This invoice is issued at the end of each month, taking into account
This invoice takes into account the hours worked by the Baby-Sitters. This invoice does not take into account the commission paid to KIDLEE.
When issuing invoices, KIDLEE undertakes to send Baby-Sitters an invoice including the KIDLEE commission for the proper management of its accounts.

 

ARTICLE 11. ELECTRONIC SIGNATURE

KIDLEE provides its Users with an interface to generate and formalize the service contract online.
Once the profile has been validated by the Family, an electronic service contract is generated. The Family is then invited to sign it electronically. In return, the Babysitter countersigns it electronically.
Each User guarantees to have the necessary authorizations to use the chosen electronic signature.
The electronic signature results from the use of a reliable identification process through the use of a certificate guaranteeing its link with other electronic data to which it is attached.
All the services related to the implementation of an electronic signature system, in particular the authentication and identity management services for Users, are provided by Docusign, an approved partner specialized in these services. The Company therefore invites Users to read their General Terms and Conditions of Sale available at https://www.docusign.com/company/terms-and-conditions/msa. Consequently, it is up to the Users to verify the adequacy of the Services to their needs.
Furthermore, KIDLEE may request certain information in order to verify the User's identity. By accepting the present Terms of Use, the User agrees to provide all the information requested. Otherwise, the Services will not be accessible.
The signatures made through them are secured by an encryption process in order to reinforce all the scrambling and encryption processes by optimizing the protection of all the personal data linked to the electronic signature.
Users acknowledge that the process of electronically signing an Electronic Document necessarily requires an asynchronous mode of operation involving one User signing before the other. Accordingly, Users expressly agree that the first signature on an Electronic Document to be signed does not constitute a unilateral offer or commitment of intent by the first User to sign the Electronic Document.
When an electronic document must have a signature date, the Users agree that this date will be the date mentioned in the said electronic document, by the signatory or signatories. In the absence of a date mentioned in the said electronic document, the Users agree that the date of signature will be the date on which the electronic document is put online,
by its last signatory, as this date appears from the Platform's computer records.

 

ARTICLE 12. RESPONSIBILITY

Baby-Sitters are solely responsible for the use they make of the Platform and the direct or indirect consequences of this use. They are responsible for using the Platform in accordance with the regulations in force and the recommendations of the C.N.I.L.
KIDLEE is also under no obligation to pre-screen, check or modify the information published. KIDLEE shall not be liable for the choices made by Users. The writing of the Advertisements is the sole responsibility of the Baby-sitters.
In no event shall KIDLEE, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to: - the use of the Platform or the Services; - the inability to use the Platform or the Services; - the modification or deletion of Content transmitted via the Services; or - these TOU. In no event shall KIDLEE's liability in connection with the Services exceed the value of the amounts it has received. The Babysitter agrees that any grievance arising from or relating to the Platform or the Services must be made within one (1) year from the date of the event giving rise to the grievance, under penalty of definitive foreclosure of said grievance. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, some or all of the above limitation may not apply.
Furthermore, KIDLEE shall not be held responsible for the non-operation, impossibility of access or malfunctioning of the services of the Baby-sitters' access provider or of the Internet network. The same shall apply for any other reasons outside KIDLEE. Indeed, although KIDLEE does everything possible to avoid malicious use of the Platform, KIDLEE cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate computer equipment and programs.
Throughout the period of registration on the Platform and for a period of one (1) year from the deletion of their Account, the Babysitter undertakes not to make any offer, directly or indirectly, alone or with others, to a Family for the purpose of offering them Babysitting services outside the Platform.
In the event that the Baby-Sitter does not respect his or her commitment, he or she agrees to compensate KIDLEE by paying an indemnity of one thousand (1000) euros.

 

ARTICLE 13. INTELLECTUAL PROPERTY RIGHTS

"KIDLEE" is a registered trademark with the INPI.
KIDLEE is the exclusive owner of the intellectual property rights on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Platform as well as its databases, of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, sui generis right of databases and image right, and this for the whole world.
In this respect and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform for private use, subject to different or even more restrictive provisions of this code, is authorized.
Any other use constitutes an infringement and is punishable under the Intellectual Property except with prior authorization from KIDLEE.
Any form of total or partial copy, aspiration and reproduction of the database produced and operated by KIDLEE on the Platform is strictly prohibited without its prior written consent.
KIDLEE is not the owner of the Content published on the Platform. By using the Platform, the Babysitter grants KIDLEE a non-exclusive, royalty-free, perpetual, royalty-free, transferable, irrevocable and sub-licensable right to use the Content that the Babysitter posts on the Platform.
Under this license, the Babysitter authorizes KIDLEE to freely use all or part of the published Content, to represent, distribute and reproduce it on the Platform.
KIDLEE remains free to distribute the Content of the Baby-sitters in a promotional, advertising and lucrative framework, notably through contests or partnerships. This distribution can be done by any means.
Therefore, The Babysitter states that:
- It is the owner of the Content published on the Platform or through it, or that it is authorized to grant the rights and licenses referred to in these TOS;
- The publication and use of the Content on or through the Platform does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, rights of privacy, publicity rights, copyrights, trademarks and other intellectual property rights; and
- He agrees to pay all royalties, fees and other sums due in connection with the Content published on the Platform or through it.

 

ARTICLE 14: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

When connecting for the first time, the Baby-sitter expressly consents to the processing of his/her Personal Data within the limits of the processing strictly necessary for the proper functioning of the Platform.
The personal information collected in the context of these Terms of Use is mandatory. This information is necessary for the processing and provision of the Services. The lack of information prevents the proper functioning of the Services offered online.
The Babysitter acknowledges and agrees that the Personal Data may be transferred or stored outside the country where KIDLEE and/or the authorized Babysitter is located, for the purpose of performing the Services provided for in these TOU. In the case of Baby-sitters located in the European Economic Area ("EEA"), the Baby-sitter acknowledges and agrees that the Personal Data may be transferred or stored outside of the EEA, for the purpose of performing the services provided for in these TOU. KIDLEE will implement all the technical and organizational measures necessary to respect the protection of the Personal Data, both from the design of the Service and by default. KIDLEE undertakes to limit the amount of Personal Data processed from the outset. The Babysitter must ensure that it has the right to transfer the Personal Data concerned so that KIDLEE can legally use, process and transfer them on its behalf in accordance with the TOS. The Babysitter shall ensure that the relevant third parties have been informed of such use, processing and transfer, and that they have consented thereto, as required by all applicable data protection legislation. KIDLEE collects Personal Data only in accordance with the terms of these TOU and any reasonable and legal instructions that the Babysitter shall give at any time. When KIDLEE becomes aware of a violation of rights in relation to the processing of Personal Data, such violation will be notified to the CNIL within a period not exceeding 72 hours after becoming aware of it. Any violation relating to the processing of the Baby-sitter's Personal Data will be notified to the Baby-sitter concerned by e-mail, within one (1) month. Each party will take appropriate technical and organizational measures to prevent unauthorized or illegal processing of Personal Data or its accidental loss, destruction or damage.

14.1 Use and transmission of Personal Data

In order to ensure the operation of the Platform KIDLEE must carry out the necessary processing of Personal Data. The processed data are directly transmitted in the following ways and for the following purposes:
- Create an account;
- Creation of Ads ;
- Publication and sharing of Content;
- Statistics of the Platforms' frequentation;
The information of the Personal Data collected for these purposes is mandatory for the confirmation and validation of the KIDLEE Account. Otherwise, the Services cannot be provided.
KIDLEE may also use this data to process the Baby-sitter's requests as well as to reinforce and personalize its communication, in particular through newsletters/emails, and finally to personalize the Platform according to the Baby-sitters' preferences. KIDLEE may also provide its partners with consolidated and anonymized statistics relating to Baby-sitters, these statistics not containing any Personal Data.
These data may be transmitted to technical service providers, for the sole purpose of the proper execution of the Services, or to various suppliers such as payment solution providers. The Babysitter agrees that KIDLEE may share information about him/her in order to facilitate the use of the Platform accessible at the following address https://kidlee.fr.
The Personal Data communicated by the Baby-sitter will be destroyed at the latest six months after the deletion of the Account. KIDLEE reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus kept will be limited to what is strictly necessary.

14.2 Rights of access, modification, opposition, portability and deletion

In all cases, the Baby-sitter has the right to access, modify, oppose, portability and delete his or her Personal Data by writing to the following address: [email protected] indicating his or her name, first name, e-mail and address.
In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the babysitter and specify the address to which the reply must be sent. A reply will be sent within 2 months of receipt of the request.
The Baby-sitter will be able to retrieve his or her Personal Data in an open and readable format. The right to portability is limited to the data provided by the Baby-sitter concerned. It applies on the basis of the Baby-sitter's prior consent. KIDLEE undertakes to transfer, upon request, within one (1) month, any document collecting the Personal Data to the Baby-sitter in order to implement the right to portability. The costs related to the recovery of the data are at the expense of the Baby-sitter making the request.

14.3 KIDLEE Newsletters

Depending on the choices made by the baby-sitter, he or she may receive the KIDLEE newsletter.
By expressly agreeing to this, the baby-sitter accepts that KIDLEE may send him/her a newsletter that may contain information about
new activities proposed by KIDLEE's partners. Baby-sitters will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

14.4 Use of cookies

In accordance with the CNIL deliberation n° 2013-378 of December 5, 2013. KIDLEE informs Baby-sitters that cookies record certain information that is stored in the memory of their hard drives. This information is used to generate audience statistics for the Platform and to offer Services according to the Services that Baby-sitters have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Platform, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Baby-sitter.
The Baby-sitter visiting the homepage or another page of the Platform directly from a search engine will be informed:
- the specific purposes of the cookies used;
- the possibility to oppose these cookies and to change the settings by clicking on a link in the banner;
- of the fact that the continuation of its navigation is worth agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Baby-sitter visiting the Platform, the banner will not disappear until he/she has continued his/her navigation.
Unless prior consent is obtained, the deposit and reading of cookies will not be carried out:
If the Baby-sitter goes to the Platform (home page or directly to another page of the Site from a search engine for example) and does not continue his navigation: a simple absence of action cannot be considered as a manifestation of will;
Or if he clicks on the link present in the banner allowing him to set the parameters of the cookies and, if necessary, to refuse the deposit of cookies.

ARTICLE 15. TECHNICAL PROVISIONS

The Services are provided as is and to the extent available. KIDLEE does not guarantee an error-free, uninterrupted and secure provision of the Services offered via the Platform. KIDLEE is not bound by any obligation to provide personalized assistance, particularly technical assistance. KIDLEE disclaims any express or implied warranty, in particular regarding the quality and compatibility of the Platform for the use that the Baby-sitters will make of it. KIDLEE does not guarantee any result or benefit from the use of the Services offered through the Platform.
KIDLEE does not guarantee that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

 

ARTICLE 16: SECURITY

16.1 General

The Babysitter agrees to take all reasonable precautions to preserve the confidentiality of his/her login and password allowing access to the Platform. In this regard, the Baby-sitter agrees to :

- Do not write down your login or password, even in coded form;

- Always use your login and password away from prying eyes and ears;

- Be careful not to write down his/her identifiers in front of third parties; It is also strongly recommended that the Babysitter change, at regular intervals, the password required for access to the Platform, by accessing his/her account, tab "my account", "my password", then "edit". When changing his/her password, the Baby-sitter must ensure that the password does not consist of easily identifiable combinations such as his/her last name, first name, date of birth, or those of a close relative (spouse, child, etc.), or a password used for other purposes (in particular for a personal messaging system, etc.). The Babysitter must make sure to choose a password that is long enough and composed, whenever possible, of a combination of letters, numbers, and upper and lower case characters. KIDLEE may, at its discretion, impose an expiration date on the Baby-sitter's password after which he/she will not be able to access the Platform and the Services without first changing his/her password. The Babysitter also agrees not to store his or her login information on his or her computer, smartphone and/or digital tablet, nor to send it via non-secure transmission channels such as email or SMS. The Babysitter is also responsible for deleting the information stored on his/her computer, smartphone and/or digital tablet after using the payment services, in particular deleting cookies and history or deleting data stored in the cache memory. The Internet is an open international telecommunication network to which the Babysitter may have access through a computer, smartphone or digital tablet. In order to access the Platform and the Services, the Babysitter must comply with the technical requirements (regarding equipment and software) as described in these TOU. The Babysitter is required to take all necessary measures to ensure that the technical characteristics of his or her computer, smartphone, or digital tablet, as well as their software and internet subscription, allow him or her to access the Platform safely. The Babysitter is entirely responsible for the proper functioning of his/her computer equipment, as well as his/her Internet connection. In this respect, the Baby-sitter must ensure that this equipment is free of problems or viruses and has sufficient security to prevent the risk of a third party obtaining access to his or her Account and the data contained in this space. The Baby-sitter must do everything possible to preserve this security. To do so, the Baby-sitter must ensure in particular that there is no risk that hostile programs or viruses access and disrupt KIDLEE's computer systems. In particular, the Babysitter must ensure the security of his or her computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall. The Baby-sitter assumes the technical risks related to a power cut, a connection interruption, a malfunction or an overload of the networks or systems. The Babysitter acknowledges that he/she must contact the Internet service provider of his/her choice to access the Internet, the Platform and the Services. In this context, the Babysitter acknowledges that it is up to him/her to choose his/her Internet service provider and to determine the terms of his/her relationship with it. KIDLEE shall not be responsible for the risks related to the Internet access and the risks related to the transmission of remote data by the Babysitter or to the Babysitter, in particular in case of conflict between the Babysitter and the Internet access provider, in relation to the confidentiality/personal nature of the transmitted data, the cost of transmission, maintenance and interruptions of the telephone lines and the Internet network. The Babysitter is responsible for using the Services in accordance with the technical requirements and in compliance with the security instructions given by KIDLEE. Under normal conditions, the Services are accessible through the Platform. The Babysitter must connect to the Platform for a limited period of time and undertakes to disconnect as soon as he/she has finished using the Services. The disconnection from the Platform is not automatic, once connected, the Babysitter remains connected until he/she disconnects by clicking on the disconnection indication on the Site.

KIDLEE reserves the right to:

- Delete or remove any Content or information that KIDLEE deems inappropriate;

- Without prejudice to legal actions initiated by third parties, to take any legal action to repair the damages that KIDLEE would have personally suffered because of the failures attributable to the Baby-sitter under these Terms of Use.
- To warn, if necessary, the competent authorities, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities, in accordance with the legislation in force.

16.2 Modification and Termination of Services

The Babysitter may unsubscribe from the Platform at any time by sending a request to that effect to KIDLEE, exclusively by electronic means. KIDLEE will then send the Babysitter, by electronic means, confirmation of the Babysitter's deregistration from the Services, with the deregistration taking effect on the date of this confirmation by KIDLEE. KIDLEE reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The Baby-sitter will be informed of such modifications and/or termination by any useful means within fifteen (15) days. In the event of non-compliance by the Baby-sitter with these GTU, KIDLEE reserves the right to suspend or terminate the Baby-sitter's access to the Services, with immediate effect, in the event that the Baby-sitter does not comply with any of the provisions of these GTU, or if the Baby-sitter accesses the Services in violation of any law, rule or regulation applicable to KIDLEE. The termination shall take effect automatically on the date of its notification by KIDLEE to the Baby-sitter by post (letter) or electronically (email). Termination automatically leads to the deletion of the Baby-sitter's Account without prior notice. The termination of the Services, for any reason whatsoever, entails the deletion of the Baby-sitter's Account, who then no longer has access to his or her Account.

 

ARTICLE 17: FORCE MAJEURE

Any event beyond the control of KIDLEE and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the parties, such as, but not limited to, a strike or technical failure (edf, erdf, telecommunications operators, internet access or hosting providers, registrars, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which KIDLEE depends and/or networks that would replace it.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which KIDLEE depends and/or of the networks that would replace it.
KIDLEE shall not be held responsible, or considered to have failed in its obligations under these GTUs, for any non-performance related to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand
Unless otherwise specified in these Terms of Use, the correspondence between the Baby-sitter and KIDLEE is carried out by email via the Platform. Pursuant to Articles 1316 et seq. of the Civil Code and, where applicable, Article L.110-3 of the Commercial Code, the parties declare that the information delivered by e-mail is authentic between the parties as long as no contradictory written document authenticated and signed, challenging this computerized information, is produced. The elements such as the time of reception or transmission, as well as the quality of the data received will be deemed authentic by priority as they appear on the information systems of KIDLEE, or as they are authenticated by the computerized procedures of KIDLEE, unless the Babysitter can provide written proof to the contrary.

 

ARTICLE 18: COMPLETENESS

The provisions of these GTU express the entire agreement between the Baby-sitter and KIDLEE. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present GTU, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the GTU, except in the case of an amendment duly signed by the representatives of both parties.

 

ARTICLE 19: NON-WAIVER

The failure of any party to this TOU to enforce any provision, whether permanently or temporarily, shall not be deemed a waiver of that party's rights under such provision.

 

ARTICLE 20: INVALIDITY

If one or more provisions of these GTU are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these GTU will retain all their force and scope. If necessary, KIDLEE undertakes to immediately remove and replace the said clause with a legally valid clause.

 

ARTICLE 21: TITLE

In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed not to be written.

 

ARTICLE 22: JURISDICTION - APPLICABLE LAW

These TOU are governed by and construed in accordance with French law, without regard to principles of conflict of laws.
In the event of a dispute that may arise from the interpretation and/or execution of the present Terms of Use or in relation to the present Terms of Use, the Parties agree to make every effort to resolve amicably all disputes to which the present Terms of Use may give rise. Thus, in the event of a dispute between a Baby-sitter and KIDLEE, the parties agree to negotiate in good faith the settlement of the dispute. If the parties do not manage to settle the dispute after at least 30 working days of negotiation, the dispute will be settled before the jurisdiction of the city of Paris having exclusive competence.