Terms and Conditions
1. Contents of this online offer
Hallo Familie GmbH & Co. KG, Oldenburg/Berlin operates online, user-specific intermediary platforms (HalloBabysitter.de, Babysitter.at). These platforms firstly collect e.g. service offers from natural persons (hereinafter referred to as “service providers”) in a database under certain selection criteria, and secondly make available at a charge the collected offers to interested parties (hereinafter referred to as “users”). The aim is to find caregivers for families and single parents without obligation. The platforms can be used by natural and legal persons or groups with legal capacity according to the following conditions. The determination as a natural person or legal person is done by means of a button within the registration process for the selected platform.
2. Contract conclusion
A contract with a user is constituted when the user has successfully performed the menu-supported payment procedure and as a result gained access to the database for a specific period of time, e.g. via premium access. The same applies to a service provider when the service provider’s offer (e.g. entry of personal application data as a child minder) has been accepted during the menu-supported registration process.
3. Service provisions
Hallo Familie GmbH & Co. KG provides databases within which service providers offer concrete services and users can access the service providers via specific search functions. The purpose is to enable direct contact between the service provider and the user. This does not constitute an obligation to ensure the success of the contact. The platform is merely an intermediary platform which can be used by the user at a charge and for a limited period of time. Likewise, Hallo Familie GmbH & Co KG offers further relevant information (further training, child and adult education, online seminars, live chats, etc.) as part of its service obligation for all users of this service. The information about this will be sent to the users by e-mail. These offers represent a useful addition to the existing mediation offer. By registering as a user and confirming the double opt in the procedure as part of the initial registration/new registration, the user expressly declares his consent to this procedure. This consent can be revoked at any time by sending an email to newsletter@hallobabysitter.de.
4. Use by service providers
Use of this online platform is free of charge for service providers. A service provider is a person who has registered as a babysitter, child minder, nanny or replacement granny/grandad. The minimum age requirement for registering is 16 years.
5. Premium membership for users, contract duration, contract cancellation
As part of the menu-guided payment process, database accesses (premium membership) for different durations are explicitly shown in terms of price and performance and must be confirmed by the user by clicking on the corresponding button in order to trigger the subsequent payment process. Click here to see the price list for private users. Separate tariffs apply for use as a legal person.
5.1 The right to extraordinary cancellation for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
5.2 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation device provided in the user’s user account (cancellation button).
5.3 If the user chooses payment by direct debit, he revocably authorises HalloFamilie GmbH und Co. KG to withdraw the payment due from the account and bank specified in the order process. In the event of a returned debit, the user undertakes to pay the fee incurred for this (consisting of bank and processing fees charged by the payment service provider) of up to EUR 7.00 per direct debit. A returned debit is sent for example in the case of insufficient funds in the account, dissolution of the account, or contradiction by the account holder. Other terms apply if the returned debit is not the fault of the user. Fault is constituted especially if the user enters false information about the bank account, or his account does not contain sufficient funds.
6. Information and deletion of personal data
The user has the right to comprehensive information about his personal data at any time (see data protection declaration). They may also request the complete deletion of their personal data at any time. If this is requested as part of the current subscription, this request is equivalent to cancellation. Data will then be deleted after the end of the contract period (premium membership), unless use has been agreed free of charge (e.g. for babysitters, childminders, etc.).
7. Guarantee and data quality
Hallo Familie GmbH & Co. KG merely provides access to the data provided by the service provider/user. This data only undergoes a plausibility check. No guarantee is given for the correctness and completeness of the data, nor for its current nature. The service provider/user bears the responsibility for assessing the correctness and completeness of the information given during initial contact with the other party.
8. Liability for breaches of obligations
Service providers and users are liable in full for the correctness and lawfulness of the information they provide. This applies in particular to photos and videos posted. These may not be encumbered by third-party rights (e.g. copyright, personal rights) in as far as consent from the owner of the rights is not available. Hallo Familie GmbH & Co. KG is liable in this respect only in as far as it fails, upon gaining knowledge of the facts and in a grossly negligent way or with intent, to remove the violation of rights within a reasonable period of time (e.g. by deleting the relevant operation). Therefore, a liability constellation only applies to the relationship between the service provider/user and the owner of the rights (the third party).
9. Copyright
The copyright for objects, texts, audio documents, video clips, animations, graphics and the like created by and published by Hallo Familie GmbH & Co. KG remains exclusively with Hallo Familie GmbH & Co. KG. Any reproduction or use in other electronic or printed publications is not permitted without the express consent in writing of Hallo Familie GmbH & Co. KG.
10. Data protection terms
We hereby inform the service providers/users of this service in accordance with the provisions of the dsgvo as well as the Teleservices Data Protection Directive that Hallo Familie GmbH & Co. KG automatically processes and publishes in machine-readable form addresses for the purposes of services which result from the content of our services. Upon entry of their personal data, service providers and users expressly declare their consent to a publication and transfer of this data within the framework of the appropriate fulfilment of this online offer by Hallo Familie GmbH & Co. KG or by third parties engaged by Hallo Familie GmbH & Co. KG. Please note our Data protection declaration.
11. Referrals and links
Hallo Familie GmbH & Co. KG is only liable for direct or indirect links when it would have been technically possible and reasonable to prevent their use in the case of illegal content within a reasonable period of time. This restriction applies equally to all entries by third parties, e.g. in guest books, discussion forums and mails.
12. Behaviour with relevance in civil and criminal law
If service providers/users or third parties use personal data and information for unintended purposes (e.g. violence, sexist use etc.), Hallo Familie GmbH & Co. KG reserves the right to take corresponding action under criminal or civil law. In this respect, Hallo Familie GmbH & Co. KG is entitled to pass on all available information to the responsible official bodies (authorities, courts etc.) as soon as a concrete initial suspicion of misuse is constituted as far as this appears appropriate for the pursuing of illegal actions. This sustainably protects the proper use of this service offer from illegal misuse.
13. Information about right of revocation
Users have the following right of revocation:
Right of revocation
You have the right to revoke this contract within fourteen days without stating reasons. To exercise your right of revocation, you must notify us, Hallo Familie GmbH & Co. KG Kerschensteinerstraße 29, 26131 Oldenburg, phone +49 (0) 30 36405611, email: info@hallobabysitter.de of this by means of a clear declaration (e.g. a posted letter or email) of your decision to revoke this contract. To do this, you can use the Revocation form provided, however this form is not mandatory. To adhere to the revocation deadline, it is sufficient that you send the notification about exercising your right of revocation before expiry of the revocation deadline.
Consequences of revocation
If you revoke this contract, we are obliged to refund to you without delay and at the latest within fourteen days of the day on which we receive your notification of revocation of the contract all payments we have received from you, including delivery costs (with the exception of additional costs which result from the fact that you selected another kind of delivery to the standard, cheapest form of delivery we offer). For this payment we use the same payment channel you used for the original transaction, unless we expressly agree otherwise with you. In no event will we charge fees for this refund. If you demanded that the service should start during the revocation period, you must pay us a reasonable amount which corresponds to the share of services already provided to you up to the time when you notified us of your exercising of your right of revocation of this contract compared to the overall scope of services provided for in the contract.
— Annex Revocation Form —
Template for Revocation Form
(Should you wish to revoke the contract, please fill in this form and send it to us.)
– To
Hallo Familie GmbH & Co. KG
Kerschensteinerstraße 29
26131 Oldenburg, Germany
Phone +49 (0) 30 36405611
Email: info@hallobabysitter.de
–I/we (*) hereby revoke the contract I/we (*) concluded for the purchasing of the following goods (*)/ provision of the following service (*)
– Ordered/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only in case of notification on paper)
– Date
_____________
(*) Cross out option not applicable.
End of the Information about right of revocation
14. Place of jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods.In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. In the event of a dispute, these terms and conditions shall be interpreted in favour of the user.