We thank you for visiting our Internet website (the “Website”) and/or using our smartphone application (the “Application”) (The Website and the Application, together, our “Services”).
Please carefully read these general terms and conditions of use (the “Conditions”). By accessing our Services, you manifest your acceptance and comprehension of the Conditions. We request that you do not access or use all or part of our Services, should you not fully consent to these Conditions.
In the Conditions, the terms “us”, “our(s)” and “Tatadam” are referring to Tatadam Sàrl, a corporation incorporated under Swiss law, whose registered head office is located in Moudon (VD), Switzerland, authorized to provide private placement services according to the Federal Act on Employment Services and the Hiring of Services. “You” and “your(s)” are referring to any person using or accessing our Services.
We reserve the right to amend the Conditions at any time, without prior notice. Please remember to regularly consult this page in order to take note of any amendment that may have been made to the Conditions. The version published on our Services at the relevant time applies between you and us.
We reserve the right to interrupt at any times the supply of our Services or to modify them, without prior notice and without stating reasons.
Our Application is an online marketplace that enables registered parents (the “Parents”) to communicate and enter into a contractual relationship with baby-sitters offering, through a public profile, remunerated baby-sitting services (the “Baby-Sitters”).
Our Website aims at providing you with information about our Services.
Your attention is drawn to the fact that Tatadam merely provides the Parents and the Baby-Sitters (together, the “Parties”) with an online platform that enables the Parents to access a database of Baby-Sitters and the Baby-Sitters to be hired by the Parents. Thus, we merely act as an intermediary. Should a Baby-Sitter be hired by a Parent, the agreement is entered into between the Parties directly, without Tatadam being a party to – or involved in – the contractual relationship. Tatadam is in particular not liable for any of the Parents’ obligations (as employers of the Baby-Sitters) or the Baby-Sitters’ obligations (as employees of the Parents). We are neither the Baby-Sitters’ employer nor the principal of the Parties who act, in all respects, under their own responsibility. Tatadam assumes no liability in this respect.
THE PARENTS’ ATTENTION IS SPECIFICALLY DRAWN TO THE FACT THAT THE HIRING OF BABY-SITTERS THROUGH OUR SERVICES INVOLVES, IN PRINCIPLE, THE CONCLUSION OF AN EMPLOYMENT AGREEMENT BETWEEN THE PARTIES. SUCH AN AGREEMENT IMPLIES OBLIGATIONS FOR THE EMPLOYER (I.E. THE PARENT), THE INTENSITY OF WHICH MAY VARY DEPENDING ON THE CIRCUMSTANCES, SUCH AS THE OBLIGATION TO REGISTER WITH THE INSURANCE COMPANIES AND/OR THE INSTITUTIONS RESPONSIBLE FOR COLLECTING SOCIAL CONTRIBUTIONS, THE OBLIGATION TO PAY SUCH CONTRIBUTIONS, THE OBLIGATION TO DELIVER SALARY STATEMENTS OR CERTIFICATES FOR BABY-SITTERS OR THE OBLIGATION TO RESPECT THE PROVISIONS OF STANDARD EMPLOYMENT CONTRACTS OR COLLECTIVE EMPLOYMENT CONTRACTS WHICH MAY APPLY (INCLUDING IN TERMS OF MINIMUM SALARY).
The rates mentioned in our Application, which have to be understood as net hourly rates, are decided by the Baby-Sitters and depends on their professional experience, diplomas, etc. We cannot guarantee that these rates comply with the applicable law. It is the responsibility of the Parents to ensure this.
No salary payment is made through Tatadam and we charge no commission on the salary paid by the Parents to the Baby-Sitters.
Registration or enrollment in our Application is charged to the Parents according to the rates indicated therein.
We offer different subscription periods so that you can choose the one that best satisfies your needs. Payment is made in advance for each subscription period, in principle through the store from which you downloaded the Application (Apple StoreTM or Google Play StoreTM). If we are unable to receive your payment, for any reason whatsoever (technical problem, lack of funds, etc.), your subscription price (and any additional cost arising from our incapacity to receive your payment) shall be charged to you according to the method of our choice. The subscription price is due regardless of your actual use of our Services.
When your subscription period expires, it is automatically renewed, with the same subscription price, for the same contractual period, unless you cancel your subscription at least prior to the expiration of your current contractual period.
You may cancel your subscription at any time through our Application or through the store from which you downloaded it (Apple StoreTM or Google Play StoreTM). Should an ongoing subscription be canceled, no refund will be made.
Registration or enrollment in our Application is free for the Baby-Sitters.
The access to our Website is free.
We reserve the right to change our rates or subscription offers at any time and without prior notice.
Concerning data collection and processing, we are subject to Swiss legal standards on data protection. To know more, please consult our privacy and personal data protection policy, which forms an integral part of the Conditions (the “Policy”).
We use reasonable efforts to ensure that the information and advice contained in our Services is accurate and complete. Should this not be the case, we would nevertheless reject all responsibility. You acknowledge that any reliance upon such information shall be at your sole risk. We invite you to always seek advice from qualified persons before committing through our Services, especially as regards the legal consequences that may arise from the hiring of Baby-Sitters. Any liability on our part in this respect is excluded.
Only the Conditions are binding upon you and us; any other information accessible through our Services being provided for information purposes only.
Only the persons who are domiciled in Switzerland or have access to the Swiss Apple StoreTM or the Swiss Google Play StoreTM are authorized to download our Application.
The major part of our Services is only accessible after your prior registration and identification. The registration of Baby-Sitters may be subject to precedent conditions, including the provision of certain documents and the participation in interviews. As the case may be, by submitting documents and participating in interviews, the Baby-Sitters represent and warrant that any information provided to Tatadam is reliable and correct.
Access to our Application is secured with a user name and a password (together, the “Access Data”) that are used to identify yourself at each connection. You are not allowed to create more than one account. In case of deletion of your user account by Tatadam, you are not allowed to create a new one.
You are liable for your Access Data. You should keep it confidential, retain its exclusive use and ensure that you do not communicate it to third parties. Tatadam shall accept no liability for losses or damages arising from abuse, loss, transmission to third parties or theft of your Access Data.
Any Parent registering in our Application represents and warrants that he/she has parental authority over the child (children) that he/she wishes to babysit or that he/she has been duly authorized by the holder(s) of parental authority to use our Application.
We grant you a non-transferable and non-exclusive license to use the Application on all devices that you own or control, as permitted by the Conditions and for the unique purpose of benefiting from our Services.
This provision shall govern any content, support or service accessible from – or purchased within – our Application, as well as upgrades provided by Tatadam that replace or supplement the original Application, unless such upgrade is accompanied by a specific license.
You may not transfer, redistribute or sublicense our Application. If you sell a device on which it is installed to a third party, you must remove it from the device before doing so. You may not copy, modify, reverse-engineer or otherwise attempt to use our source code. The creation of derivative works of our Application, any updates, or any part thereof is prohibited.
Our Services might allow you to submit content aimed at other users and to store, publish or share such content.
You remain the owner of your user content. Nevertheless, by submitting your content via our Services, you grant us an unlimited in time (even after you stop using the Services), irrevocable, global, non-exclusive, free of charge, sublicensable and transferable license to use, store, reproduce, transfer, modify (including creating derivative works or translating), communicate, publish, publicly perform and display and/or distribute this content, this in relation with the provision, promotion and/or development of our Services and, more generally, the conduct of our business.
Furthermore, if you decide to share content via our Services, you grant other users of our Services a non-exclusive license allowing them to access, use and store such shared content.
You guarantee that (i) you have all the rights and authorization to grant the licenses to us or other users as mentioned above and that (ii) the content you submit doesn’t violate any norm, contractual obligation or third party right, especially concerning intellectual property rights and copyrights.
Our Services might contain links which would take you outside of our networks and systems, especially towards partners’ websites. We accept no responsibility concerning the content, the accuracy or the functioning of these third-parties websites. We cannot be held liable for the content of the websites towards which a link is proposed. The inclusion of a link to other websites does not imply our approval. We recommend you to carefully review the privacy and data protection policies as well as the general terms and conditions of each website you visit and of each online service you use.
When you communicate with us by email or otherwise through the Internet, you should take into account that the protection of emails and messages so transmitted is not guaranteed. Consequently, while sending by emails important or confidential messages, not encoded, you accept the risks linked to this uncertainty and the possible lack of confidentiality over the Internet.
The use of our Services is at your own risk.
Our Services are offered “as they are” and “as they are available”. Consequently, we do not offer any guarantee. We especially do not guarantee that (i) our Services will meet your requirements ; (ii) their content is exhaustive, accurate, precise, reliable, updated and does not transgress the right of third parties ; (iii) the access to our Services will not suffer any interruption or is error-free, nor that our Services are virus-free ; (iv) defects will be corrected; (v) the Website and the Application are secured; or (vi) that any advice or opinion received from us or through our Services is exact and reliable.
We use all reasonable efforts to select qualified Baby-Sitters able to provide quality service (www.tatadam.com). However, we cannot offer the Parents any guarantee related to the services that they will be required to provide. Furthermore, we cannot guarantee the Parents who have used our Services in the past that the Baby-Sitter(s) they already employed will always be available.
Our Services might as well contain information and documentation concerning products, services or concepts that are not yet available. The reference to a product, a service or a concept does not mean that it will be available one day.
No guarantee on user content
Our Services may allow users to share and exchange content with one another. You understand that Tatadam does not pre-approve user content before it is shared through the Services and is not in a position to guarantee that such content is complete, correct, harmless or up to date. We assume no liability for the different opinions that may be included in the content provided by the users.
By submitting content, any user acknowledges to be solely responsible for it and any liability from Tatadam is therefore excluded.
Aucune garantie sur le contenu d’utilisateur
Nos Services peuvent permettre à leurs utilisateurs de partager et d’échanger du contenu. Vous déclarez comprendre que Tatadam ne préapprouve pas le contenu fourni par les utilisateurs avant qu’il soit partagé et ne peut dès lors pas garantir qu’il soit complet, correct, sans danger ou à jour. Nous ne supportons aucune responsabilité en lien avec les différentes opinions que pourrait inclure le contenu fourni par les utilisateurs de nos Services.
En soumettant du contenu, chaque utilisateur reconnait en être l’unique responsable, à l’entière décharge de Tatadam.
TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY ON OUR PART, ON OUR REPRESENTATIVES’, ON OUR PARTNERS’ OR ON OUR AUXILIARIES’ PART THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – OUR SERVICES, IS EXCLUDED.
AS A PREREQUISITE TO YOUR USE OF OUR SERVICES, YOU COMMIT YOURSELF TO INDEMNIFY US, OUR REPRESENTATIVES, our PARTNERS AND OUR AUXILIARIES, FROM ANY DAMAGE OR EXPENSE (INCLUDING LAWYERS’ FEES AND COURT COSTS) THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF – OUR SERVICES.
We use our best efforts to provide you with a positive and interesting experience while using our Services. In such a perspective, we reserve the right, at our own discretion, without prior notice and without stating the reasons, to forbid (in particular by deleting the content of a user or by limiting/forbidding his/her access to our Services) any act that might turn out to be, in our opinion, notably inappropriate, contrary to the respect due among the Parties, the Conditions, the applicable law and/or the morality. In particular, you shall not:
– Behave in a manner disrespectful or unprofessional towards a Party;
– For the Baby-sitters, fail to respond to a commitment made to a Parent through our Application, without due cause;
– publish information of a third party, without his/her/its prior approval;
– publish or transmit through our Services any unsolicited mailings or commercial proposals;
– impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (such as using another person’s username, password, name, voice or photograph);
– publish any content which might be, in our opinion, disturbing, defamatory, racist, obscene, violent, threatening, pornographic or otherwise unlawful, immoral or inappropriate;
– publish any content that may be harmful to our security system or the one of third parties, such as computer virus, Trojans or any malicious computer software;
– use the Services in any other way that may be harmful or unlawful.
THE BABY-SITTERS WHO USE OUR APPLICATION SHALL ABSTAIN FROM ENTERING INTO ANY EMPLOYMENT AGREEMENT CONCERNING BABY-SITTING SERVICES WITH A REGISTERED PARENT OTHER THAN THROUGH OUR APPLICATION, THIS AS LONG AS THEY REMAIN REGISTERED IN OUR APPLICATION AND FOR A PERIOD OF SIX MONTHS OF THE DATE OF THEIR UNSUBSCRIPTION. THEIR ATTENTION IS DRAWN TO THE FACT THAT ANY BREACH OF THE PRESENT PROHIBITION SHALL RESULT IN AN OBLIGATION FOR THE DEFAULTING BABY-SITTER TO PAY TATADAM LIQUIDATED DAMAGES IN THE AMOUNT OF CHF 500.- PER VIOLATION, IT BEING SPECIFIED THAT THE PAYMENT OF SAID LIQUIDATED DAMAGES SHALL NOT RELEASE THE BABY-SITTER FROM HIS/HER OBLIGATION TO COMPLY WITH ALL OTHER PROVISIONS OF THE CONDITIONS. ANY ADDITIONAL DAMAGE OR ADDITIONAL RIGHT THAT WE MAY ASSERT AGAINST THE DEFAULTING BABY-SITTER IS RESERVED.
The current Conditions constitute the entire agreement between you and us concerning the access to –and the use of – our Services.
If any provision of the Conditions is held to be void or unenforceable for any reason, the parties shall replace it with a provision having legal and economic effects as similar as possible to the invalid provision. In any event, all other provisions of the Conditions shall remain valid and enforceable to the fullest extent possible.
The fact that we tolerate any breach of the Conditions by a user, or our failure to assert any right or provision under these Conditions or the law, shall not constitute a waiver of such right or provision.
Conditions are available in French and English languages. In the event of any conflict between the two versions, the French version shall prevail.
Unlike us, you are not allowed to transfer to third parties the rights and obligations which are yours according to the Conditions.
The Conditions are governed by Swiss substantive law.
The exclusive place of jurisdiction is Lausanne, subject to an appeal to the Federal Court.
Conditions updated on November 1, 2017.
All rights to these Conditions belong to their author. Any reproduction, without previous license, is strictly prohibited.