Terms of Service
Last updated: March 26, 2020
Please read these terms of service and our policies (“Terms”) for users, customers and clients of the Platform (as defined below) or persons using the Platform on their behalf (“Users”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the öogo Platform and / or any services offered on the öogo Platform, you agree to comply with and be bound by these Terms. You should not access or use the öogo Platform if you do not agree to be bound by these Terms.
Thank you for using öogo.
Application of Terms / Contract Information
Öogo Piccolo Ltd (“öogo”, “our”, “us” and “we”) is a private company limited by shares incorporated under the laws of Ireland, with company number659891 and having its registered address at Unit 8, Boyne Business Park, Drogheda, Co. Louth.
These Terms constitute a legally binding agreement between you and öogo governing your access to and use of the öogo website, including any subdomains thereof, strategic partnerships and any other websites through which öogo makes its services available (collectively, “Site”), any mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services offered by and through öogo (collectively, “Services”). The Site, Application and öogo Services together are collectively referred to as the “öogo Platform”.
Öogo may modify these Terms from time to time. Any such modification will be posted on the öogo Platform. It is important that you review these Terms regularly to ensure you are updated as to any changes.
Scope of Services
The öogo Platform provides and maintains a two-way online marketplace that can be used by independent parties to connect those who need childcare (“Guardians”) and those who provide it (“Minders”).
The öogo Platform enables Members and certain third parties who offer services (Members and third parties who offer services are “Minders” and the services they offer are “Minder Services”) to publish such Minder Services on the öogo Platform (“Listings”) and to communicate and transact directly with Guardians. Minder Services may include the offering of day care, babysitting, childminding, nannying, maternity nursing, consulting or au-pairing services. Members may also publish details of specific jobs that might not fit the parameters of existing search criteria (“Posts”) on the öogo Notice Board (“Board”).
As the provider of the öogo Platform, öogo does not own, create, sell, resell, recommend, provide, control, manage, offer, deliver, or supply any Listing or Minder Services, nor is öogo an organizer, agency, recruiter or advisor.öogo does not employ any Minder and is therefore not liable under any employment legislation for any claim that a Guardian or other person may have against a Minder. Minders alone are responsible for their Listings and Minder Services. When Members make or accept a booking, they are entering into a contract directly with each other and agree that they are informed and comply with the relevant governance of each specific booking. Öogo is not and does not become a party to or other participant in any contractual relationship between Members. Öogo is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms (as set out below). Öogo is not a party to any arrangements made through the öogo Platform. Once an introduction is made through the öogo Platform, any future agreements between the Guardian and the Minder from that point onwards is created between the Guardian and the Minder only for the provision of childcare services by the Minder to the Guardian. Öogo does not guarantee, nor shall it be liable for any breach by the Minder in terms of the quality, timing, delivery or completion of the Minder Services.
While it may help to facilitate the resolution of disputes, öogo has no control over and does not guarantee;
- the information contained within a Member’s profile nor is it responsible or liable in any way for false representations made by either the Guardian or the Minder;
- the quality, safety, suitability, or legality of any Listings or Minder Services;
- the truth or accuracy of any descriptions, qualifications, vetting, Ratings (as defined below), Reviews (as defined below) or other Member content
- the continued validity of any Minder qualification or certification;
- the performance or conduct of any Member or third party.
öogo does not endorse any Member, Listing, Post or Service. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by öogo about any Member, including the Member’s identity or background, whether the Member is trustworthy, qualified, safe or suitable. You should always exercise due diligence and care when deciding whether to book the Minder Services of any Minder, accept a booking request from a Guardian, accept a job posting or communicate and interact with other Members, whether online or in person. The onus for verifying the validity of vetting claims, certifications and qualifications and conducting appropriate background checks falls entirely and at all times solely on the Guardian.
If you choose to use the öogo Platform as a Minder, your relationship is limited to being an independent, third-party contractor and not an employee, agent, join-venture or partner of öogo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of öogo. öogo does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Minder Services. You acknowledge that you have complete discretion whether to list Minder Services or otherwise engage in other business or employment activities.
The öogo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services maybe subject to different terms and conditions and privacy practices. Öogo is not responsible or liable for the availability, reliability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by öogo of such Third-Party Services.
öogo is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the öogo Platform. Öogo may temporarily restrict the availability of the öogo Platform however liability remains unaffected.
Using the Platform
Your use of the öogo Platform is governed by the following Terms. Öogo can use its own discretion to refuse you access to the öogo Platform and/or cancel your registration or terminate your Account without prior notice for any reason (including, but not limited to, any non-adherence or breach of these Terms) and you shall not be entitled to any compensation in respect of any compensation in respect of any cancellation of your registration or termination of your Account.
öogo makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the öogo Services or Minder Services or the information, products or services provided.Any reliance placed on such information is therefore strictly at one’s own risk.
In order to access and use the öogo Platform, you must be an individual of at least 18 years old or a duly organised, validly existing business, organisation or other legal entity in good standing under the laws of the country in which you are registered and able to enter into legally binding contracts.
You agree to act in a responsible and legal manner when using the öogo Platform. You agree to use the öogo Platform only for lawful purposes and in a manner, which does not infringe on the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the öogo Platform.
You shall comply with all applicable laws, regulations and rules in your jurisdiction and undertake not to use the öogo Platform for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the öogo Platform or in a manner which is likely to cause harm, offense or nuisance to any other User.
Minders are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined below). For example, individual jurisdictions have different laws governing the provision of childcare services as pertaining to qualifications, insurance, vetting, taxation and capacity.
Minders are solely responsible for identifying and obtaining any required licenses, permits or registrations for the services they offer. This responsibility extends to ongoing awareness around changes in regulations. Certain types of services may be prohibited altogether. Penalties may vary across jurisdictions. We provide some information in our Help Centre to help you identify some of the obligations that apply to you. If you have questions about how local and national laws apply to your Profile and Services on öogo, you should always seek legal guidance.
Öogo may make access to and use of the öogo Platform subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
Account & Registration
You must register an account (“öogo Account”) to access and use certain features of the öogo Platform, such as publishing a Post or Listing or booking a Post or Listing. If you are registering an öogo Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an öogo Account using an email address and by creating a password.
You must provide accurate, current and complete information during the registration process and keep your öogo Account and public Profile and Listing information up to date at all times.
Security & Password
You are responsible for maintaining the confidentiality and security of your öogo Account credentials and you must immediately notify öogo in case of any actual or suspected unauthorized use of your öogo Account. You are liable for any and all activities conducted through your öogo Account, unless such activities are not authorized by you and you are not otherwise negligent. You must not share your credentials with any other Member and no other Member is authorized to request yours.
You are solely responsible for setting your rates (including any Taxes (as defined below) if applicable, or charges such as transport) for your Listing (“Listing Fee”). Once a Guardian requests a booking of your Listing, you may not request that the Guardian pays a higher price than in the booking request.
Öogo reserves the right to require that Listings have a minimum number of images of a certain format, size and resolution.
The placement and ranking of Listings in search results on the öogo Platform may vary and depend on a variety of factors. More information about the factors that determine how your Listing appears in search results can be found on our Help Centre. When you accept or have pre-approved a booking request by a Guardian, you are entering into a legally binding agreement with the Guardian and are required to provide your Minder Services to the Guardian as described in your Listing when the booking request is made. You also agree to pay the associated Minder booking fee and any applicable Taxes relating to your services in your jurisdiction.
öogo recommends that Minders obtain appropriate insurance for their Minder Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover your services in the locations relevant to the bookings you accept.
Any Listing you post and the booking of, or a Guardian’s use of your Minder Services, shall not breach any agreements you have entered into with any third parties and will comply with applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
Subject to meeting any requirements (such as completing any verification processes) set by öogo and/or the Minder, you can make a booking on the öogo Platform by following the respective booking process. All applicable fees, including the booking fee, Minder fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to making a booking. You agree to pay the Total Fees for when booking Minder Services.
Upon receipt of a booking confirmation from öogo, a legally binding agreement is formed between you and your Minder, subject to any additional terms and conditions of the Minder that apply. Öogo Payments will collect the Total Fees at the time of the booking request upon the Minder’s confirmation pursuant to the Payment Terms.
The öogo Platform and content contained within, may in its entirety or in part, be protected by copyright, trademark and/or other laws. You acknowledge that the öogo Platform and any content contained within including all intellectual property rights, unless specifically determined otherwise through öogo’s strategic, corporate partnerships, are the exclusive property of öogo and/or its licensors, affiliates or authorized third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the öogo Platform and its wholly owned and uploaded content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the öogo Platform and its content are used for identification purposes only and may be the property of their respective owners.
Subject to your compliance with these Terms, öogo grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and view the content made available on or through the öogo Platform and accessible to you, solely for your personal and non-commercial use.
You will not post, upload, publish, submit or transmit any content that is:
- fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- defamatory, libelous, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
- promotes illegal or harmful activities or substances; or
- violates any of öogo’s Policies.
We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates these Terms, including, without limitation, reporting you to appropriate law enforcement authorities.
We reserve the right to remove any material posted on the öogo Platform which is, in our sole opinion, in breach of these Terms, or which we suspect to be in breach of these Terms at our absolute discretion. We shall be entitled to terminate your Account or use for breach of these Terms.
Ratings & Reviews
Within a certain timeframe after completing a booking, Guardians and Minders can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of öogo. Ratings and Reviews are not verified by öogo and may be incorrect or misleading.
Ratings and Reviews by Guardians and Minders must be accurate and may not contain any offensive or defamatory language.
Cancelations & Resolutions
If bookings are cancelled resolutions can be sought through öogo’s Resolution Service. If a Minder cancels a booking a full refund will be sent to the Guardian. Members can use the Resolution Service to send or request money for refunds relating to bookings. You agree to pay all amounts sent through the Resolution Service in connection with your öogo Account and öogo Payments will handle all such payments.
As a Minder you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, income taxes or any other applicable taxes (“Tax(es)”).
Tax regulations may require us to collect appropriate Tax information from Minders, or to withhold Taxes from pay-outs to Minders, or both. If a Minder fails to provide us with the required documentation under applicable law (e.g. a tax number) where applicable to alleviate our obligation (if any) to withhold Taxes from pay-outs to you, we reserve the right to without pay-outs up to the tax-relevant amount as required by law until resolution.
You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Services are offered may require Taxes to be collected from Guardians or Minders on Listing Fees, and to be remitted to the respective Tax Authority.
In certain jurisdictions öogo may decide in its sole discretion to collect relevant Taxes and remit such Taxes to eligible and qualifying Minders, based on tax information supplied by the Minder, for ultimate reporting and remittance by such Minder to the Tax Authority (“Compliance Feature”). Such Minders using the Compliance Feature will be solely responsible for informing öogo about the correct Tax amount to be collected from each job in accordance with applicable law.
Öogo does not assume any liability for the failure of a participating Minder to comply with any applicable tax reporting or remittance obligations.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to öogo by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Term & Termination
This Agreement shall be effective until such time when you or öogo terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your öogo Account as a Minder, any confirmed booking(s) will be automatically cancelled and your Guardians will receive a full refund. If you cancel your öogo Account as a Guardian, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
Without limiting our rights specified below, öogo may terminate this Agreement for convenience. öogo may immediately, without notice, terminate this Agreement and/or stop providing access to the öogo Platform if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of öogo, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
In addition, öogo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the öogo Account registration, Listing process or thereafter, (iv) you and/or your Listings or Minder Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or öogo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of öogo, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the öogo Platform;
- temporarily or permanently revoke any special status associated with your öogo Account;
- temporarily or in case of severe or repeated offenses permanently suspend your öogo Account and stop providing access to the öogo Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by öogo and an opportunity to resolve the issue to öogo's reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Guardians in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your öogo Account or any of your Content. If your access to or use of the öogo Platform has been limited or your öogo Account has been suspended or this Agreement has been terminated by us, you may not register a new öogo Account or access and use the öogo Platform through an öogo Account of another Member.
If öogo takes any of the measures described in these Terms you may appeal such a decision by contacting our customer service.
To the maximum extent permitted by applicable law, öogo disclaims any liability (direct or indirect) in respect of, and you agree to release, defend (at öogo’s option), indemnify, and hold öogo and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the öogo Platform or any öogo Services, (iii) your interaction with any Member, provision of service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, service, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of öogo's place of business in Ireland. If öogo wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between öogo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between öogo and you in relation to the access to and use of the öogo Platform.
No joint venture, partnership, employment, or agency relationship exists between you and öogo as a result of this Agreement or your use of the öogo Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
öogo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without öogo's prior written consent. öogo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by öogo via email or öogo Platform notification.
If you have any questions about these Terms, please email us.