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Terms of Use

 

Please read these terms and conditions carefully before using Our Service.

 

Introduction.

Please read the following agreement carefully before accessing this Website. The information and services on this Website are provided by Gabi Childcare, LLC. (Gabi Childcare) subject to your agreement to the terms and conditions below. If you do not agree to these policies, terms and conditions, please log off this Website. When used in these Terms of Use, "we" and "our" means Gabi Childcare, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Website.

 

Acceptance of Terms of Use.

By accessing, browsing, or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.

 

Use of Information and Services.

You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us.

Any testimonials or endorsements on this website do not constitute a guarantee, warranty or prediction concerning your use of Gabi Childcare's services. The results portrayed, described, and or referenced on this Website were dependent on the facts and circumstances of each case, and results in other cases may differ.

Gabi Childcare is committed to equal employment opportunity. Gabi Childcare does not make employment or work-related decisions (including without limitation hiring, placements, referrals, training, assignment, promotion, transfer, compensation, discipline or termination) based on any legally protected characteristic or in an unlawful manner.

 

Modification of Terms.

These Terms of Use may be amended by Gabi Childcare, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

Gabi Childcare reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice.

Privacy Notice.

Personal information provided through this Website shall be used in accordance with Gabi Childcare's Privacy Policy (www.gabichildcare.com/privacy-policy) and these Terms of Use are subject to the Privacy Policy as posted on this Website.

 

Copyright and Trademarks.

You acknowledge that all content on this Website, including the Website's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "Content"), are the property of Gabi Childcare and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Gabi Childcare or the respective intellectual property rights owner.

Gabi Childcare authorizes you to view the Content only for personal, non-commercial use. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Website (including, without limitation, Gabi Childcare) are the sole property of Gabi Childcare and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Gabi Childcare. In addition, all page headers, custom graphics, button icons and scripts are Marks of Huge and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Gabi Childcare. Gabi Childcare will enforce its intellectual property rights to the fullest extent of the law.

 

Submissions.

Any communication received (resumes, cover letters, recommendation letters, pictures, transcripts, educational documents or other communications or information submitted through the Website) submitted to Gabi Childcare, or otherwise communicated in connection with your use of the WebSite (collectively,” Submissions") shall be and remain the exclusive property of Gabi Childcare with no further compensation to you. Any disclosure or any submission to Gabi Childcare does not create any obligation or liability on the part of Gabi Childcare. You are waiving any and all rights that you may have in the submission and you agree that any submission by you will not violate any right of a third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that no submission shall contain libelous or otherwise unlawful, abusive, or obscene material. You shall remain solely responsible for the content of any submission you make. Gabi Childcare takes no responsibility and assumes no liability for any content submitted or submitted by you or any third party.

Services.

Gabi Childcare LLC is a childcare service employment staffing agency. Each worker is an employee of Gabi Childcare.

 

Fees.

There is a nonrefundable service fee due before any service is scheduled. Fees are based on each family's needs. Each family is required to pay for any transportation, housing or activity fees while the worker is providing childcare needs. Each family is required to pay for car service for the worker’s transportation home if childcare services end between 9pm-6am. 

Payment.

Gabi Childcare accepts checks, money orders, Zelle, Venmo, credit or debit cards. There is a 10% processing fee if paid by credit or debit card and Venmo. There is a $50 fee for returned checks. All payments must be paid once dates are booked unless an agreement made with the family before services render. 

Scheduling.

There is a two hour minimum to book Gabi Childcare services except for morning pick up/ afternoon drop off services. There is no minimum for morning pick up/afternoon drop off services. There is a two hour notice to book any of other Gabi Childare services. 

 

Cancelation

Gabi Childcare would refund 100% if canceled within 24 hours of the scheduled date of services. If canceled less than 24 hours of the scheduled date, credit would be given to use at another available time based on Gabi Childcare discretion. 

 

STEAM Projects

Gabi Childcare would provide families with a list of age appropriate STEAM projects seasonally. Families have the option to select an activity from the list. Gabi Childcare would provide families a list of supplies for each project selected. Families have the option to purchase the supplies or have a Gabi Childcare employee bring the supplies for a fee. There are STEAM projects that require Gabi Childcare to bring the supplies and would cost a fee.  

 

Worker

Gabi Childcare would assign an individual worker to each family. Each family would receive a biannually background check, vaccination information, state ID and emergency contact for the assigned worker. Families have the option to request a change in the worker. To request a change in worker, please contact team@gabichildcare.com 

 

Termination of Services

Gabi Childcare and/or the family has to provide seven days advance notice to intent to terminate services if it’s a weekly ongoing service. Gabi Childcare agrees to return all property of the families, including, but not limited to, house remote entry devices, and car safety seats. As well as logging out any virtual planners. 

Families may immediately terminate for cause and without any advance notice for the following:

  • Allowing the safety of the kid(s) to be compromised

  • Inconsistent or non-performance of agreed upon job responsibilities

  • Dishonesty or lying

  • Stealing

  • Breach of confidentiality clause

  • Persistent tardiness of more than 15 minutes without valid reason

  • Unapproved visitors

  • Smoking during work hours

  • Consumption of alcohol during work hours

  • Illegal drug use

  • Breach of any of the terms of this Agreement by Gabi 

  • Reasonable apprehension that a Gabi Childcare employee will cause harm to the kid(s), the family or the property of either

 

Gabi Childcare may immediately terminate for cause and without any advance notice for the following:

  • Failure of the family to provide a safe work environment

  • Breach of any of the terms of this Agreement by the family 

 

Links to Third Party Websites.

Links on the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Gabi Childcare does not control or endorse any such third party websites. You agree that Gabi Childcare and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Gabi Childcare expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Gabi Childcare recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

 

Disclaimer of Warranties.

While Gabi Childcare strives to keep the information on this Website accurate, complete and up-to-date, this Website may contain errors or be incomplete in some respects. Gabi Childcare does not guarantee the accuracy or completeness of any information on this Website. Gabi Childcare assumes no liability or responsibility for, and makes no express or implied representations, guarantees or warranties about, any information, claims, testimonials, services or links on this website, or any websites or services linked to or accessible from this website. Your use of this website, Gabi Childcare's services, and any other services listed or accessible from this website is at your own risk.

Your use of the website is at your sole risk. the website and the content contained on this website are provided on an "as is" and "as available" basis. gabi childcare expressly disclaims all warranties of any kind, whether express or implied. gabi childcare makes no warranty that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the website is free from viruses or other harmful components, or (v) any errors in the website will be corrected. any material downloaded or otherwise obtained through this website is provided at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of the website, including without limitation, damages resulting from computer viruses.

some jurisdictions may not permit certain disclaimers of warranties, so some of the exclusions above may not apply to you. in such jurisdictions, we disclaim warranties to the fullest extent permitted by applicable law.

 

Disclaimer of Damages and Limitation of Liability.

neither gabi childcare or its affiliates shall under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to your access to, or use of or inability to use this website or any material, or any other website you access through a link from this website, or any incorrect or inaccurate information on this website. this is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including but not limited to property damage, loss of use, loss of data, loss of business, economic loss or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if gabi childcare has been advised of the possibility of such damage or loss. to the maximum extent permitted by applicable law, you expressly waive all claims against huge and its affiliates and their officers, directors, employees, suppliers and programmers that may arise from your access or use of this site.

 

Indemnification and Release.

You agree to indemnify, defend and hold harmless Gabi Childcare and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Gabi Childcare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

No Unlawful or Prohibited Activity.

As a condition of your use of this Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

 

Shut-down of Website.

Gabi Childcare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or consent. Gabi Childcare and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web site. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

 

Governing Law and Dispute Resolution.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. Gabi Childcare makes no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Website or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

 

Severability.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

 

No Waiver.

The failure of Gabi Childcare and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit Gabi Childcare's right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

 

Terms of Service

Last updated: January 1, 2023

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