These Client Terms of Use (the “Terms of Use”) are a binding legal agreement between you and NANIMOON LLC (the “Company”) that govern your right to use the website (www.nannimoon.com) (the “Platform”) and the Platform Service as defined below and it is hereby clarified that the Terms of Use are concluded between you and the Company only and not with the Nanny. Terms of Use apply to all users of the Platform, including those who are simply navigating the website or those who register an account.

Please read the following Terms of Use that apply to any use of the Platform, the Bookings and the Service made hereunder. It is hereby clarified that by using the Platform you agree to be bound by these Terms of Use. If you do not agree with the Terms, you cannot use the Platform.

1. About NaniMoon

The Platform as defined below in Section ‎2.6 is provided, maintained and owned by NANIMOON LLC (the “Company“), a company incorporated and registered in Delaware, with its registered office at 800 N King Street Suite 304 1986 Wilmington, DE 19801 United States. For further information on how to get in touch with the Company, please see the ‘Contact Us’ section on www.nannimoon.com or email us at info@nanimoon.com.

2. Definitions used in these Terms of Use

Unless otherwise defined, the following capitalized terms shall have the meanings given to them below:

  1. “Booking” means an order placed by the Client for the Nanny Service, specifying the desired time, date, and location.
  2. “Client” or “Clients” or “User” or “You” means the person or persons searching for, booking or using the Platform who must be the age of 18 or older that has registered on the Platform and created a profile.
  3. “Email Address” means the email address updated on the Client’s Profile in the Platform that is used for the purpose of contacting the Client by the Company. 
  4. “Nanny” means the individual providing the Nanny Services through the Platform.
  5. “Nanny Services” means the childcare services provided by the Nanny to the Client, commencing from the start date of the Confirmed Booking till the day the Confirmed Booking is completed. It is clarified that the actual childcare services are provided to the Client by the Nanny and not by the Company.
  6. “Platform” means the website (www.nannimoon.com) provided, maintained and owned by the Company whose overall purpose is to facilitate connection and engagement between nannies and the person or persons seeking childcare services in Thailand.
  7. “Platform Services” means the services provided by the Platform, which include facilitating the connection and engagement between a Client seeking childcare service in Thailand and a Nanny seeking to provide the childcare service and facilitating a secure payment between the Nanny and the Client (the “Payment Service“). 
  8. “Profile” means the personal account created by the Client on the Platform which includes personal details such as email address, phone number and residential address.  
  1. Acceptance of these Terms of Use
    1. Your access to the Platform and the use of the Platform will be governed by these terms and conditions (the “Terms of Use”). By accessing the Platform, you agree to be bound by the Terms of Use, all applicable laws and all regulations and 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. 
    2. You warrant and agree that the Company at its sole discretion has the right and may modify the Terms of Use at any time. Such amendments will have effect on the date the amendments are posted on the Platform and a notice has been emailed to you notifying you that amendments have been made. Your continued use of the Platform after any changes are made to these Terms of Use will be deemed to constitute your acceptance of those changes.
    3. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your use of the Platform, you shall immediately discontinue your use of the Platform and/or terminate your Profile by following the process outlined in the Support section of the Platform.
    4. Without prejudice to Sections ‎3.1 and ‎3.2 above, you agree to review these Terms of Use periodically to stay informed of any modifications. 
  2. Description of the Platform 
    1. The Platform provides a technology solution that allows you to connect and engage with a Nanny seeking to provide childcare service in Thailand on a desired time, date and location specified by you in which the working hours are capped at 8 (eight) hours per day (“Daily Limit“). Additionally, the Platform facilitates a secure payment between you and the Nanny. It is hereby clarified that the Platform provides only the Platform Services as defined in Section ‎2.6 and therefore functions solely as a mediator between you and the Nanny. 
    2. It is hereby clarified that the Company IS NOT AN AGENCY. The Company does not employ or engage any Nanny. The Company’s responsibilities are limited to facilitating the availability of the Platform Service as set forth below in Section ‎11.
  3. User Profile Requirements
    1. To access the Platform Services, you are required to register to the Platform by creating a Profile.
    2. Creating a Profile provides access to the Platform Services. You can create only one profile, and it may be shared within your family.
    3. The Platform is for the personal use of individual users only.
    4. When creating a Profile, you will be required to provide the Company with your contact details including but not limited to:
      1. Full Name
      2. Email address
      3. Phone number
    5. Additionally, when creating a Profile, you must provide accurate and truthful information about the composition of the family members (such as number and age of the children) at the time of Booking. If there is an existing Booking, you must notify the Company of any changes to the family composition and update your Profile accordingly. If no Booking is in place, it is your responsibility to update this information in your Profile. Any change in the family composition affects the Nanny Services and therefore must be communicated to the Company prior to the start date of the Nanny Service. If any false information is provided the Company reserves the right to terminate your Profile as set forth below in Section ‎9 and cancel any existing future Bookings as well as terminate any ongoing Booking. 
    6. You must provide accurate, complete and up-to-date information as requested. All information you provide will be treated in accordance with our Privacy Policy.
    7. You are responsible for maintaining the confidentiality and security of your own login and password details and you are wholly responsible for all activities that occur under your login and password.
    8. You agree to immediately notify the Company of any unauthorized use of your account or password.
    9. You must ensure that you exit from your account at the end of each session.
    10. The Company may at any time request a form of identification to verify the identity of a User. 
  4. Searching and Booking on the Platform 
    1. Searching. You can search on the Platform for a Nanny by using criteria such as the Service date, children’s ages, and the number of children. The search results presented are based on their relevance to your search and consider factors such as price, availability and reviews.
    2. Booking. By selecting a Nanny on the Platform, you are submitting a request for the Nanny Services on a desired time, date, and location (“Booking Request“). Following that you will be receiving an email notifying you that your Booking Request has been submitted. It is hereby clarified that it means your Booking is not approved yet.  
    3. Within 48-hours of submitting your Booking Request, you will receive a message to the email address notifying you if the Booking Request has been approved (“Confirmed Booking“) or if the Booking Request has been rejected (“Rejected Booking“). If your Booking Request has been rejected, you may submit a new Booking Request based on the availability that will appear in the search results. 
  5. Pricing, Collection of Payments. 
    1. Pricing. The Nanny Services you are provided with are subjected to a fee. You can view the daily rate charged by each Nanny on the Platform which covers up to 8 (eight) hours of Nanny Services that includes all the relevant expenses, including meals and transportation and VAT, if applicable (“Daily Fee“). The Daily Fee displayed to you will be in the currency of Dollars (USD) and the payment shall be made in this currency as well.

Prior to submitting a Booking Request, you will be provided with a summary of the total cost for the full duration of the Nanny Services, that is calculated by multiplying the Daily Fee by the number of days in the Booking (“Total Fee”). It is hereby clarified that the Total Fee will also reflect the commission payable to the Company. By submitting the Booking Request, you acknowledge and agree to pay the Total Fee. Furthermore, you are agreeing that the Company, through the Platform, will charge the Total Fee as set forth below in Section ‎7.2.

  1. Collection of Fees.  The Total Fee will be charged by the Company from a credit card you provide when submitting the Booking Request (the “Payment Method”). By submitting the Booking Request, you authorize the Company to charge the Payment Method, either directly or through a third party, for the Total Fee due, including any applicable taxes, upon confirmation of your Booking. It is hereby clarified that the Company will charge the Total Fee only after you Booking is confirmed. Once the payment for your Confirmed Booking is successfully completed, you will receive a confirmation email to your Email Address. 
  2. You acknowledge and agree that if the Company is unable to collect the Total Fee due to a failure of the Payment Method you provided (“Payment Failure”), the Confirmed Booking will be cancelled, and you will be notified of the Payment Failure via your Email Address. 
  3. The Total Fee as defined above, represents the total amount payable by you, covering all expenses including transportation and meals for the Nanny during the service. Notwithstanding the above, if you choose to give additional amount of money voluntarily to the Nanny as a token of appreciation for the service (“Tip”), it is given at your sole discretion and the Company will not be involved in this matter. 
  1. Cancellation and Refund Policy
    1. Cancellation of Nanny Service Before Commencement. In the event of a cancellation of a Confirmed Booking before the start date of the Nanny Service, a portion of the Total Fee will be deducted based on the date of the cancellation (“Cancellation Fee”) as set forth hereunder.
      1. You may cancel the Confirmed Booking within 14 days from the date the Booking has been confirmed, provided that the cancellation is made at least 7 business days before the start date of the Confirmed Booking. In such case, you will receive a full refund, minus a Cancellation Fee equal to 5% of the Total Fee (as defined in Section ‎7.1) or a flat fee of $25, whichever is less. 
      2. Without prejudice to the above, if you cancel more than 14 days before the start date of the Confirmed Booking, a Cancellation Fee of 20% of the Total Fee will be charged, and the remaining balance will be refunded. If you cancel within 14 days of the start date of the Confirmed Booking, no refund will be provided. 
      3. The Company reserves its rights to cancel any Confirmed Booking and/or Nanny Services immediately if it considers a Nanny has been mistreated and/or found to be in an unsafe or unhealthy environment or is harmed in anyway. You hereby agree and understand that there will be no refund in these circumstances and that Section ‎9.1 set forth below will not apply.
      4. In the event the Nanny cancels a Confirmed Booking before the start date of the Nanny Service for any reason unrelated to the Client, and a suitable replacement nanny cannot be found, the Client will receive a full refund. It is hereby clarified, that regardless of the timing of the Nanny’s cancellation of a Confirmed Booking, the Company will make reasonable efforts to secure an alternative Booking, however, the Company does not guarantee or warrant the success of such efforts. 
    2. Cancellation of Nanny Service After Commencement. If you decide to cancel the Nanny Service after the start date of the Nanny Service, the following terms will apply:
      1. Termination for Misconduct. If you decide to terminate the Nanny Service at any point during its duration due to the Nanny’s misconduct—theft, property damage, alcohol consumption, smoking, drug use, or any illegal behavior of the Nanny – the Company will provide you with a refund for the remaining days of the Nanny Service (including the day in which the misconduct was reported) and will make reasonable efforts to secure an alternative nanny upon your request. 
      2. Termination for Incompatibility. You may decide to terminate the Nanny Service after a minimum of 72 hours (the “Trial Period“) within the start date of the Service due to a lack of compatibility with the Nanny. If you decide to terminate the Service, the fee for the Trial Period will not be refunded, but the Company will provide a refund for the remaining days of the Nanny Service. 
      3. Termination Due to Changes in Your Circumstances. If the Nanny Service is terminated for reasons unrelated to the Nanny’s performance, such as changes in your plans and/or personal circumstances, no refund will be provided to you by the Company.
    3. If you are qualified for a refund as specified above, the funds will be credited back to the Payment Method used for the original transaction within 14 days.
  2. Termination
    1. The Company may terminate your Profile immediately at any time on reasonable grounds by providing written notice to you sent to your Email Address.
    2. The Company may terminate your Profile for any breach of these Terms of Use and/or if the Company believes that you are using the Platform inappropriately or for purposes other than those intended, or the Company otherwise believe that you are acting unreasonably or that you are unfit to have a Profile on the Platform. 
    3. The Company also reserves the right to, without limitation, do any and all of the following in relation to your Profile:
      1. Suspend your Profile; 
      2. Permanently or temporarily hide all or part of your Profile;
      3. Modify your Profile; 
      4. Permanently or temporarily block your access to all or part of the Platform.
    4. You may terminate your Profile at any time by following the process outlined in the Support section of the Platform.
    5. It is hereby clarified that termination of a Profile does not affect any rights and obligations accrued before the termination date as set forth in these Terms of Use nor does it affect any rights or obligations that arise under these Terms of Use and continue to apply after the termination date.
  3. Assumption and Acceptance of Risk
    1. You are wholly responsible for your participation on the Platform and you use the Platform at your own risk.
    2. By using the Platform and engaging with any Nanny through the Company’s Platform, you acknowledge, accept and assume that there are inherent risks associated with Nanny Services, whether it be online or offline, including, but not limited to, risks related to the health, safety, and behavior of the Nanny and the children under her care. You agree that you assume full responsibility for these risks, and the Company shall not be held liable for any harm, injury, or damage arising from your use of the Platform, the Nanny Services, or any related activities. You further agree to release and hold harmless the Company from any claims arising from such risks, whether known or unknown, anticipated or unanticipated. You agree to take all necessary precautions when interacting with the Nanny, whether it be online or offline, including satisfying yourself with any Nanny’s credentials, drivers records, insurance policies, employment history, and/or permits sufficient to protect your child.
  4. Limitation of Liability
    1. You will maintain, at your own expense, adequate travel insurance and it is your full responsibility to ensure the holding of all relevant and necessary insurance coverage. Under no circumstances will the Company be liable for any property damage, personal injury, illness or death caused by the actions or omissions of a Nanny that has been booked through the Platform.
    2. THE NANNIES ON THE PLATFORM ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF THE COMPANY. THE COMPANY DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE SERVICES PROVIDED BY THE NANNIES TO YOU AND DOES NOT EMPLOY NANNIES TO PERFORM SUCH OBLIGATIONS. YOU HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A NANNY’S BOOKING BUT MAY MONITOR BOOKINGS MADE THROUGH THE PLATFORM.
    3. THE PLATFORM IS INTENDED TO BE USED TO FACILITATE A CONNECTION BETWEEN YOU AND A NANNY TO BOOK APPOINTMENTS DIRECTLY WITH EACH OTHER, AND YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY NANNY SERVICES AND/OR BOOKINGS MADE THROUGH THE PLATFORM OR TO ANY CARE PROVIDED BY NANNY. THE COMPANY CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY BOOKING (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY NANNY SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL BOOKINGS AND NANNY SERVICES. ACCORDINGLY, NANNY SERVICES WILL BE MADE OR ACCEPTED AT YOUR OWN RISK, AND YOU MUST SATISFY YOURSELF WITH ANY NANNY’S CREDENTIALS. THE COMPANY ACCEPTS NO LIABILITY TO YOU FOR ANY NANNY LISTED ON THE PLATFORM. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ASPECTS OF SELECTING, BOOKING, AND USING NANNY SERVICES.
    4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE NANNY. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF NANNIES IN THE PLATFORM. THE COMPANY DOES NOT GUARANTEE OR WARRANT ANY NANNY’S PERFORMANCE ON THE NANNY SERVICES OR OUTCOME OR QUALITY OF THE NANNY SERVICES PROVIDED.
    5. THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND.
  5. Indemnification
    1. You agree to indemnify, defend and hold harmless the Company, 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 the Company, arising out of your use of, or inability to use, the Platform; 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; your interactions with a Nanny; 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.
    2. You also agree to release, indemnify, and hold harmless the Company from any loss, liability, injury, death, damage, or costs that may result from the Nanny Services, regardless of the cause, including, without limitation, any act or omission by the Nanny during the provision of those services.
  6. Client Obligations
    1. All bookings and payments between you and the Nanny must be made using the Platform.
    2. You hereby agree that you fully acknowledge the Daily Limit as defined in Section ‎4.1 such that the Nanny Service hours are capped at a maximum of 8 hours per day. Without prejudice the above and subject to Section ‎11, it is hereby clarified that anything beyond the scope of the Daily Limit that is agreed between you and the Nanny (“Additional Services”) is entirely at the discretion of you and the Nanny. The Company is not responsible for, nor it will be involved in negotiations, scheduling, transactions, payments or disputes related to such Additional Services. 
    3. Once a Booking is confirmed, all communication regarding the Nanny Services, including time, location, and specific service details, must be conducted directly between you and the Nanny and you must ensure there are mutual agreements on all aspects of the Nanny Services. You acknowledge that you are required to promptly inform the Nanny of any changes to the agreed-upon schedule, location, or service details. Any such changes must be mutually agreed upon. Failure to properly communicate such a change may result in the cancellation of the Confirmed Booking and the loss of any refund, whether the Booking has commenced or not, subject to the Cancellation and Refund Policy outlined in Section ‎8 above.
    4. You acknowledge and agree that you and the Nanny must meet for the first time in a public place that has been mutually agreed upon.
    5. It is your full responsibility to ensure that the Nanny can enter the hotel or any other location in which the Nanny Services will be held without incurring additional charges from the Nanny. Any such charges shall be at your sole responsibility and at your expense. For cancellations of Nanny Services caused by the hotel’s or venue’s refusal to admit the nanny, no refund will be provided.
    6. You are obligated to provide accurate and comprehensive information about your family composition, location, and any specific needs or requirements that may affect the Nanny Service prior to the start of the Service. You agree to inform the Nanny in advance of any special instructions, allergies, medical conditions, or dietary restrictions concerning the children under the Nanny’s care.
    7. You understand and agree that you must ensure the health and safety of the Nanny while the Nanny is providing Nanny Services booked through the Platform and that you must ensure a safe and suitable environment for the Nanny, complying with any relevant local law or regulations. Providing a safe and healthy environment for the Nanny is your sole responsibility, and you bear all risks and liabilities in respect of injury or death as set above in Section ‎10, Section ‎11 and Section ‎12.
    8. You understand and agree that you are engaging a Nanny as an independent contractor. You understand that the independent contractor relationship is exclusively between you (as Principal) and the Nanny (as Contractor) and therefore you are solely responsible for your interactions with each other, and any other parties with whom you interact. The Company is not a party to this relationship and bears no responsibilities in respect of that independent contractor relationship.
    9. You understand that a Nanny may, in their absolute discretion, choose to decline a booking. The Platform is a matching service, and you understand and acknowledge that just as you choose which Nanny to request a Booking with, the Nanny may also choose which Bookings to accept.
    10. You agree that the Company will have the right, at its sole discretion, to block your Profile from the Platform without notice in case of complaints or negative feedback by the Nanny or Nannies.
    11. You hereby agree that the Company at its sole discretion has the right to amend the Terms of Use from time to time and notify you accordingly. 
  7. Miscellaneous
    1. Applicable Law and Jurisdiction. This Terms of Use shall be exclusively governed by and in accordance with the laws of the Kingdom of Thailand. The courts of Thailand shall have the sole and exclusive jurisdiction over any dispute or matter arising out of or in connection with this Terms of Use, or between the Parties. Each of the Parties hereby submits irrevocably to the jurisdiction of such venue.  
    2. Severability. Any provision of this Terms of Use found to be unenforceable will not void nor effect other provisions of these Terms of Use.
    3. No Waiver. The Company’s failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
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