Terms and Conditions

These Terms and Conditions (Agreement) form the legal agreement between you and Titch Limited (we, us, our) that sets out our, and your, rights and obligations in relation to the Titch mobile application (the App) and any information you provide to us through the App. Please read this Agreement carefully before using the App. By using the App you agree to follow and be bound by this Agreement. If you do not agree to all of the terms in this Agreement, you must not use the App.

This Agreement may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon us notifying you of the changes by email, or by posting the changes on the App (including by push notification). You agree that your continued use of the App represents your agreement to be bound by the most recent terms.

On registration, you will be asked to confirm your acceptance of this Agreement. If you do not agree to all of the terms and conditions in this Agreement, you must not use the App.

• Account means the online profile you create with us that is accessible via the App.
• App means the Titch mobile application, through which Parents can book Sitters for babysitting services.
• Booking means a booking of a Sitter's services made by a Parent through the App.
• Parents means parents, guardians, and custodians seeking babysitting services through the App.
• Sitters means people who provide babysitting services through the App.
• Users means users of the App, and includes both Parents and Sitters.
• User Generated Content means any content posted on or via the App that is generated by a User, including Profiles, Feedback, and Messages.
• you and your refer to the person that installs, accesses, and/or uses the App.

Marketplace: The App provides a marketplace for Parents seeking babysitting services to connect with Sitters who want to provide those services. Where a connection is made, the App provides a booking service for Parents to book a Sitter.

Transactions between Users: If a Booking is accepted by a Sitter, a contract for services is formed between the Parent and the Sitter directly. We do not act as agent for either party and do not participate in the provision of babysitting services or any transaction between Users — we provide a platform for Users to connect and pass on payments made by one User to another in respect of a Booking. Each User is solely responsible for carrying out their obligations under a Booking.

No employment: We do not employ Sitters. Nothing in this Agreement creates an employment or agency relationship between us and Sitters. Sitters are solely responsible for any applicable income tax in relation to services they provide through the App.

When you register an Account, you will be asked to provide certain information about yourself, including photo identification, your address and contact details, and — if you are a Parent — the number of children in your care. You are responsible for providing accurate, current, and complete information, and we may request further information and/or use third party services to verify your Account and/or your identity.

By registering an Account, you represent and warrant that:

• if you are a Sitter, you are at least 18 years of age, and you have never been convicted of a criminal offence or are an eligible person under the Criminal Records (Clean Slate) Act 2004; and
• if you are a Parent, you are a parent, guardian, or custodian of the child or children in your care, or are authorised to make a Booking relating to that child or those children, and you have never been convicted of a criminal offence or are an eligible person under the Criminal Records (Clean Slate) Act 2004.

We reserve the right, but are not obliged, to conduct background checks and/or verify your Account, which may include criminal record checks, reference checks, and/or accessing publicly available records, and may be carried out by third parties as permitted by law. By registering an Account, you consent to us performing such checks. If you register as a Sitter, we will review your information and may contact you for an interview before approving or declining your Account.

Once registered, you will create a Profile about yourself, visible to other Users. For Parents, this may include information about your children (age, allergies, special needs), emergency contact details, and information about your property/neighbourhood; a Sitter can see your full Profile once you submit a Booking request to them. For Sitters, this may include your experience, availability, education, skills, and languages spoken; your contact details are only made available to a Parent once you accept their Booking request. We reserve the right to edit and/or remove any information you include in your Profile.

We grant you a non-exclusive, non-transferable, revocable right to access and use the App for your own personal, non-commercial use, on a device you own and/or control, on the terms of this Agreement. We will use reasonable commercial endeavours to make the App available to you.

You are responsible for:

• procuring and maintaining your own network connections and telecommunications links;
• keeping your login details confidential, and being the only person who uses them;
• all activity that occurs under your Account, and notifying us promptly of any unauthorised access; and
• ensuring the information you provide to us is true, correct, and kept up to date.

You agree not to, except as permitted by law:

• copy, modify, reverse engineer, or create derivative works from the App;
• use the App to build a competing product or service;
• use the App, or information from it, to circumvent the App's messaging or booking platform, including to avoid fees related to a Booking; or
• circumvent any security or technical measures used by us, or transmit any virus through the App.

We may provide updates, upgrades, and patches to the App that must be installed for you to continue using it properly. Unless we specify otherwise, updates are provided at no cost. We may at any time modify, discontinue, or restrict access to the App, temporarily or permanently, with or without notice.

We collect and use your personal information as described in our Privacy Policy, which forms part of this Agreement.

You must not post or transmit any User Generated Content that:

• contains photographs or images of another person, unless you are that person's parent, guardian, or custodian;
• breaches another party's intellectual property rights;
• uses another person's personal information other than for the purpose it was provided for;
• is intended to harass, annoy, threaten, or intimidate any other User; or
• is false, misleading, defamatory, abusive, or otherwise objectionable.

After a Booking is completed, Parents and Sitters can leave Feedback on each other, which must relate to that specific Booking and must not contain offensive, defamatory, or inappropriate content. The App's in-app messaging must only be used to facilitate or complete a Booking.

We do not control, and are not responsible for, communications between Users. We may monitor, refuse to post, edit, or remove User Generated Content at our discretion. Where you publish content on the App, you grant us a non-exclusive, perpetual, worldwide licence to use it on the App.

We own all intellectual property rights in the App. Except as expressly stated in this Agreement, nothing grants you any intellectual property rights in the App. You retain all rights in your own User Generated Content, other than the rights you grant us under this Agreement, and you are solely responsible for its legality, accuracy, and quality.

Fees for a Booking are calculated at the Sitter's hourly rate, set by that Sitter (subject to a $20/hour minimum) and shown on their Profile, and are charged to the Parent through the App via Stripe. We charge a service fee on each Booking to cover the cost of running the App, shown to you before you confirm a Booking.

Where a Parent cancels a Booking within 24 hours of the scheduled Booking time, a cancellation fee will be charged to that Parent, shown in the App before you confirm the cancellation. Where a Parent's payment for a Booking is declined and is not paid within 12 hours of completion of the Booking, a late payment fee will be added, both of which must be paid immediately.

All payments are processed through Stripe using industry-standard encryption, after which you will receive a receipt by email. Fees paid by you are final and non-refundable, unless otherwise determined by us. We may suspend and/or terminate your Account if your payment method is expired or invalid.

Except for warranties that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), the App is provided on an “as is” basis. We do not warrant that your use of the App will be uninterrupted, error-free, or secure, that it will meet your requirements, or the reliability of any User — including the quality of services provided by a Sitter, or a Parent's ability to pay.

To the maximum extent permitted by law, we will not be liable to you for any loss, damage, or injury arising out of or in connection with your use of the App, any Booking, or this Agreement. If we do have any liability to you, our maximum aggregate liability will not exceed the amount of fees you have paid us to use the App. Nothing in this clause limits any right you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be excluded by agreement.

You acknowledge that you assume all risk when using the App, including risks associated with meeting other Users, and agree to take all necessary precautions when doing so. You will indemnify us against costs, losses, and damages we incur arising from your use of the App or breach of this Agreement.

We may terminate this Agreement or suspend your Account if you breach any provision of this Agreement — for a Sitter, this includes cancelling a Booking within 24 hours of the scheduled time on more than one occasion, or serious or multiple complaints being received about you; for a Parent, this includes declined payment on more than one occasion, or cancelling a Booking within 24 hours of the scheduled time on more than one occasion.

You may terminate this Agreement at any time by uninstalling the App. If this Agreement is terminated, you must immediately pay any outstanding fees to us.

This clause applies only if you use the App on an Apple device. You and we acknowledge that:

• this Agreement is between you and us, not Apple, and Apple is not responsible for the App or its content;
• any maintenance or support for the App is solely our responsibility;
• if the App fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any) paid through the App Store; and
• Apple and its subsidiaries are third party beneficiaries of this Agreement and may enforce it against you.

Questions, complaints, or claims about the App should be directed to us at hello@titch.co.nz, not Apple. You represent that you are not located in, and are not on any government list of prohibited parties for, a country subject to a relevant government embargo.

• This Agreement is the entire agreement between you and us regarding the App.
• If any part of this Agreement is invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the rest continues to operate.
• You may not assign or transfer this Agreement, or your rights or obligations under it, without our prior written consent.
• This Agreement is governed by the laws of New Zealand, and any action against us must be brought in the New Zealand courts.

Questions about this Agreement? Email hello@titch.co.nz.