WINELAND NANNIES (PTY) LTD
TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Wineland Nannies (Pty) Ltd (hereinafter "Wineland Nannies") is a childcare provision and introduction agency, with its registered address being 34 Main Road, Franschhoek, 7690. 1.2 These terms and conditions govern the use of our services by clients who may book nanny and childcare related services through our platform. 1.3 By making a booking via the Wineland Nannies platform, you acknowledge that you have read, understood and agree to be bound by the terms and conditions contained herein.
2. DEFINITIONS
2.1 "Client" means any person such as a parent, guardian, or other individual who has requested the appointment of a Nanny / Sitter for the purposes of childcare related services. 2.2 "Nanny / Sitter" means an individual contracted to and registered with Wineland Nannies, who provides childcare related services to clients of Wineland Nannies. 2.3 "Night Nanny" means any Nanny / Sitter contracted for the purposes of providing overnight care for infants and children in the client's home during the hours of 19:00pm and 07:00am. 2.4 "Maternity Nanny" means any Nanny / Sitter contracted for the purposes of providing specialised care to newborn babies and support to the mother during the pregnancy or postpartum period. 2.5 "Live-In Nanny" means any Nanny / Sitter who resides in the client's home for the purposes of providing childcare related services. 2.6 "Booking" means an approved and confirmed request made by a client for the appointment of a Nanny / Sitter for the purposes of childcare related services at an agreed upon date, time and location. 2.7 "Booking platform" means the website, booking system or alternative communication channels through which Wineland Nannies facilitates the bookings between clients and Nannies / Sitters. 2.8 "Child" or "Children" means the minor child or children for whom the childcare services are requested and provided for. 2.9 "Shared booking / Group booking" refers to an arrangement by which multiple persons or families book the same Nanny / Sitter at the same time and date, and share the service and costs related thereto.
3. SERVICES
The Services include but are not limited to the following: 3.1 Wineland Nannies acts as an introduction and booking agency, which provides clients with carefully vetted and experienced childcare professionals. 3.2 Upon requesting the services from Wineland Nannies, a client will be assigned a contracted Nanny / Sitter for performance of the services. 3.3 The services performed by the Nannies / Sitters include, but are not limited to the following:
3.3.1 Supervising and ensuring the safety of the client's child or children;
3.3.2 Preparing and serving meals and/or snacks;
3.3.3 Assisting with homework and/or educational activities;
3.3.4 Engaging in playtime and recreational activities;
3.3.5 Following bedtime routines and household rules;
3.3.6 Administering medication if authorised by the parent or guardian; and
3.3.7 Any other duties as requested by the client, and agreed upon by the parties.
4. SELECTION PROCEDURE
4.1 Wineland Nannies utilises a strict selection procedure, to ensure that all Nannies / Sitters possess the relevant experience and qualifications. 4.2 Prior to appointment, aspiring Nannies / Sitters are required to submit a written application. 4.3 The written application must be accompanied by the following:
4.3.1 A certified copy of the Applicant's identification document;
4.3.2 Certified copies of all relevant qualifications obtained by the Applicant;
4.3.3 A minimum of two (2) contactable employment or service related references;
4.3.4 A valid criminal record check (not older than six (6) months);
4.3.5 Certified copies of First Aid, CPR and Paediatric First Aid training certificates;
4.3.6 Confirmation of up to date vaccination records;
4.3.7 Any additional documents that may be relevant to ensure the Nanny / Sitter's suitability for delivering of the services. 4.4 Wineland Nannies will conduct a thorough review of the applications received, and invite suitably experienced and qualified nannies for an interview conducted by the owner of Wineland Nannies, Ms Sue Marais. 4.5 The outcome of the interview, along with the written application and applicable documentation undergo a thorough review and verification process. Upon completion of a successful review, the successful applications are approved and signed off by Wineland Nannies, after which the contracted Nanny / Sitter is admitted to the Wineland Nannies register. 4.6 Wineland Nannies requires that all Nannies / Sitters possess a minimum experience of three (3) years in childcare related services and/or employment. 4.7 The average age of appointed Nannies / Sitters on the register are mid-twenties to mid-forties, which comprises the junior and senior Nannies / Sitters.
5. BOOKING AND PAYMENTS
5.1 Full payment of the agreed upon fee is due to confirm and secure your booking. 5.2 Payment can be made via the Wineland Nannies website, utilising electronic fund transfer or credit card. 5.3 Upon receipt of payment, you will receive a formal confirmation of the booking and the details of the appointed Nanny / Sitter. 5.4 Should a client want to request the services of a specific Nanny / Sitter, they are required to inform Wineland Nannies of such, after which Wineland Nannies will correspond with the Nanny / Sitter to confirm her availability. 5.5 Bookings may be amended no less than twenty-four (24) hours prior to the agreed upon booking date and time. The facilitation of such amendments are subject to availability.
6. CANCELLATIONS AND REFUNDS
6.1 All related transaction fees incurred during the course of processing refunds, will be payable by the client. Wineland Nannies reserves the right to deduct all transaction fees from the refund amount. 6.2 A cancellation fee of 25% will apply to all cancellations. 6.3 A full refund will be issued to the client should a booking be cancelled no later than twenty-four (24) hours prior to the agreed upon booking date. 6.4 No refund will be issued for bookings cancelled less than twenty-four (24) hours prior to the agreed upon booking date and time. 6.5 All refunds will be processed within twenty one (21) business days, however the date of reflection in the client's account may be influenced by the payment, account and / or card type. 6.6 In the event that a Nanny / Sitter is booked, and for reasons beyond Wineland Nannies' control the Nanny / Sitter cancels at short notice or fails to arrive for the scheduled booking, Wineland Nannies will endeavour to find a suitable replacement for the client. In the event that Wineland Nannies is unable to do so, a full refund will be issued to the client. 6.7 Nannies / Sitters will not receive payment for cancelled or non-refundable bookings, or for hours not worked.
7. NIGHT NANNY AND MATERNITY NANNY SERVICES
7.1 The standard services provided by Night Nannies include but is not limited to the following:
7.1.1 Feeding;
7.1.2 Changing;
7.1.3 Soothing;
7.1.4 Sleep support; and
7.1.5 Monitoring of children. 7.2 Medical care is not included. In the event of a medical emergency, the client and/or emergency services will be contacted. 7.3 Maternity Nannies are available upon request, however whether such a request will be fulfilled remains subject to availability. 7.4 The booking, payment and cancellation arrangements in relation to the appointment of Night and Maternity Nannies are as follows:
7.4.1 Bookings must be made no less than two (2) hours prior to the commencement of the requested booking time. Acceptance of any booking remains subject to availability;
7.4.2 A minimum booking duration of ten (10) hours apply for all overnight bookings;
7.4.3 Full payment is required to confirm and secure all bookings;
7.4.4 Bookings may be amended no less than twenty-four (24) hours prior to the scheduled booking time. Such amendments are subject to availability;
7.4.5 A full refund will be issued to the client if the booking is cancelled no less than twenty-four (24) hours prior to the scheduled booking time;
7.4.6 The client will be liable for the full payment of all transaction related fees incurred as a result of the processing of refunds;
7.4.7 A cancellation fee of 20% will apply to all cancellations;
7.4.8 No refunds will be issued for cancellations made less than twenty-four (24) hours prior to the scheduled booking time.
7.4.9 Nannies will not receive payment for cancelled, or non-refundable bookings, and hours not worked.
8. NANNY CAMS
8.1 Clients are permitted to utilise nanny cams, although clients are encouraged to take note of the following legal regulations in regard to the use of nanny cams:
8.1.1 The use of nanny cams is governed by the Regulation of Interception of Communications and the Provision of Communication Related Information Act (RICA).
8.1.2 This Act upholds the Constitutional right to privacy, and it is therefore required that you seek written consent from both your allocated Nanny / Sitter, and that of the owner of Wineland Nannies, Ms Sue Marais, before you set up, and/or make use of, any camera(s). 8.2 Wineland Nannies will not unreasonably withhold consent for the use of nanny cams, in so far as the client has ensured compliance with the relevant legal authorities. 8.3 In the case of a Live-In Nanny, the following prohibitions on the use of cameras will apply:
8.3.1 The client is not permitted to place any cameras in private rooms, such as her bedroom and / or bathroom.
8.3.2 The client is further prohibited from placing a camera in a room where a person may hold a reasonable expectation of privacy.
8.3.3 Non-compliance with the above mentioned prohibitions will constitute a criminal offence. 8.4 It is the client's responsibility to ensure compliance with the relevant legal authorities. 8.5 Illegal use of nanny cams will constitute a criminal offence, and may result in fines or imprisonment.
9. UNDERTAKING BY CLIENT
9.1 The Client undertakes to complete the "Child Info Sheet", and return such to Wineland Nannies, no less than twenty-four (24) hours prior to the scheduled booking. 9.2 Nannies / Sitters are not allowed to take any food / drink (except water) with them to any booking for health and safety reasons. Accordingly, the Client undertakes to provide the Nanny / Sitter with refreshments and a light meal if the Nanny / Sitter is booked for a continuous period of more than five (5) hours. 9.3 The Client must ensure the environment in which the Nanny / Sitter is looking after the child(ren) and / or is staying, is safe, clean, and suitable. 9.4 Any relevant medical or behavioural conditions of the child(ren) must be disclosed in advance. It is the responsibility of the client to ensure that the Nanny / Sitter clearly and fully understands any special and / or medical needs of the child(ren).
10. NANNY TO CHILD RATIOS
10.1 The following non-negotiable nanny to child ratios will apply to all group, event or shared bookings:
10.1.1 Children under the age of four (4) - One (1) nanny for every two (2) children;
10.1.2 Children over the age of four (4) - One (1) nanny for every four (4) children; 10.2 Alternatively, one (1) private nanny per family is required. 10.3 Where the number of children present at a booking exceeds the number of children confirmed by the client during the booking process, Wineland Nannies reserves the right to cancel the booking without refunding the client. 10.4 The recommended nanny to child ratios are vital in ensuring the safety of the children in the care of the Nanny / Sitter, as well as ensuring that the services are rendered to the required standard.
11. LIABILITY AND INDEMNITY
11.1 In utilising the services of Wineland Nannies, the client does so entirely at his / her own risk. While Wineland Nannies undertakes to ensure that all Nannies / Sitters contained in its register are suitably qualified and possess satisfactory experience in childcare related services and / or employment, the client however accepts that no amount of reference and background verifications can guarantee a risk-free service. 11.2 Wineland Nannies will not be liable to the client in any way for any loss, injury, or damage which may be sustained or suffered by any person as a result of or arising from the carrying out of the services, irrespective of how or by whom such loss, injury or damage may be caused. 11.3 Wineland Nannies will not be liable for any form of negligence and / or misconduct on the part of the Nanny / Sitter, except where such negligence and / or misconduct was due to Wineland Nannies' failure to take reasonable care during the reference and background verification process, or where Wineland Nannies has unreasonably failed to take cognisance of any information received concerning the Nanny / Sitter's past performance. 11.4 The client hereby indemnifies Wineland Nannies and holds Wineland Nannies harmless against any and all claims, demands, actions and proceedings which may be brought or made against Wineland Nannies in relation to or arising from any act or omission by the Nanny / Sitter which occurs during or in relation to the carrying out of the services. 11.5 As the Nannies / Sitters are contractors and not employees of Wineland Nannies, it is submitted that Wineland Nannies will not be held liable for any direct, or indirect loss arising from the rendering of the childcare related services by the Nanny / Sitter. All loss will be the liability of the client and / or Nanny / Sitter appointed. 11.6 The client undertakes to reimburse Wineland Nannies fully for all costs, damages, and claims arising from wrongdoing or negligence on the part of the client.
12. CONFIDENTIALITY
12.1 By virtue of the client's association with Wineland Nannies, the client will have access and knowledge pertaining to confidential information of Wineland Nannies and the Nannies / Sitters contracted by Wineland Nannies. The client accordingly agrees that it shall not, during the period of the service or at any time, thereafter, divulge to any person or entity any confidential information, nor may he / she make any unauthorised use of such confidential information. 12.2 For the purposes of this subsection, "confidential information" means information not ordinarily within the public domain, which is confidential to Wineland Nannies and includes but is not limited to:
12.2.1 Details and private information of the Nannies / Contractors such as but not limited to contact details, qualifications, and background information (and any such further information such as personal information as defined by the Protection of Personal Information Act 4 of 2013);
12.2.2 Contractual arrangements between Wineland Nannies and the client;
12.2.3 Financial details of Wineland Nannies' relationship with its client and the terms on which Wineland Nannies transacts business with its clients; and
12.2.4 All other matters of a confidential nature which are not readily available to persons not employed with or contracted to Wineland Nannies relating to the business of Wineland Nannies and how Wineland Nannies does business;
13. DIRECT HIRING
13.1 Clients shall not directly employ or engage the services of a Nanny / Sitter introduced through Wineland Nannies, without the written consent of Wineland Nannies, during the period of engagement and for six (6) months thereafter. 13.2 A placement fee may be payable where such direct hiring occurs.
14. PROTECTION OF PERSONAL INFORMATION
14.1 The client hereby consents to the collection, processing and further processing of personal information and/or special information, as defined by the Protection of Personal Information Act 2013 ("POPIA") by Wineland Nannies for the purposes of conclusion and performance of obligations under these terms and conditions, and all legitimate business purposes related thereto. 14.2 Processing may include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure, or destruction of information. 14.3 The client undertakes to make available to the Wineland Nannies all necessary personal information required for the purpose of securing and facilitating the performance of obligations under these terms and conditions, and to ensure that this information is updated, as necessary. 14.4 The client consents to the collection of personal information and/or special personal information from another source other than the client where this is necessary for the purposes described above. 14.5 For the purposes of this clause, "special personal information" is defined as religious or philosophical beliefs, race or ethnic origin, political persuasion, health and medical records, any biometric information of a client; and may include criminal behaviour of a client to the extent such data relates to the alleged commission of an offence by the client or any proceedings in respect of any offence allegedly committed by the client or the disposal of such proceedings. 14.6 Wineland Nannies undertakes that it will only process special personal information where it is necessary for a reasonable and legitimate purpose relating to the Services, or an objectively legitimate business purpose. It is on this basis that the client consents to provide Wineland Nannies with special personal information when requested. 14.7 In the course of the carrying out of the services, the client may be exposed to the personal information and/or special personal information of other persons (such as the Nannies / Sitters), the client expressly acknowledges that he / she is only provided access to the personal information and / or special personal information for the purposes of utilising the Services. Should the client process or use personal information and / or special personal information for another unauthorised purpose, this will be unlawful in terms of POPIA. Such conduct by the client will permit Wineland Nannies to suspend and / or terminate the services with immediate effect. 14.8 The client consents to Wineland Nannies' retention of his / her personal information and / or special personal information beyond the conclusion of the services, as far as is permitted or required by law. Wineland Nannies will thereafter destroy, delete or de-identify such Information as soon as reasonably practicable after it is no longer authorised to retain the Information or after the Information is no longer needed for the purpose for which it was collected.
15. COMPLAINTS AND/OR CONCERNS
15.1 Any concerns regarding a booking or dissatisfaction with the appointed Nanny / Sitter must be reported to Wineland Nannies within the first two (2) hours of the booking. Wineland Nannies undertakes to provide one (1) replacement Nanny / Sitter, free of charge. 15.2 If the client unreasonably refuses the replacement Nanny / Sitter, no refund will be issued to the client. 15.3 Should another Nanny / Sitter be requested after the offering of a replacement Nanny / Sitter, a new booking is required along with immediate payment. 15.4 Should a client fail to notify Wineland Nannies of their concern or dissatisfaction with the appointed Nanny / Sitter within the required timeframe, the client will not be eligible for a replacement Nanny / Sitter. 15.5 The client must inform Wineland Nannies of any misconduct or negligence on the part of the Nanny / Sitter as soon as reasonably possible following the incident, but no later than within forty-eight (48) hours of the incident. 15.6 Wineland Nannies undertakes to thoroughly investigate all complaints fairly, and take the appropriate action where required.
16. SUSPENSION AND TERMINATION
Wineland Nannies reserves the right to suspend and/or terminate a client's access to the services, in the following instances: 16.1 Material breach of the terms and conditions; 16.2 Any harassment, bullying or inappropriate conduct by the client towards a Nanny / Sitter; 16.3 Should there be a reasonable belief that the environment and / or location in which the Nanny / Sitter is required to work is unsafe or the client's conduct has caused a threat to the Nanny / Sitter's safety; or 16.4 Continued use of the service poses a risk to children, Nannies / Sitters or Wineland Nannies.
17. DISPUTES
17.1 In the event that a dispute or difference exists with respect of these terms and conditions, or the interpretation or termination thereof, the dispute shall be referred to mediation as a first resort. 17.2 In the event that the dispute in not resolved by means of mediation, the matter may be referred to the relevant dispute resolution tribunal.
18. GENERAL
18.1 No variation, additions, removals or deletions from these Terms and Conditions, shall be effective unless reduced to writing and approved by Wineland Nannies. Any approved variations, additions, removals or deletions hereto shall be updated on the Wineland Nannies website. 18.2 These Terms and Conditions are governed by the laws of South Africa, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that country.