Terms & Conditions of Nina.care

1. Definitions and Scope

1.1 Company Information

The websites nina.care and related mobile applications (together, the “Platform”) are operated by Nina.care B.V., Herengracht 255, 1016 BJ Amsterdam, the Netherlands (“Nina.care”, “we”, “our”). Individuals who create an account on the Platform (“Profile”) are referred to in these Terms as “Users” or “you”.

1.2 Nature of the Platform

Nina.care is a digital marketplace designed to bring together families in need of childcare (“Hosts”) with au pairs, babysitters, and nannies (“Childcarers”). The Platform enables Users to connect, share information, and, where they choose, arrange placements. Nina.care acts solely as an online facilitator of au pair and childcare exchanges.

1.3 Services Offered Internationally

Depending on the chosen product, Users may access different service levels:

• Chat Membership: A subscription providing access to messaging and Profiles.
• Personal Assistant Service: A one-time package where Nina.care actively assists Hosts in finding suitable candidates. A refund applies only if no match is found. Once five or more candidates have been introduced, no refund is available.
• Visa, Insurance, and Contract Support: Guidance and document support for Hosts and au pairs navigating visa and insurance processes.
• After Arrival Support: Ongoing assistance for Hosts and au pairs, including chat guidance, access to the community, buddy networks, and training.

1.4 Services in the Netherlands

In the Dutch market, Nina.care also operates as an IND-recognized sponsor (“erkend referent”) for au pair exchanges. Our duties in this role are limited to those imposed by Dutch law: maintaining records, providing information, and exercising statutory duty of care. Additional services can be purchased in line with section 1.3.

1.5 Responsibilities of Users

Except for the services expressly provided by Nina.care, all other tasks and responsibilities remain with Users. This includes independent hiring decisions, checking references, legal compliance regarding employment, tax, social security, immigration, insurance, and managing the day-to-day childcare relationship. Nina.care does not act as an employer of Childcarers and assumes no obligations beyond those set out in these Terms.

2. Scope of Application

These Terms & Conditions govern the use of the Platform and all services offered by Nina.care. By registering, the User accepts these Terms, which form part of the contractual relationship between the User and Nina.care.

• Individual written agreements with Nina.care take precedence over these Terms.
• Differing terms proposed by Users or businesses are binding only if confirmed in writing by Nina.care.

3. Products, Fees, and Payment

3.1 Chat Membership (Base Product)

Monthly subscription providing access to the Platform, including messaging and Profiles. Continues as long as fees are paid. Cancellation requires one month’s notice via Profile settings or email (info@nina.care).

3.2 Personal Assistant (Premium Product)

One-time fee service with personalized candidate presentation. Hiring decisions remain solely with the Host. Refunds apply only if no suitable candidate is found; no refund applies once five or more candidates have been presented.

3.3 Screening Report

Nina.care interviews candidates and may request references. The Screening Report constitutes the full extent of Nina.care’s screening activity. The Host remains solely responsible for hiring decisions.

3.4 Visa, Insurance, and Contract Support

One-time package providing chat guidance for Hosts and au pairs through visa and insurance processes.

3.5 After Arrival Support

Monthly subscription with continued access to documents, chat guidance, community, buddy networks, training, and practical assistance.

3.6 General Payment Rules

• All fees are in euros, VAT included unless otherwise stated.
• Fees must be paid in advance.
• Recurring services renew automatically until cancelled.
• Where a free trial is offered, the trial automatically converts into a paid Chat Membership once the User unlocks, receives, or exchanges contact details with another User through the Platform. By accessing such contact details, the User expressly requests immediate performance of the service and acknowledges that the free trial ends and the paid subscription commences.
• Refunds are limited to the conditions set out in these Terms and are processed within 90 days via the original payment method.
• Failure to pay may result in suspension or termination.
• Payments and memberships are personal and non-transferable.

4. Registration

1. Creating an account is free. Paid services require payment (see Section 3).
2. Hosts may register as natural persons seeking childcare. Au pairs, babysitters, or nannies may register as Childcarers.
3. Hosts must ensure they are legally allowed to host/engage Childcarers. Childcarers must ensure they are legally entitled to reside/work in the chosen country. For the Netherlands, Hosts must comply with applicable au pair law.
4. Each User must have one account. Registering on behalf of others is prohibited.
5. Registration data must be accurate and complete. Nina.care may require proof of ID or residence. Users must keep data updated.
6. Registration is for Users aged 18+. Exceptions: those about to turn 18 may register with guardian consent. Accounts may be suspended if proof is not provided.
7. Competitors (agencies/platforms) may not register as regular Users.
8. Businesses may register if they pass quality checks, sign a Business Agreement, and pay fees. Ongoing compliance is required.
9. The Platform may only be used for childcare/au pair arrangements. Unauthorized use (recruitment, advertising, selling) is prohibited.
10. Breach of 4.9 incurs a penalty of €5,000 per incident, regardless of actual damages. Nina.care may claim further compensation.
11. Nina.care may refuse or remove registrations at its sole discretion.
12. contact: after making an account you give consent that nina.care can contact you about our services

5. Code of Conduct

• Personal Use Only: Services are for personal use by registered Users.
• Confidentiality: Information from the Platform (profiles, messages, reports) must remain confidential.
• No Circumvention: Users may not bypass the Platform to avoid fees. Violations may result in exclusion and/or contractual penalties.
• Profile Accuracy: Users are responsible for legality and accuracy of their content and must keep it updated.
• Respectful Behavior: Offensive, misleading, or unlawful content is prohibited.
• Verification: Nina.care may require ID/residence documents; refusal may lead to suspension.
• Message Handling: Users must check/respond to messages reasonably; old messages may be deleted.
• Misuse: Misuse may result in suspension or permanent exclusion without refund. Legal action may follow.

6. Third-Party Services

Nina.care may offer third-party services (insurance, visa, courses). Responsibility lies solely with the provider. Claims must be directed to them. No refunds from Nina.care.

7. Technical Availability

Nina.care strives to provide reliable service but does not guarantee uninterrupted operation. Interruptions do not entitle Users to compensation. If Premium services are unavailable due to Nina.care’s fault for 48+ consecutive hours in 30 days, subscription terms will be extended.

8. No Guarantee of Results

Nina.care only facilitates introductions. No guarantee is given that matches will be found or that User information is accurate. Users must evaluate each other independently.

9. Fraud and Misuse

Users acknowledge the risks of online fraud (e.g. advance-fee scams). Nina.care is not liable for fraud by Users. Users must verify identity and trustworthiness.

10. Liability

• Users are responsible for their actions and childcare arrangements.
• Nina.care provides only technical facilitation and is not liable for actions of Users or third parties.
• Liability for death/personal injury caused by gross negligence is not excluded.
• Aggregate liability is limited to the higher of (a) fees paid in the last 12 months, or (b) €500.
• Nina.care is not liable for indirect damages (loss of profits, data, reputation, etc.).
• Users must mitigate damages.
• Content/data shared online may be misused; Nina.care is not liable.
• Users warrant rights to content they upload.
• Users indemnify Nina.care for third-party claims arising from their use.
• Templates/resources provided by Nina.care are informational only, not legal/tax/immigration advice.

11. Special Note for the Netherlands (Recognized Sponsor)

In the Netherlands, Nina.care acts as an IND-recognized sponsor with statutory duties (administration, duty of care, duty to provide information). Private agreements remain solely between Hosts and au pairs.

12. Termination and Exclusion

• By User: Users may deactivate at any time. Data may be deleted after lawful retention.
• By Nina.care: Accounts may be suspended/excluded for violations, fraud, misuse of data, abusive behavior, or reputational/legal risks.
• Effect: Excluded Users may not re-register.
• Refunds: Breach-based exclusions are non-refundable..
• Right of Withdrawal (EU): Consumers may have a statutory 14-day right of withdrawal where applicable. However, by requesting immediate access to paid digital services, including unlocking or receiving contact details or Profile access, the User expressly consents to the immediate performance of the service and acknowledges that the statutory right of withdrawal may be lost to the extent permitted by applicable law. Once access to contact details or Profiles has been provided, refunds are governed exclusively by Section 16 of these Terms.

13. Intellectual Property and User Content

User content remains owned by Users. By uploading, Users grant Nina.care a license to use content for operating and promoting the Platform. Users warrant rights to content and indemnify Nina.care against claims. Nina.care may remove unlawful content.

14. Formal Provisions

• Contract language: English.
• Nina.care is not an employer; it only facilitates services.
• Assignment: Nina.care may assign rights/obligations with 4 weeks’ notice.
• Governing law: Dutch law applies.
• Jurisdiction: Courts of Amsterdam, unless mandatory consumer law provides otherwise.
• Amendments: Nina.care may amend Terms; continued use constitutes acceptance.
• Severability: Invalid provisions do not affect the remainder.

15. Special Terms for Babysitting Services in the Netherlands

15.1 Scope

These provisions apply only to babysitting services in the Netherlands. A “Babysitter” is a caregiver who has created a Profile, has been screened by Nina.care according to the procedure below, and offers babysitting services via the Platform. A “Babysitting Agreement” is the agreement between Host (parent/legal guardian) and Babysitter concluded through the Platform.

15.2 Relationship of the Parties

• Babysitting Agreements are exclusively between Hosts and Babysitters.
• Nina.care is not the employer of Babysitters and does not direct or control the provision of babysitting services.
• The Dutch “Regeling Dienstverlening aan Huis” applies if the Babysitter works no more than three days per week for the same family. Compliance is the sole responsibility of the Users.

15.3 Screening of Babysitters

• Nina.care conducts a limited screening of Babysitters before their Profile is activated. Screening may include a review of Profile information, an interview based on structured questions, and in some cases reference checks.
• Screening is based on information provided by the Babysitter. Nina.care does not independently verify all statements, qualifications, criminal history, or background information.
• A Screening Report or “approval” means only that the Babysitter has completed Nina.care’s minimum onboarding process. It does not constitute a guarantee of reliability, suitability, or safety.
• Hosts remain solely responsible for performing their own due diligence before engaging a Babysitter, including verifying identity, references, and suitability for their family’s needs.
• To the fullest extent permitted by law, Nina.care shall not be liable for errors, omissions, or reliance placed on screening or approval, except in cases of intent or gross negligence. In such cases, liability is limited to the higher of (i) the total fees paid by the Host to Nina.care in the 12 months prior to the event, or (ii) EUR 500.

15.4 Booking and Cancellation

• A Babysitting Agreement is established once a booking is accepted through the Platform.
• If a Host cancels less than 24 hours before the scheduled start, Nina.care may charge 50% of the expected cost.
• Babysitters may only cancel in exceptional circumstances (e.g. illness) and must notify both the Host and Nina.care at least 4 hours in advance.
• For recurring babysitting arrangements, a 30-day cancellation period applies.

15.5 Payment

• All payments must be made via the Platform. Cash payments or other off-platform payment methods are strictly prohibited.
• Payment consists of:
  (a) the agreed hourly rate × actual hours worked;
  (b) applicable service fees and transaction costs payable to Nina.care.
• Babysitters may update hours worked within 24 hours after the booking ends. After this period, payment is finalized, charged to the Host, and non-refundable.

15.6 Insurance and Liability

• Hosts and Babysitters are each responsible for arranging their own insurance (such as personal liability or household insurance). Nina.care does not provide insurance for babysitting services.
• Babysitters are expected to perform their services with due care. In case of attributable shortcomings, Babysitter liability is limited to a maximum of three times the value of the booked service.

Nina.care is not liable for performance of babysitting services, except in cases of intent or gross negligence as defined under Dutch law.