TERMS OF SERVICE
These Terms of Service (“Terms“) describe the terms on which Aunty Pte. Ltd. (“Company”, “we“, “us” or “our“) offers you access to and use of our Mobile App, Website and Services (collectively, the “Platform”).
- ACCEPTANCE OF TERMS AND AMENDMENTS
1.1. Your use of our Mobile App, Website and Services is subject to these Terms. These Terms apply to all Users of our Mobile App, Website and Services, including service consumers (“Parents”, and “Parent” is to be construed accordingly) and service providers (“Sitters”, and “Sitter” is to be construed accordingly). These Terms also apply in conjunction with any other contracts or policies that apply in relation to the use of our Mobile App, Website and Services.
1.2. The Company may engage external service providers who have entered into service agreements with us to assist us in (a) operating our Mobile App and/or Website; (b) providing our Services to you; or (c) conducting our business generally (“Third Party Service Providers”).
(a) For the avoidance of doubt, such Third Party Service Providers in this Clause 1.2 excludes service providers as stated in the above Clause 1.1.
1.3. By visiting our Mobile App and/or Website, registering as a Registered User, or using our Services, you are deemed to have accepted and agreed to be bound by these Terms, including those additional terms and conditions and policies referenced herein, and the terms and conditions of our Third Party Service Providers.
1.4. We may make changes to these Terms from time to time. If we do so, the revised version of these Terms will be published on our Mobile App and Website with the Effective Date updated accordingly. It is your responsibility to ensure that you are aware of the current Terms. Your continued use of our Mobile App, Website and/or Services after any changes to these Terms shall constitute your acceptance of such changes.
1.5. If you do not accept these Terms, you should not access our Mobile App and/or Website, register as a Registered User, or use our Services.
- CAPACITY TO CONTRACT
2.1. By using our Mobile App, Website and/or Services, you represent and warrant that you have attained at least the age of 18 years, that you are fully capable and competent to accept, abide by and comply with these Terms, and if you are between the age of 13 and 18 years, that you have the consent of a legal parent or guardian to assume fully your obligations under these Terms.
- AVAILABILITY OF MOBILE APP, WEBSITE AND SERVICES
3.1. We aim to ensure that our Mobile App, Website and Services are available to Users a minimum of 99.00% of the calendar year. Notwithstanding this aim, we do not guarantee, represent or warrant that your use of our Mobile App, Website and/or Services will be uninterrupted, timely, secure or error-free.
3.2. You acknowledge and agree that, from time to time, we may have to temporarily block or limit the availability of our Mobile App, Website and/or Services to conduct scheduled maintenance. This will typically be conducted during periods of low usage of our Mobile App, Website and/or Services. We shall use commercially reasonable efforts to minimise the impact of such scheduled maintenance to you and to inform you of these scheduled maintenance periods.
3.3. As a User, you acknowledge and agree that, from time to time and without notice to you, we may:
(a) add, remove, or modify some or all of our Mobile App, Website and/or Services;
(b) temporarily block or limit the availability of our Mobile App, Website and/or Services for indefinite periods of time; or
(c) take any measure necessary to protect the integrity and security of our Mobile App, Website, Services and related computer systems, servers and networks.
- USE OF WEBSITE AND SERVICES
4.1. You shall not use our Mobile App, Website and/or Services for any illegal or unauthorised purpose or in any manner that violates the laws of Singapore, your Jurisdiction, and the country from which you are using our Mobile App, Website and/or Services, or in any manner that is contrary to or in breach of these Terms.
4.2. Without prejudice to the generality of Clause 4.1, you shall:
(a) comply with our Content Standards as set out in Clause 5;
(c) use our Mobile App, Website or Services, including all engagement tools such as in-app chats, rating and review boards, and referral functions, in a professional manner; and
(d) be solely responsible for your engagements and interactions with other Users of our Mobile App, Website and/or Services.
4.3. Without prejudice to the generality of Clause 4.1, you shall not, directly or indirectly:
(a) use our Mobile App, Website or Services for fraudulent purposes;
(b) provide us with false information or create a User Profile with false information or use or attempt to use another individual’s information as your own;
(c) if you are a Registered User, share any of the information, content, conversations or User Profiles that are provided by any User within our Mobile App, Website and/or Services externally to the public otherwise than to the benefit of the Company, where the Company is to have sole and absolute discretion in determining whether anything done is to the benefit of the Company unless expressly authorised by us;
(d) if you are a Parent, use our Mobile App, Website and/or Services for any commercial or business purposes;
(e) transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or any other similar form of solicitation through or on our Mobile App, Website and/or Services, unless expressly authorised by us;
(f) transmit or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, or any other harmful programs or similar computer code of a destructive or malicious nature designed to adversely affect the operation of our Mobile App, Website and/or Services or any computer software or hardware;
(g) duplicate, transfer, reverse engineer, alter or modify any part of our Mobile App, Website and/or Services;
(h) hack into any part of our Mobile App and/or Website through password mining, phishing, or any other means;
(i) disrupt the availability of our Mobile App, Website and/or Services, including through a denial-of-service attack or a distributed denial-of-service attack;
(j) collect, harvest or mine any personally identifiable information relating to our Users;
(k) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights of other Users;
(l) contact another User (whether in a capacity of a Parent and/or Sitter) for any purpose other than in connection with the proper usage of the Platform;
(m) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any Registered User, including without limitation any User Profile not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform; and
(n) send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Clause 5 below.
4.4. By using our Mobile App, Website and/or Services, you hereby acknowledge and agree that:
(a) If you are a Parent, it is your responsibility to select a Sitter and negotiate the terms of any agreement between you and the Sitter selected, and that we make no warranty and/or representation regarding any services obtained through an introduction made via the Mobile App, Website and/or Services or any transactions entered into through the Mobile App, Website and/or Services.
(b) The Company makes no warranty and/or representation of the accuracy or completeness of any User Profile, and relies solely on information provided by a User.
(c) The Company does not employ, verify, recommend or endorse any Parent or Sitter, and we rely on data provided by Registered Users to determine which Parents or Sitters are registered on the Mobile App, Website and/or Services.
(d) The Company does not guarantee, and makes no warranty and/or representation that it is able to find a Sitter suitable for a Service Request Job, where such suitability includes competence and whether a Sitter has certain qualifications or accreditations.
(e) The Company does not guarantee, and makes no warranty and/or representation that a Sitter to whom a Service Request Job has been sent will contact you and/or accept the Job.
(f) We do not represent that the information contained in the Mobile App, Website or in any communication from us, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete and such information may contain inaccuracies, typographical, human and/or machine errors, or omissions. Although the Company provides you with functions to help you connect with Sitters or Parents (as the case may be) and make informed decisions:
- If you are a Parent, you are solely responsible for selecting an appropriate Sitter, including making any inquiries or requesting evidence of personal identity and any specific trade or professional qualifications where necessary, and also for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Sitter; and
- If you are a Sitter, you are solely responsible for selecting an appropriate Parent and/or accepting a Service Request Job, and for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Parent.
(g) The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same.
(h) The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional or other regulatory license.
4.5. In addition to Clause 4.4 above, by using this Mobile App, Website and/or Services as a Sitter, you hereby acknowledge and agree that:
(a) The Company makes no guarantee, warranty and/or representation that it will refer any Service Request Jobs to you.
(b) The Company makes no warranty and/or representation as to the availability or suitability of any particular Job.
(c) Where a specific trade accreditation, qualification or registration is required to be held by you for any particular Job, you shall, where requested by the Parent, furnish evidence of the relevant accreditation, qualification or registration prior to commencement of the Job to the Parent at your own cost.
(d) You must ensure that you are physically and legally able to perform the work specified in any Job description you tender for.
(e) In relation to any specific Job, the Company shall not be liable to you for any occurrence resulting from the introduction of the Parent to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising.
(f) The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license.
4.6 We reserve the right to terminate any User’s account for suspicion of any breach of the provisions contained in this Clause 4, without giving notice. Information and/or data from the said terminated User’s account shall be dealt with pursuant to the PDPA.
- SUBMISSIONS AND CONTENT STANDARDS
5.1. You agree that any and all content and material which you contribute through or on our Mobile App, Website and/or Services (your “Submissions”) shall, in part or in whole, adhere strictly to the standards set out in Clauses 5.2 and 5.3 (our “Content Standards”).
5.2. Your Submissions must:
(a) to the extent that they contain facts, be accurate in relation to those facts;
(b) to the extent that they contain opinions and beliefs, be genuinely held in relation to those opinions and beliefs; and
(c) comply with the applicable laws of any country from which they are contributed.
5.3. Your Submissions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote or attempt to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups;
(d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) infringe any intellectual property rights, including copyright, patent rights, design rights, trade marks, or database right;
(f) contain any threatening, abusive or insulting communication;
(g) contain any material which causes or may be likely to cause harassment, alarm or distress to any person;
(h) provoke or promote the use of violence;
(i) advertise or distribute any obscene film or party political film;
(j) be likely to deceive any person;
(k) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(l) promote any illegal activity;
(m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and
(n) give other Users the impression that such Submissions were made by us, if this is not the case.
5.4. You shall be solely responsible for your own Submissions. You represent and warrant that you have the necessary rights, licences and permission to make such Submissions.
Subject to Clause 11, we will not control, verify, approve, or edit your Submissions. We make no guarantee as to the accuracy, validity or legality of any Submission by Users. Users are responsible for checking the veracity of their Submissions and the Submissions of other Users.
5.5. Information provided by Users to online chats conducted will be reviewed and monitored by the moderators of such online chats (i) if an issue arises between either User and such an issue is escalated to a moderator; and/or (ii) if the online chat is, in the sole and absolute discretion of the moderator(s), being used for purposes other than securing a Service Request Job. The moderators will not be involved in approving Submissions that are provided by Users before publication, nor in modifying the content of any Submissions.
5.6. Users’ Submissions do not represent the views of the Company.
5.7. If you wish to provide us with feedback on any Submission on our Mobile App, Website and/or Services, please email us at: firstname.lastname@example.org.
- PRIVACY AND PERSONAL DATA
6.2. If you are a Sitter:
(b) you should only enter data relevant to your purpose for using our Mobile App, Website and/or Services;
(c) you should be aware of any data that is personally identifiable or sensitive to you and consider if you wish this data to be made available to our other Users; and
(d) if a Parent enters personal data in our Mobile App, Website and/or Services, whether voluntarily or in response to a request by you, you should be aware of your responsibilities in relation to such personal data under the PDPA. You are responsible for ensuring that such personal data is flagged and treated as private.
6.3. If you are a Parent:
(b) you should only enter data relevant to your purpose for using our Mobile App, Website, and/or Services;
(c) you should be aware of any data that is personally identifiable or sensitive to you and consider if you wish this data to be made available to our other Users;
(d) you should be aware of and consider the appropriateness of requesting for any information that requires Sitters to provide personal data; and
(e) if a Sitter enters personal data in our Mobile App, Website and/or Services, whether voluntarily or in response to a request by you, you should be aware of your responsibilities in relation to such personal data under the PDPA. You are responsible for ensuring that such personal data is flagged and treated as private.
6.4. Any non-personal information or Submission you send to or through our Mobile App and/or Website (including by way of our Mobile App and/or Website’s engagement walls) that does not constitute personal data, such as questions, comments, or suggestions, is not encrypted and will not be treated as confidential.
- INTELLECTUAL PROPERTY RIGHTS
7.1. All contents of our Mobile App, Website and Services, including but not limited to information, text, graphics, images, layout, designs, pictures, logos, marks, code, scripts, UI/UX features or other proprietary materials are the intellectual property of the Company or its licensors and are protected by copyright, trademark, patent, design and other intellectual property rights, as the case may be.
7.2. As a Registered User, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, reproduce, distribute or display your personal data for any purpose, to the extent that all copyright and other intellectual property rights throughout the world in your personal data does not vest in us by operation of law or the other provisions of this Agreement.
7.3. You shall retain ownership of any Submission that you contribute to our Mobile App, Website and/or Services. We will only use, reproduce, distribute, transmit, process, adapt, modify, or display your Submissions for our own purposes after we have informed you of such purposes and have obtained your consent to the same.
- BILLING, PAYMENT PROCESSING AND CREDITS
8.1. All charges and purchases incurred on or via the Mobile App, Website and Services, are payable in advance and final. Payment processing related to any transactions made via or on the Mobile App, Website and Services is performed by either the Company directly or by a third party payment processor. We have no control over any payments or transactions processed by third party payment processors, nor do we have the ability to reverse any payments or transactions processed via the third party payment processors. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of any transaction conducted by you, including, but not limited to, instances where your payment was not properly processed by the third party payment processors. It is solely your responsibility to confirm that your payment for any transaction has been processed and completed successfully. We do not provide refunds for any purchases that you might make on or through the Mobile App, Website and the Services. The respective payment processes by third party payment processors may be subject to its own terms and conditions governing the use of such payment methods and you hereby acknowledge and agree that you shall be bound by them when using such payment process
8.2. When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase of and/or payment for any transaction (including without limitation, of Credits (defined below)) or other fees incurred by you.
8.3. If your use of the Mobile App, Website and Services, your purchase of any Credits or any transactions conducted thereon is subject to any type of goods and services tax (“GST”), then the Company may also charge you for those taxes, in addition to the transaction amount or other fees as may be applicable.
8.4. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Company may terminate your access to your Account.
8.5. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Company reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Company will allow you to register again.
8.6. The Company may make available an account balance associated with your Account (the “Credits”). Credits are neither a bank account balance nor any kind of payment instrument. It functions as a prepaid balance to order Services. You may place funds in your Account up to a maximum amount determined by the Company, by credit card, prepaid card, promotional code, or any other payment method accepted by the Company. The Company may change or impose different Credits or Account balance and usage limits from time to time.
8.7. You will be notified by e-mail of any change to the Credits or Account balance and usage limits within sixty (60) calendar days before the entry into force of the change. Your continued use of your Credits or Account balance more than thirty (30) calendar days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to terminate your Account or to cease use of your Credits or Account balance. The Company shall not have any obligation to refund any credits remaining on your Credits or Account balance in this case.
8.8. You may use Credits to pay Sitters for their services. All Credits purchased are non-refundable and non-transferable and cannot be resold or exchanged for any value (apart from as payment for services of the Sitters). Credits must be used within one (1) year of purchase, and will expire thereafter. Credits will expire at 23:59 hours Singapore time (GMT +08:00 hours) on the first anniversary from the date of purchase. For example, Credits purchased on 1 January 2023 will expire at 23:59 hours Singapore time (GMT +08:00 hours) on 1 January 2024. Expired Credits are not extendable, and will be forfeited without refund, replacement or exchange of any kind. Credits do not constitute a personal property right, have no value outside of the Mobile App, the Website and the Services and can only be used to pay Sitters for their services. Credits have no cash value and are not exchangeable for cash. Credits that are deemed unclaimed property may be turned over to the applicable authority.
- THIRD PARTY WEBSITES
Our Mobile App and/or Website may include links to third party websites, plug-ins and applications (“Third Party Websites”). We do not own or control Third Party Websites and shall not be responsible or liable for any damages, claims or liability arising from or related to your use of such Third Party Websites.
- LIMITATION OF LIABILITY
10.1. You acknowledge that your engagement with/of a Parent or Sitter, who for the avoidance of doubt, are not our employees, servants or agents acting in the course of their employment, of your choice is entirely at your own risk and that, unless otherwise expressly prohibited by law, we are not liable for any death or personal injury that may arise from or out of connection of an engagement with such Parent or Sitter, from the use of our Mobile App, Website and/or Services.
10.2. We aim to bring childcare supply and demand together through our Mobile App, Website and/or Services. We are not an intermediary agency and are not the contracting party regarding the Sitter. Our Mobile App, Website and/or Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement, and any warranty or representation that we asses or monitor the suitability, legality, ability, movement or location of any Registered Users including Sitters and Parents and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to a Registered User and/or Third Party Service Provider.
10.3. You acknowledge that we have no control over the information that can be accessed by using the Mobile App, Website and/or Services, and that we may not be in a position to examine your use of the Services or the nature of the information you are providing. You shall therefore not hold us liable in any way in relation to the transmission or reception of any such information.
10.4. Where you rely or act upon any of the information contained within the Mobile App, Website and/or Services, you do so entirely at your own risk. We bear no responsibility for verifying the identity of Registered Users, the choice of the selected Sitter and the final quality of a Sitter’s work on a Job, and by using our Mobile App, Website and/or Services, you accept the risks associated. By using our Mobile App, Website and/or Services, you bear the sole responsibility of verifying the Parent’s or Sitter’s (as the case may be) identity, and assessing the Sitter and the quality of the Sitter’s work on a Job. You understand that by using the Mobile App, Website and/or Services that you and/or members of your family may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and you use the Mobile App, Website and/or Services at your own risk.
10.5. You agree that your use of, or inability to use, our Mobile App, Website and/or Services is at your own risk. We will not be liable to you for any loss or damage, including without limitation lost business, lost profits, business interruption, loss of business information, loss of data or any other pecuniary loss, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Mobile App, Website and/or Services, or your use of or reliance on any content within our Mobile App, Website and/or Services.
10.6. You are solely responsible for your provision of personal data and Service Request Job listings to our Mobile App, Website and/or Services. To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns shall not be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, for any lost profits, sales, revenue or business, business interruption, loss of anticipated savings, loss of data, loss of goodwill or reputation, or any similar damages, whether based in contract, tort (including negligence), defamation, or otherwise, arising from your breach of these Terms and/or the information your provide through your use of our Mobile App, Website and/or Services.
10.7. Without limiting the generality of Clauses 9.4 and 9.5, you agree not to hold us responsible for any damages or other liabilities arising from Service Request Jobs fulfilled by any Sitter. In particular, but without limitation to the generality of the foregoing, the Company shall not be held liable in relation to the quality or fitness of any Job performed or omitted to be performed by any Sitter and accordingly shall not be liable to you for any occurrence or omission resulting from the introduction of the Sitter to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising. We do not and cannot be involved in Users’ dealings with Sitters, or control whether or not Sitters will complete any Jobs as agreed and in the event that a User has a dispute with one or more Sitters, the User hereby releases us (and our agents and employees) from any and all claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10.8. We will not be a party to disputes or negotiations between you and Users. Responsibility for the decisions you make regarding the use of the Mobile App, Website and/or Services (with all the implications) rests solely with and on you. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of the Mobile App, Website and/or Services, or in any way related to a User and/or Third Party Service Provider.
10.9. Unless otherwise stated, and to the fullest extent allowed by law, any claims against us by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Mobile App, Website and/or Services to secure the particular Job giving rise to such claims.
11.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from your breach of these Terms and/or the Submissions you make through your use of our Mobile App, Website and/or Services.
11.2. This indemnification shall not prejudice any other rights or remedies available at law to the Company.
12.1. We reserve the right to suspend or discontinue our Service to individual Registered Users, with immediate effect, as we see fit and in circumstances including, but not limited to:
(a) Use of our Mobile App, Website and/or Services in a manner that violates Clauses 4.1, 4.2 and/or 12.1;
(b) Use of our Mobile App, Website and/or Services that constitutes a type of violation set out in Clause 4.3; and
(c) Failure to amend or remove Submissions that do not comply with our Content Standards as set out in Clause 5.
12.2. In the event that you breach any term hereof, we shall have the right, at our sole discretion, to immediately remove your account with us or ban or terminate your access to and use of our Mobile App, Website and/or Services at any time and without prior notice, and we reserve the right to take any action as we consider appropriate or necessary under the law, including without limitation removing any information provided which we deem to be in breach of our Content Standards, or taking legal action against you.
13.1. By accessing and using the Platform, you hereby acknowledge and agree that:
(a) you will not, whether directly or indirectly, solicit, induce or entice, or attempt to solicit, induce or entice, any Parent or Sitter away from the Platform (for example, in transacting or making arrangements privately and/or off the Platform or terminating their relationship with the Platform and the Company);
(b) you will not utilise any personal data obtained through the Platform to contact another Parent and/or Seller for any purpose other than in connection with the proper usage of the Platform;
(c) if you are a Sitter, you will not offer, provide or accept any Private Engagements with a Platform-sourced Parent; and
(d) if you are a Parent, you will not offer, request or accept any Private Engagements with a Platform-sourced Sitter.
13.2 For avoidance of doubt, any general advertisement or publication:
(a) by a Parent requesting for babysitting or caregiving services; or
(b) by a Sitter offering babysitting or caregiving services,
shall not be deemed to be in breach of Clause 12.1 above.
13.3 For the purposes of this Clause 12:
(a) “Platform-sourced Parent” means a Parent that was first introduced to a Sitter, and to whom the services of the Sitter are provided to, through the usage of the Platform;
(b) “Platform-sourced Sitter” means a Sitter that was first introduced to, and/or sourced or engaged by, a Parent through the usage of the Platform; and
(c) “Private Engagement” means any Service Request Job or arrangement, engagement and/or transaction for services made by and between a Parent and a Sitter privately and externally without the use of the Platform.
14.1. We may at any time and without the need for further consent from you assign or transfer any or all of our rights or obligations under these Terms to any person.
14.2. You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.
- ENTIRE AGREEMENT
If at any time any provision hereof shall become or be declared illegal or invalid or unenforceable for any reason whatsoever, that provision shall be severable from these Terms without affecting or impairing the legality, validity or enforceability of any of the remaining provisions, and these Terms shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
- GOVERNING LAW AND JURISDICTION
17.1. These Terms will be governed by and construed in accordance with the laws of the Republic of Singapore.
17.2. You irrevocably agree and submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any dispute or claim that arises out of, or in connection with, these Terms.
In these Terms, the following words and expressions have the following meanings, unless they are inconsistent with the context:
“Company”, “we”, “us” or “our” means Aunty Pte. Ltd. (a company incorporated under the laws of the Republic of Singapore and holding registered company number: 202117870K), with registered office at 10 Anson Road, #10-11, including where the context so allows, its shareholders, employees and affiliates;
“Content Standards” has the meaning ascribed to it in Clause 5;
“Jurisdiction” means the country that is the domicile of the User or the place where the User ordinarily resides in;
“Mobile App” means the aunty! mobile application;
“Parent” means the caregiver or legal guardian of a child, and “Parents” shall be construed accordingly;
“PDPA” means the Personal Data Protection Act 2012 of Singapore, including any subsidiary legislation, directives or regulations issued thereunder, and any amendments made thereto;
“personal data” means data, whether true or not, about a User who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access, which is provided to us or any other User in relation to or in connection with any Service including information provided during registration, Service Request Job listings, the rating of Sitters and Parents and any other communication processes arising as a result of your use of the Mobile App, Service and/or Website;
“Registered User” means, collectively, any Parent and/or Sitter that has registered with the Company, and “Registered Users” shall be construed accordingly;
“Services” means the services, information and resources provided by the Company to Registered Users through our Mobile App and/or Website;
“Service Request Job” or “Job” means work carried by any Sitter, for or on behalf of any Parent;
“Sitter”, “Nanny”, “Aunty”, “Babysitter” or “Childcarer” means a caregiver for children, and “Sitters”, “Nannies”, “Aunties”, “Babysitters” or “Childcarers” shall be construed accordingly;
“Terms” means these Terms of Service, as amended by us from time to time;
“Third Party Service Providers” means external service providers who have entered into service agreements with us to assist us in (a) operating our Mobile App and/or Website; (b) providing our Services to you; or (c) conducting our business generally.
“Third Party Websites” means websites which are not owned or controlled by the Company;
“User” or “You” means any user of or individual who accesses the Mobile App, Website and/or Services;
“User Profile” means the information and personal data provided by a Parent or Sitter when creating an account on the Company’s Mobile App and/or Website as a Registered User; and
“Website” means the entire website accessible at or through https://www.aunty.sg, its sub-domains, sub-directories, or associated web-portals, and the content contained therein, as well as any program for accessing the same through mobile technology, where such domains and portals are under the editorial control of authorized members of the Company.