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GENERAL TERMS AND CONDITIONS - Yoopies.co.uk

GENERAL TERMS AND CONDITIONS AND CONDITIONS OF SALE AND USE OF THE Yoopies.co.uk WEBSITE

Legal notices

This website Yoopies.co.uk has been created and published by Yoopies SAS, a simplified joint-stock company with share capital of €26,225.00, with its registered office at 17 rue Froment, 75011, Paris, UK, registered on the Paris Trade and Companies Register under the number 533 592 051,

Tel.: 01 83 89 92 66

E-mail: support@Yoopies.co.uk

Publishing Director: Benjamin Suchar – support@Yoopies.co.uk

Creative Director: Benjamin Suchar – support@Yoopies.co.uk

Intracommunity VAT number: FR06 533592051

SIRET number: 53359205100031

This website Yoopies.co.uk is hosted by AmazonWebService Amazon CS Ireland Ltd, Unit 27, 6400 Cork Airport Business Park, Kinsale Road, Cork, Ireland. Amazon CS Ireland Ltd. Amazon CS Ireland Ltd is an Amazon Web Services (AWS) group company with its registered office at Inc. P.O./ Box 81226, Seattle, WA 98108-1226, Tel.: (206) 266-4064 (http://aws.amazon.com).

1. Introduction

These General Terms and Conditions of Sale and Use of the Yoopies.co.uk website (hereinafter referred to as the “General Terms and Conditions”) are aimed at setting out the conditions for accessing and using the online Platform and service offered by the company , a simplified joint-stock company with share capital of €26,225.00, with its registered office at 17 rue Froment, 75011, Paris, UK, registered on the Paris Trade and Companies Register under the number 533 592 051 (hereinafter referred to as “the Company”), publisher of the website Yoopies.co.uk , and specifying the framework of the relationships between Members and the Platform.

The website Yoopies.co.uk is available in English at https://Yoopies.co.uk.

2. The aim of Yoopies’ activity

Yoopies offers the following services:

• Yoopies provides Service Providers and Service Users with technical tools and means allowing them to connect via the Platform in order to enter into a work or services contract,

• Yoopies hosts Assignment offers and requests, and more generally all content generated by Service Providers and Service Users,

• Yoopies assists Users in making declarations and with administrative procedures aimed at obtaining grants for Personal Assistance Services,

• Yoopies organises Assignments and payment for these in accordance with the procedures set out in these General Terms and Conditions.

• Yoopies connects Service Users and Service Providers offering the following services:

• Childminding services: Profiles for full-time or part-time nannies, part-time babysitters, (after nursery/school), emergency or occasional-use nannies, or childminders.

• Private home-based tutoring: Profiles of professionals specialising in providing home-based tutoring in around twenty subjects (English, mathematics, French, Spanish, physics, piano, etc.)

• Assistance and/or support for the elderly: Profiles for female companions and carers to assist elderly relatives (shopping, housework, cooking, personal care, etc.)

• Household maintenance and housework: Profiles for domestic help assistants or maintenance technicians for all household tasks.

• Animal care: Profiles for pet-sitters offering pet-walking and/or pet-sitting services.

It must be noted that Yoopies’ obligations are limited to implementing the means necessary in order to connect Service Providers and Service Users and assist them with respect to their relations.

3. Acceptance of the General Terms and Conditions

Use of the Yoopies.co.uk website is subject to these General Terms and Conditions for the Yoopies.co.uk website (the “General Terms and Conditions”). By using the Yoopies.co.uk website, Users acknowledge that they have read, understood and unreservedly accepted these General Terms and Conditions. Moreover, by using the Yoopies.co.uk website, Users acknowledge that they have accepted the privacy and personal data protection policy.

Yoopies may amend and update these General Terms and Conditions of Use as well as the Privacy and Personal Data Protection Policy at any time. The General Terms and Conditions and the Privacy and Personal Data Protection Policy applicable when the Yoopies.co.uk website is used are those by which the User is bound.

Users are advised to keep-up-to date with the currently applicable the General Terms and Conditions. The currently applicable version of the General Terms and Conditions and the Privacy and Personal Data Protection Policy can be viewed at any time by clicking on the link “Terms and Conditions”.

Clause 1: Definitions

In these General Terms and Conditions, words or expressions beginning with a capital letter, whether used in the singular or the plural, will have the following definitions:

“Premium Subscription”: a paid subscription giving access to the paid services offered by Yoopies for a limited period, which is tacitly renewable for a period equivalent to the initially chosen period.

“Content”: denotes all offers, messages or information of any nature whatsoever (text, images, videos, photographs, comments, marks, company names, etc.) uploaded by a Member.

“Service User”: denotes a Member, a natural person, wishing to hire the services of a Service Provider via the Platform.

“Service Provider”: denotes a Member registered on Yoopies.co.uk website willing to carry out the Assignment requested by the Service User or offering personal assistance Assignments to Service Users. A Service Provider may be an individual or a business which may or may not provide the services in its own name.

The Service Provider may be a nanny, childminder or babysitter.

“Member”: denotes a Service Provider or Service User using the Yoopies.co.uk platform.

“Assignment”: denotes the service conferred upon the Service Provider by the Service User.

“Platform”: “denotes the structure put in place by Yoopies, which can be accessed online at the following address: https://Yoopies.co.uk.

“Service”: denotes all paid or free services offered by the Platform.

“Personal Assistance Service”: denotes all of the services offered by the Platform such as nanny services, housework, care for the elderly, tutoring, pet-sitting for the elderly.

“User”: denotes any person using the Platform, whether they are just a visitor or a Member.

“Verification”: an option indicating whether a profile has undergone special Verification.

Clause 2: Intellectual property

1. Content shared by Yoopies

All elements (drawings, images, text, logos) constituting Platform are the exclusive property of Yoopies. In general, the User is granted a personal, non-exclusive and non-transferable right to access and use the Platform, with any other right expressly excluded without Yoopies’ prior consent in writing.

The Yoopies mark and Yoopies.co.uk domain name are and remain Yoopies’ exclusive property.

2. Content shared by the User

Yoopies holds a licence to use the intellectual property rights attached to the content provided by Users for the purposes of distribution on the Platform.

The User expressly authorises Yoopies to amend said content in order to comply with the style requirements of the Platform and/or in order to make it compatible with its technical performance requirements or media formats concerned.

Users grant an international and non-exclusive licence to use the information and/or data provided. Users are solely responsible for the content of the information and/or data. Yoopies reserves the right to delete any content highlighted as being illegal, morally reprehensible or infringing intellectual property rights.

When downloading information on the website, the User may restrict or prohibit use of the information put online on the Platform by notifying Yoopies via the website or by post to Yoopies SAS, 17 rue Froment, 75011 Paris, UK.

Clause 3: Accessing and using the Platform

1. Accessing the Platform

The Platform is accessible 24 hours per day, seven days per week. However, Yoopies reserves the right, without providing notice or compensation, to temporarily suspend the Platform or access to the remote Services in order to carry out work including but not limited to updates, maintenance operations and amendments to the servers.

Yoopies reserves the right to complete or amend the Platform and services available on this Platform at any time.

In the event of temporary or prolonged unavailability of the Platform, in particular in the event of glitches or in the event of permanent closure of the Platform, Yoopies cannot be held liable for the damage that occurs other than damage resulting directly from the non-fulfilment of its obligations specified in this instrument.

Yoopies provides no guarantee that the Platform will function without interruption and that the servers providing access thereto and/or third-party websites for which hypertext links appear do not contain viruses.

Yoopies cannot be held liable in the event that one or more Users are unable to connect to the Platform due to any technical fault or issue.

The Platform connects the following persons:

On the one hand: Service Users who are registered on the Platform in order to be connected with Service Providers. They offer to pay the Service Providers to carry out Personal Assistance Assignments. Service Users’ access to the service is restricted to:

  • Any natural person with full legal capacity to be bound by these General Terms and Conditions in the context of their Personal Assistance needs and not for the purposes of reselling, leasing or exchanging the Services for the benefit of third parties in the form of a professional or occasional activity.

On the other hand: Service Providers offering Personal Assistance Assignments. Service Providers’ access to the service is restricted to:

  • Any natural person aged 16 or over with authorisation to work in the UK and without a criminal record.

Legal persons or natural persons acting on behalf of a legal person are prohibited from registering on the Platform as Service Users without prior written permission from Yoopies, establishing contact with Service Providers, fully or partially recovering the database from the website or using the website.

Yoopies reserves the right to ban any User registered on the Platform and take any legal action if it believes that it has incurred damage of any kind as a result of such acts, more specifically in the event of use of its database for commercial or market research purposes (market research carried out on and/or information collected from Yoopies’users, use of Service Providers’ personal information, misleading advertising, etc.)

Service Users and Service Providers registered on the Platform are jointly referred to as “Members”.

As mentioned above, the Company uses the Platform, provides the technical tools and means allowing Service Users and Service Providers to connect, hosts profiles, messages, Assignment requests and more generally any content generated by these, manages the organisation of and payment for Assignments in accordance with the terms laid down in Clause 5.3.

The Company does not carry out any Personal Assistance Assignments. The Company merely acts as an intermediary for connecting Service Users and Service Providers.

2. Registration on the Platform.

In order to use the Services, the User must register on the Platform by completing the dedicated form in order to become a Member. When doing so, the User must provide all information marked as mandatory when completing a form available online on the Platform. This information must be correct, up-to-date, truthful, and proved upon Yoopies’ first request, as well as updated regularly by the Member via the user profile.

More specifically, the Member must specify a valid e-mail address which will allow them to confirm their registration as well as a telephone number on which they can be contacted.

Yoopies reserves the right to accept or refuse any registration in the event of non-compliance with these General Terms and Conditions.

The Member undertakes to personally use the Platform and refrain from allowing any third party access thereto in their place or on their behalf. The Member undertakes to create just one account.

The Member undertakes to ensure that their username and password are kept secret. Any Assignment carried out using the Member’s username and password will be deemed to have been completed by them, and this Member will therefore be solely responsible for this.

(i) Provisions regarding Service Providers

  • Verification of Information

In order to guarantee Service Users the accuracy of information provided by Service Providers called upon to complete Personal Assistance Assignments, Yoopies offers a Profile Verification System (“Verified Members”). This Verification consists of verifying the identity, personal details and potential qualifications held by babysitters and nannies who have opted for the Verification service.

  • Identity: the Service Provider submits an electronic copy of their identity document (Identity Card, Passport, Residence Permit or Document valid for residents from outside the European Union). Yoopies will verify that the surname, first name and age submitted during registration on the Platform are consistent;

  • Qualifications: if the Service Provider states that they hold certain qualifications, they will submit an electronic copy of these. Yoopies will verify that the qualification has been issued to the surname and name provided during the Service Provider’s registration.

  • DBS document : Yoopies is unable to accept a DBS document that contains one of the offences mentioned into this link (official link and documents of the Uk government) https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Service Providers wishing to be verified will pay an amount of £4, which will cover the costs associated with the Verification.

One week of Premium Subscription is offered to Service Providers for whom a Verification has taken place, as specified in Clause 4.1 below.

By publishing an advertisement, Service Providers agree to Yoopies forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations.

Only the content of the advertisement is automatically forwarded and published on the websites of said Yoopies’partners. Service Providers’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Service Providers, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Platform and must register in order to contact the Service Providers.

(ii) Provisions regarding Service Users

Service Users have the option to publish an advertisement describing the Personal Assistance Assignment for which they wish to find a Service Provider.

By publishing an advertisement, Service Users agree to Yoopies forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations. Only the content of the advertisement is automatically forwarded and published on the websites of said Yoopies’ partners. Service Users’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Service Users, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Platform and must register in order to contact the Service Users.

Clause 4: Conditions for accessing the Service

Access to and registration on the Platform are free of charge. Usage is also free of charge depending on the services required.

Using the internal messaging service and free of charge, Service Providers who are registered with the Platform may contact Service Users who have published an advertisement.

Service Users who are registered with the Platform may view the availability of Service Providers and send a single message free of charge to a Service Provider via the internal messaging service.

Moreover, in addition to registration, Members may choose to sign up for the Premium Subscription service in order to become a “Premium Member”, it being specified that all packages are subject to a fee.

1. Premium Subscription offered to Service Providers

The Verification procedure gives Service Providers the possibility to sign up for the Premium Subscription service offered as a monthly package, allowing them to take advantage of the following benefits:

  • Advertisements of Premium Service Providers will appear at the top of the results list following a default search carried out by Service Users.

  • Premium Service Providers have access to the telephone numbers provided on certain advertisements of Service Users who have agreed to provide these, it being specified that access to Service Users’ telephone numbers is only granted once an initial message has been sent.

The Premium Subscription is tacitly renewed every month and costs £9 per month.

Furthermore, the monthly Premium Subscription is automatically renewed at the end of the week of Premium Subscription offered free of charge during the Verification process.

Subscriptions will be renewed automatically. Renewals can be cancelled at anytime by going to the 'My Account' page - The option is found under 'Premium'

The Service Provider is informed about the automatic renewal at the time of payment for the Premium Subscription and/or during the Verification process. The information is provided on the dedicated page before these actions are carried out, as well as in the e-mail confirming the Premium Subscription and/or the Verification process. Upon each monthly payment due date for the subscription, the Service Provider will receive an e-mail confirming their renewal.

2. Premium Subscription for Service Users

Any Member Service User may sign up for the Premium Subscription Service offered as a monthly, quarterly or annual package, allowing them to take advantage of the following benefits:

  • Advertisements of Premium Service Users will appear at the top of the results list following a default search carried out by Service Providers.

  • Premium Service Users may contact Service Providers on an unlimited basis via the internal messaging service;

  • On an unlimited basis, Premium Service Users may contact Service Users who have published a care advertisement shared via the internal messaging service;

  • Premium Service Users will have access to the telephone numbers of all Service Providers who have agreed to provide these, it being specified that access to Service Providers’ telephone numbers is only granted once a response from the Service Provider has been received via the internal messaging service;

  • Premium Service Users may view advertisements published by other Service Users in relation to Service Provider Assignments. They may contact the Service Users who have created these advertisements via the internal messaging service on an unlimited basis;

  • Premium Service Users may reserve Service Providers;

The after-tax price of Premium Subscriptions can be found on the website in the dedicated area. The price of these subscriptions decreases depending on the subscription period requested:

  • For one month: £29.90 including all taxes

  • For three months: £59.70 including all taxes

  • For one year: £118.80 including all taxes

Payments are made in cash online via credit or debit card: Carte Bleue, Visa, MasterCard.

Service Users must provide their credit or debit card number as well as the expiry date and the three-digit security code on the back of the card. The SSL (Secure Sockets Layer) protocol guarantees complete secrecy of personal information provided online.

All payments are final and no partial or total refund for the subscription will be granted by Yoopies unless a request is made within the legal seven-day cooling-off period. However, this right is lost should you access and/or use the element of the service you purchased, as specified in Clause 9 below.

Service Users are able to submit a discount code offering them a discount on the standard price or a number of days of free subscription.

The Premium Subscription service is tacitly renewed for the same term as the one initially chosen.

It is possible to end the automatic renewal of the Premium Subscription at any time by selecting the “Stop the automatic renewal” option which can be found by clicking on the section “My Account”, then selecting “Premium”, then the “Option” tab.

The Service User is informed about the automatic renewal at the time of payment for the Premium Subscription. The information is provided on the dedicated page before these actions are carried out, as well as in the e-mail confirming the Premium Subscription. Upon each monthly or quarterly payment due date for the subscription, the Service Provider will receive an e-mail confirming their renewal, informing them of the possibility to stop the automatic renewal. If the payment due date is annual, the Service User will receive an e-mail one month before the renewal, informing them of the option to stop the automatic renewal.

In the event that an Assignment is currently in place between a Service Provider and Service User, the Service User may not stop the automatic renewal of the Premium Subscription until the Assignment(s) has/have been completed and/or cancelled.

Clause 5: Description of the Services

1. Internal Messaging Service

A Service User may contact a Service Provider via the internal messaging service. In the first message, they must provide information on their Assignment request: the type of service, frequency, days of the week and hours.

If the Service Provider agrees to contact the Service User, the Service User may then offer:

  • One or more interviews to the Service Provider, specifying the date and times of the meeting and, if the interview will be in person, the place.

  • a telephone interview, in which case it is not necessary to specify the place of the meeting.

Provided that they have signed up for the Premium Subscription service, the Service User may send written messages to a Service Provider, as long as this initial contact has been accepted by the Members. If the Service User has not signed up for the Premium Subscription service, they may only send one written message.

The Service User may access the telephone number provided by the Service Provider as soon as the Service Provider agrees to the contact with the Service User.

A Service Provider may contact a Service User via the internal messaging service. When the first message is sent, the Service Provider is asked to provide their covering letter in response to the Service User’s offer.

The Service User may access the telephone number provided by the Service Provider as soon as the Service User agrees to the contact with the Service Provider.

Provided that they have signed up for the Premium Subscription service, the Service Provider may access the Service User’s telephone numbers as soon as the Service User accepts the contact by the Service Provider.

The Service Provider may accept, refuse or discuss a Service User’s request for an interview.

The Service Provider may accept, refuse or discuss a Service User’s reservation request.

The Service Provider may send written messages to a Service User provided that the initial contact has been accepted by both parties.

2. Reservation (Assignment Request)

The Service User is free to contact the Service Provider outside the Platform and/or make an Assignment Request using the Platform by selecting “Book” on the Service Provider’s profile. A Service User may in any case make an Assignment Request without sending a message to a Service Provider beforehand.

The Service User is free to choose the Service Provider who best meets their needs, either by directly sending them an Assignment Request via the Assignment form or by accepting their application after the Assignment offer has been circulated via the Platform.

Under no circumstances will Yoopies advise or guide the Service User when choosing a professional or when hiring a home-worker. The Service User is solely responsible for selecting the Service Provider who they will contact and they undertake to comply with the legislation in force when drawing up the contracts between them. Yoopies does not guarantee the Service User that the Service Provider has the necessary documents allowing them to carry on a paid or unpaid activity in the UK. Yoopies cannot be held liable under any circumstances.

To reserve a Service Provider, the Service User will complete an Assignment form describing the Personal Assistance Assignment for which they wish to find a Service Provider. More specifically, the Service User will provide the following information on the reservation form:

  • the type of service

  • the frequency of the Assignment (single Assignment or recurring Assignment)

  • the days of the week and hours of the Assignment

  • the start date of the Assignment

  • the end date of the Assignment

  • a personalised message describing the requirements and providing the essential information required in order for the Assignment to be carried out correctly

  • the address of the location of the Assignment

  • a telephone number

In general, the Service User undertakes to provide all information and means necessary to allow the Service Provider to carry out the Assignment and undertakes to pay the Service Provider for their Assignment.

The hourly rate specified on the Platform corresponds to the price for one hour’s work on an Assignment. This price cover Yoopies Platform and admin costs.

The assignment price is displayed under the words “Total cost” in the reservation summary.

If the Assignment is a single one, the price corresponds to the hourly rate multiplied by the number of hours involved in the Assignment.

If the Assignment is a recurring one, the price is the weekly rate (i.e. the number of hours in the week multiplied by the hourly rate).

The price is displayed in pound and includes all taxes.

Service Users are able to enter a discount code. This discount code may offer a reduction on the hourly cost or free Assignment hours. This discount code must be entered into the dedicated “Promo code” box at the time of confirmation of the reservation request and/or at the time of reservation. The Service User must select “Apply” in order to ensure that the discount code is taken into account.

The actual cost of the Assignment corresponds to the sum of the Assignment price and the related costs, minus any grants and tax credits which the Service User may claim. If the Assignment is a single one, the actual cost corresponds to the actual total cost of the Assignment. If the Assignment is recurring, the actual cost corresponds to the actual monthly cost of the Assignment. The actual cost is also related to one Assignment hour.

This document does not constitute legal advice in any way; only legal professionals are authorised to provide such advice.

The Platform in itself does not provide any home-based services. Rather, it acts as an intermediary with a view to connecting Members.

To reserve a Service Provider for a recurring Assignment, the Service User must a Premium Member and retain this type of subscription throughout the Assignment.

3. Paying the price of an Assignment

When an Assignment is first ordered, the Service User must register a credit or debit card by means of which a pre-authorisation request can be made to their bank for the Amounts Committed for the Services (“the Amounts Committed”), namely:

  • the total pr