TERMS OF USE

THIS FOLLOWING TERMS OF USE (THE “TERMS OF USE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR OF THIS WEBSITE AND THE AFFILIATED BAMBINO MOBILE APPLICATION, BAMBINO TECHNOLOGIES, INC. (HEREAFTER, “BAMBINO,” “WE,” “US” OR “OUR”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO BAMBINOAPP.COM OR BAMBINOSITTERS.COM (COLLECTIVELY REFERRED TO AS THE “WEBSITE”), THE BAMBINO MOBILE APPLICATION (“MOBILE APPLICATION”), AND THE SERVICES MADE AVAILABLE THROUGH THE WEBSITE AND MOBILE APPLICATION (“SERVICES”). THE TERMS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE, OR THOSE WHO REGISTER AN ACCOUNT. BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE OR SERVICE.

NOTICE OF AUTOMATIC RENEWAL: IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BAMBINO’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE “PAYMENTS” SECTION BELOW.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.

  1. Access and Compliance

By accessing the Services, you agree to be bound by the Terms of Use, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that BAMBINO may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the site shall be deemed conclusive evidence of your acceptance of the modified agreement.

  1. Disclaimers
  2. BAMBINO may be used to facilitate the listing and booking of babysitting appointments (the “Services”). We make our Services available as an online marketplace for users who list babysitting appointments (“Care Seekers”) to connect with users who want to book babysitting appointments (“Caregivers”) and make arrangements directly with each other. BAMBINO IS NOT AN AGENCY. We do not employ or engage Caregivers. Our responsibilities are limited to facilitating the availability of the Services. 
  3. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE CARE SEEKERS AND CAREGIVERS CONNECTING AND BOOKING APPOINTMENTS DIRECTLY WITH EACH OTHER, AND YOU AGREE THAT BAMBINO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT MADE THROUGH THE SERVICES OR TO ANY CARE PROVIDED BY CAREGIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF USE. BAMBINO CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY APPOINTMENTS. BAMBINO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND APPOINTMENTS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND CARE SEEKERS MUST SATISFY THEMSELVES WITH ANY CAREGIVER’S CREDENTIALS.
  4. CAREGIVERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF BAMBINO. BAMBINO DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE CARE PROVIDED FOR CARE SEEKERS AND DOES NOT EMPLOY CAREGIVERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT BAMBINO DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CAREGIVER’S APPOINTMENTS BUT MAY MONITOR BOOKINGS MADE THROUGH THE SERVICES.
  5. BAMBINO strongly recommends that, if any user is introduced to an individual who may be a suitable caregiver, said user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires or tests at the Website or Mobile Application are based solely upon information submitted by other individuals or users of the Website or Mobile Application and BAMBINO make no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
  6. Although each member/subscriber/user must agree to these Terms of Use, BAMBINO cannot guarantee that each member is at least the required minimum age, nor does BAMBINO accept responsibility or liability for any content, communication or other use or access of the Website or Mobile Application by persons under the age of 13 in violation of the Terms of Use. It is also possible that other members/subscribers/registrants or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Services and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the Services. These individuals may use your information for purposes other than what you intended. BAMBINO is not responsible for the use of any personal information that you disclose on the Website or Mobile Application or otherwise through the Services. Please carefully select the type of information that you post on the Website or Mobile Application or release to others. BAMBINO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, MOBILE APPLICATION, SERVICES, OR OTHERWISE.
  7. Although BAMBINO attempts to maintain the integrity and accuracy of the information made available through the Services, BAMBINO provides any Services on an “as is” basis and makes no guarantees as to its correctness, completeness, or accuracy. The Services may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Services by third parties without our knowledge. If you believe that information found through the Services is inaccurate or unauthorized, please inform BAMBINO by contacting us via information provided at the “Contact Us” link. BAMBINO specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, BAMBINO does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. BAMBINO disclaims liability for, and no warranty is made with respect to, connectivity and availability.
  8. Caregivers and Care Seekers are solely responsible for their interactions with each other, and any other parties with whom such user interacts, whether online through the Website or Mobile Application or offline; provided, however, that BAMBINO reserves the right, but has no obligation, to intercede in disputes. Caregivers and Care Seekers agree that BAMBINO will not be responsible for any liability incurred as the result of such interactions. EXCEPT AS REFERENCED DIRECTLY BELOW, YOU UNDERSTAND THAT BAMBINO DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN OR EVALUATE USERS OF THE SERVICES IN ANY WAY. BAMBINO ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BAMBINO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. BAMBINO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS).
  9. YOU ACKNOWLEDGE AND AGREE THAT BAMBINO IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BAMBINO LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. BAMBINO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BAMBINO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES. YOU UNDERSTAND THAT BAMBINO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES. BAMBINO DOES NOT GUARANTEE OR WARRANT ANY CAREGIVER’S PERFORMANCE ON THE JOB OR OUTCOME OR QUALITY OF THE CARE PROVIDED.

  1. Background Checks
  2. By registering for and using the Website or Services as a Care Seeker or Caregiver, you hereby acknowledge and agree that BAMBINO has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Services and its users (“Internal Background Checks”). BAMBINO may order these checks when you register for the Services and thereafter in connection with your continued use of our Services and/or interaction with our Website or Mobile Application (such as by contacting or communicating with other members, posting or updating a job or profile, etc.).
  3. These Internal Background Checks are regulated by the Fair Credit Report Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. Please be advised that BAMBINO is not a consumer reporting agency as defined in the FCRA which can be found at www.ftc.gov/os/statutes/fcrajump.shtm, and any information collected or received by BAMBINO from its third party service providers have not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA as well as all other applicable consumer reporting laws. The information provided in the Internal Background Checks may not be reviewed or considered as a factor in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
  4. You understand and agree that BAMBINO may review the information provided by the third-party consumer reporting agency and that BAMBINO retains the right to deactivate your BAMBINO registration based on the information it receives from these checks, even if such information was subsequently dismissed. If BAMBINO deactivates your membership or access to the Website, Mobile Application, and/or Services on the basis of information in an Internal Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. All users acknowledge and understand that BAMBINO has no control over and does not assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party consumer reporting agency or contained within commercial databases maintained by third party consumer reporting agency or public records maintained and/or transmitted by federal, state or municipal government entities. Public records and commercial data systems may have errors and should not be relied upon as definitively accurate. Before relying on any data supplied, it should be independently verified. Certain criminal record data may include records that have been expunged, sealed, or otherwise inaccessible to the public since the date on which the data or record was last updated or collected.
  5. BY AGREEING TO THESE TERMS AND USING OUR WEBSITE, MOBILE APPLICATION, AND/OR THE SERVICES, YOU AGREE TO ALLOW BAMBINO TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE BAMBINO. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED. You expressly acknowledge that BAMBINO has no obligation to perform Background Checks, on any registered users. To the extent BAMBINO performs such checks on certain registered users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Website, Mobile Application, and the Services. Moreover, you hereby represent, understand and expressly agree that those checks are completed by a third-party consumer reporting agency (not BAMBINO), that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person’s criminal history.
  6. If you decide to access, use, or share information provided by an Internal Background Check, you agree to do so in accordance with applicable law. Additionally, if such verification is included, promoted, or otherwise displayed on any user profile or in any such manner on the Website, Mobile Application, or Services, you hereby acknowledge that any such claim is not warranted by BAMBINO and is solely the result of information provided by a third-party source.
  7. YOU ALSO AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BAMBINO FROM ANY LOSS, LIABILITY, INJURY, DEATH, DAMAGE, OR COSTS THAT MAY RESULT FROM YOUR USE OF, RELIANCE ON, OR SHARING OF THE INFORMATION CONTAINED IN AN INTERNAL BACKGROUND CHECK OR ANY USE OF, RELIANCE ON, OR SHARING OF ANY SUCH INDICATION OR VERIFICATION FOR ANY USER ON THE WEBSITE, MOBILE APPLICATION, OR SERVICE, REGARDLESS OF THE CAUSE, INCLUDING, WITHOUT LIMITATION, DUE TO THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION.
  8. USE OF THE SERVICES
  9. By using or accessing the Services, you agree to the following:

(1) The information posted in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to BAMBINO, with full title guarantee, all copyright in your profile, any photographs posted by you, and any additional information sent to BAMBINO at any time in connection with your use of the Services. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. By posting information, photographs or content on any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to BAMBINO, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You understand and agree that BAMBINO, in its sole discretion, reserves the exclusive right to terminate your access and/or deactivate your account if it finds any information you have provided to be inaccurate, unlawful, deceptive, or inconsistent with these Terms of Use.

(2) You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Services. You will not transmit any chain letters or junk email to other members. To protect our users against such conduct, BAMBINO may limit or otherwise control the number of messages that any user may send in a day. You are solely responsible for your interactions with other users of the Services. BAMBINO reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Services.

(3) You are solely responsible for the content or information you post, publish or display on the Services, or transmit to other users. You shall not post on the Services, or transmit to other users or to BAMBINO or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. BAMBINO reserves the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. BAMBINO reserves the right to refuse service to anyone, at our sole discretion.

(4) By becoming a Member/Subscriber/Registrant, you agree to accept and consent to receiving email communications initiated from BAMBINO or through BAMBINO including, without limitation: message notification emails and emails informing you about events, emails informing you of changes to the Services and emails informing you of promotions that either BAMBINO provides or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and, in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of BAMBINO’s email communications, please do not register/subscribe to the Services. However, you may opt-out of receiving email communications sent from BAMBINO or through BAMBINO.

(5) You agree that BAMBINO has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Services. You acknowledge that features, parameters or other services BAMBINO provides may change at any time. You acknowledge that BAMBINO reserves the right to sign out, terminate, delete or purge your account from the Services if it is inactive. “Inactive” indicates you have not signed in to the Services for a particular period of time, as determined by BAMBINO in its sole discretion. BAMBINO may, but is not obligated to, investigate and terminate your membership/subscription/registration if you have misused the Services, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under the Terms of Use:

  • Harassing, abusing or otherwise inappropriately contacting any other user of the Services;
  • Collecting information about the Services or any users of the Services without our written consent;
  • Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Services, without our written consent;
  • Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Services or any portion thereof;
  • Accessing or using the site for commercial or competitive purposes;
  • Disguising the origin of information transmitted to, from, or through the Services.
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Allowing any other person or entity to impersonate you to access or use the Services;
  • Using the Services for any purpose in violation of local, state, national, international laws
  • Using the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
  • Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • Removing any copyright, trademark or other proprietary rights notices contained in the Website or Mobile Application or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website or Mobile Application;
  • Circumventing any measures implemented by BAMBINO aimed at preventing violations of the Terms of Use.

BAMBINO expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Services due to any act that would constitute a violation of these Terms of Use.

(6) Any personal information you submit to the Website or Mobile Application is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the site either for purposes of submitting an order or to receive further information, updates and promotions about or related to the Website or Mobile Application.

(7) You are eligible to use the Services if you are the age of 18 or older or if you are between the ages of 13 and 17 and you comply with Section (8) below. You are ineligible to use this Website, the Mobile Application, or its Services if your membership/subscription/registration has been suspended by BAMBINO or you are under the age of 13. By becoming a Member/Subscriber/Registered User of the Website and/or Mobile Application, you represent and warrant that you have the right, authority and capacity to use the Website, Mobile Application, and Services, and to abide by the Terms of Use. Your membership/subscription/registration with the Website or Mobile Application is for your sole, personal use. You may not authorize others to use your membership/subscription/registration and you may not assign or otherwise transfer your account to any other person or entity.

(8) If you are thirteen (13) to seventeen (17) years of age and would like to use the Services as a caregiver (a “Teen User”), you may register to use the Services only if your parent or legal guardian (1) consents to your registration through the Services and (2) becomes a registered user (a “Consenting Parent User”). Consenting Parent Users will have access to all communications between the Teen User and other Registered Users as well as a copy of all emails BAMBINO sends to the Teen User. Consenting Parent Users may respond to communications sent by other Registered Users to the Teen User and may report inappropriate message content to BAMBINO. Consenting Parent Users may also log in to, update the settings of and terminate their Teen User’s account.

(9) All bookings made and processed through BAMBINO may be subject to a booking fee at the then current rates, which will be displayed to Parent users prior to completing a transaction. In the event a Parent cancels a booking within twenty-four (24) hours prior to the start of the booking, or after the booking has already begun, the Parent agrees to pay the appropriate booking fee that was displayed at the time the booking was made, in addition to any cancellation fees that may be assessed up to a maximum of $20.

(10) In the event a Sitter cancels a booking within two (2) hours prior to the start of the booking, or after the booking has already begun, the Sitter agrees that BAMBINO has the right, at its sole discretion, to immediately suspend, terminate, or deactivate the Sitter’s use of the Website, Mobile Application, and Services.

  1. By registering as a Consenting Parent User, you hereby represent, warrant, understand, agree to and accept these Terms of Use and any applicable additional terms in their entirety on behalf of yourself and your Teen User whether or not you use the Website, Mobile Application, or Services. You further understand and agree that you will ensure your Teen User’s compliance with these Terms of Use and that you are responsible for any noncompliance by your Teen User.
  2. If you are a Consenting Parent User, you also agree that you are responsible for monitoring the account of your Teen User as well as your Teen User’s activities both on and off of the Website and/or Mobile Application including monitoring who your Teen User communicates with and meets both on and off the Website and/or Mobile Application and with whom he or she agrees to provide caregiver services. As a Consenting Parent User, you also agree to opening of a Stripe account on behalf or for the benefit of the Teen User or consent to the Teen User opening a Stripe account.
  3. If you register to use the Website or Mobile Application as a Teen User, the first time you try to log in to your account after you turn eighteen (18), you will be required to agree to the Terms of Use in effect at the time. Once you accept the terms and log in, the parent monitoring functionality of your account will be removed and your Consenting Parent User will no longer have access to your account. If you do not agree to the Terms of Use after you turn 18 years of age, BAMBINO may terminate your access to all or part of the Website or Mobile Application, remove your profile and/or any content posted by or about you from the Website or Mobile Application, and/or terminate your registration in the Website or Mobile Application, with or without notice.
  4. If BAMBINO finds that you violated the terms of this Section or any terms stated herein, BAMBINO reserves the right, at its sole discretion, to immediately deactivate your use of the Website, Mobile Application, and Services. By using the Website, Mobile Application, and/or Services, you agree that BAMBINO may assess, and you will be obligated to pay, $5,000 per each day that you: (i) maintain Parent or Sitter information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Website or Mobile Application, or (ii) otherwise misuse or misappropriate Website Content, including but not limited to, use on a “mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights BAMBINO may have under these Terms or applicable law. Further, in order to protect the integrity of the Website, Mobile Application, and the Services, BAMBINO reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Mobile Application.
  5. Additional Terms for Use of Mobile Application
  6. Subject to your compliance with the Terms of Use, BAMBINO grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the BAMBINO mobile application on a single mobile device or computer that you own or control and to run such copy of the application solely for your own personal or internal business purposes. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the application on a shared basis within your designated family group.
  7. You acknowledge and agree that the availability of the BAMBINO mobile application and the Services is dependent on the third party from whom you received the application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Term of Use are between you and BAMBINO and not with the App Store. BAMBINO, not the App Store, is solely responsible for the BAMBINO mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the BAMBINO mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the application. You agree to comply with, and your license to use the BAMBINO mobile application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce it.
  8. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) the Terms of Use is concluded between you and BAMBINO only, and not Apple, and (ii) BAMBINO, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BAMBINO and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BAMBINO.

(d) You and BAMBINO acknowledge that, as between BAMBINO and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and BAMBINO acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BAMBINO and Apple, BAMBINO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.

(f) You and BAMBINO acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of the Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

  1. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:

(a) You acknowledge and agree that (i) the Terms of Use are concluded between you and BAMBINO only, and not Google, Inc. (“Google”), and (ii) BAMBINO, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service.

(b) Google is only a provider of Google Play where you obtained the Google Play Sourced Application.

(c) BAMBINO, and not Google, is solely responsible for its Google Play Sourced Application;

(d) Google has no obligation or liability to you with respect to BAMBINO’s Google Play Sourced Application or these Terms of Use; and

(e) You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to BAMBINO’s Google Play Sourced Application.

  1. Certain features and functions of the Services available through our Mobile Application may request access to and use of your mobile device’s contacts. You may decide whether or not to use these features when prompted. By granting us this access, however, you acknowledge and agree you have the right and permissions necessary from the applicable third-party contacts to provide us with such information and that we may use such contact information for the purpose of providing and/or improving the Services. If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the Mobile Application from your device. Alternatively, you can grant or revoke your consent at any time and prevent us from continuing to access your contacts by changing the settings on your mobile device. You hereby authorize BAMBINO to access such components of your mobile device as described herein.
  2. Payment
  3. You will be responsible for payment of the applicable subscription fee for the Services at the time you create your account and sign up for the monthly subscription. Your monthly subscription will continue indefinitely until terminate in accordance with the Terms of Use. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at BAMBINO’s then-current price for such subscription. You agree that your use of the Services will be subject to this automatic renewal feature unless you cancel your subscription on or before the Renewal Commencement Date by contacting support@bambinoapp.com. If you do not wish your subscription to renew automatically, please contact support@bambinoapp.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Stripe to charge you now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if BAMBINO does not receive payment from you, (a) you agree to pay all amounts due upon demand and/or (b) you agree that BAMBINO may either terminate or suspend your subscription and continue to attempt to charge your credit or debit card until payment is received (for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You agree that BAMBINO reserves the right to process any transaction automatically after 24 hours of a completed booking.
  4. BAMBINO uses the third party platform, STRIPE (https://stripe.com// – ’s Stripe Services Agreement

 can be found here: https://stripe.com/legal/ssa), to process credit and debit card transactions for your BAMBINO account. By using BAMBINO, agreeing to BAMBINO’s Terms of Use, and offering or purchasing Services, you are also agreeing to be bound by STRIPE’s Services Agreement.

You expressly understand and agree that STRIPE handles all payments or monetary transactions that occur through your use of the Website, Mobile Application, or Services. You expressly understand and agree that BAMBINO shall not be liable for any payments or monetary transactions that occur through your use of the Website, Mobile Application or Services. You also agree that BAMBINO shall not be liable for any issues regarding any monetary transactions between you and any other third party, including STRIPE.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or STRIPE. BAMBINO is not liable for loss or damage from errant or invalid transactions processed with your STRIPE account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand that BAMBINO uses the STRIPE API to run payments for the Website, Mobile Application, and Services that the STRIPE API is subject to change at any time and such changes may adversely affect the Website, Mobile Application, and/or Services. You understand and agree to not hold BAMBINO liable for any adverse effects to your STRIPE account and/or your BAMBINO account as result of any actions or inactions on the part of STRIPE.

You must not process stolen credit cards, or unauthorized credit cards through STRIPE and/or your BAMBINO account.

  1. Copyrights and Trademarks

The contents of the Website, Mobile Application, and related Services are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are BAMBINO, its affiliates or other third party licensors. Except as stated herein, none of the contents of the Website, Mobile Application, and related Services may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BAMBINO.

  1. DMCA Statement

Owners of copyrights or their agents that believe any content on this Website or the Mobile Application infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to BAMBINO immediately upon discovery. If you wish to file a takedown request via mail or by e-mail, please provide the following information as outlined by the DMCA to the contact information below.

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the location where the original or an authorized copy of the copyrighted work exists.
  • Identification of the URL or other specific location on this Website or Mobile Application where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  • Your name, address, telephone number, and email address so that we may contact you.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Any notices given pursuant to the DMCA shall be given to the designated agent of the Website and Mobile Application at support@bambinoapp.com or via registered, United States mail sent return receipt to:

Bambino Technologies, Inc.

Attn: DMCA Compliance Agent

501 E Las Olas Blvd

Fort Lauderdale, FL 33301

  1. Limitation of Liability

BAMBINO DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE SERVICES IN ANY WAY. IN NO EVENT WILL BAMBINO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BAMBINO OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BAMBINO FOR USE OF THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP/SUBSCRIPTION. BAMBINO WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THE SERVICES (INCLUDING THE WEBSITE OR MOBILE APPLICATION), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE SERVICES, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE SERVICES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION”.

  1. Assumption of Risk

You assume all risks when using the Website, Mobile Application, and Services, including but not limited to all risks associated with interacting with Users of the Website or Mobile Application whether it be online or offline, including any risks associated with permitting your child or children to drive in an automobile with Caregivers.  BAMBINO assumes no liability related to any transportation provided by Caregivers and BAMBINO does not control the condition, legality, safety, or suitability of any transportation provided by Caregivers, regardless of whether the automobile or motor vehicle is owned by you. You agree to take all necessary precautions when interacting with other Users of the Services, whether it be online or offline, including satisfying yourself with any Caregiver’s credentials, drivers records, insurance policies, employment history, and/or permits sufficient to protect your child. Bambino is not an owner or operator of automobiles or other transportation vehicles and does not own, resell, sell, furnish, provide, rent, re-rent, manage, or control any vehicles or transportation or travel services. Bambino’s services are limited to facilitating the availability of the Services.

  1. Indemnification

You agree to indemnify, defend and hold harmless BAMBINO its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to BAMBINO, arising out of or relating to your Material; your use of, or inability to use, the Services (including the Website or Mobile Application); any violation of these Terms of Use by you or any other person accessing the Services on your behalf; your violation of any rights of another party, including any users; your interactions with other users; and your violation of any applicable laws, rules or regulations. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

  1. Release

If you have a dispute with one or more of the other users of the Services, you release BAMBINO (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

  1. Conflicts

Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Website or Mobile Application, the specific terms relevant that section shall prevail.

  1. Severability

Any provision of this agreement found to be unenforceable will not void nor effect other provisions of the agreement.

  1. Resolution of Disputes – Mandatory Arbitration and Class Action Waiver

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with BAMBINO or the use of this Website or Mobile Application. Please read this section carefully. Our Customer Service Department, which you can reach at support@Bambinoapp.com or 1-844-622-6246, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

Bambino Technologies, Inc.

ATTN: Notice of Dispute

812 SE 8th St.

Fort Lauderdale, FL 33316

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, Mobile Application, the Services, the Terms of Use (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2: Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here [insert hyperlink – https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&]. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here [insert hyperlink: https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820]. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Costs

If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option

You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here [insert hyperlink: http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all of your court costs.

Choice of Law and Forum Selection

You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.

Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Governing Law & Exclusive Venue

Use of the Website, Mobile Application, and related Services, and any claim relating to BAMBINO shall be governed by the laws of the State of California and litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website, Mobile Application, or Services, shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website, Mobile Application, and related Services from, even if you are accessing the Website, Mobile Application, and related Services from outside of the United States of America.

The Terms of Use, together with any agreements or understandings presented upon registration or booking, represent the parties’ entire understanding relating to the use of the Website, Mobile Application, or Services and supersedes any prior or contemporaneous, conflicting or additional, communications. BAMBINO reserves the right to change these Terms of Use or policies relating to the Website, Mobile Application, or Services at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, Mobile Application, or Services, which may be posted from time to time. Your continued use of the Website, Mobile Application, or Services after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use without the prior written approval of BAMBINO. Any purported assignment in violation of this section shall be void. BAMBINO reserves the right to use Third Party Providers in the provision of the Services and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by BAMBINO.

If you have any questions regarding these terms or wish to contact us for any matter:

Call: 1-844-622-6246

Email: support@bambinositters.com