Terms & Conditions
v. February 2023
myTamarin | Your Trusted Childcare Partner
Section A: PLACEMENTS
Section B: PRICING SCHEDULE
Section C: USE OF WEBPAGE
Section D: VIRTUAL SUPPORT
Section A: PLACEMENTS
“Agency” means Tamarin Group LTD, registered office at 2 Woodberry Grove, Finchley, London, N12 0DR. For the purposes of these terms and conditions, Tamarin Group LTD has no authority or responsibility to enter into a contract with a Candidate on behalf of a Client or in any other way.
“Candidate” means any child carer or other domestic worker who is introduced (whether orally or in writing or electronically) to a Client by the Agency.
“Commencement Date” means the date upon which an Engagement commences.
“Client” means any person (including any firm or corporate body) to whom a Candidate is introduced.
“Engagement” or “Engage(s)” or “Engaged” means the engagement, employment or use of the Candidate by the Client or any third party, whether under a contract of employment or contract of services or otherwise, on a temporary or permanent basis following an Introduction by the Agency.
“Introduction” means the passing by the Agency to the Client of Candidate Profiles or other information in relation to a Candidate.
“myTamarin fee or Fee or Agency Fee” means the fee the Client shall pay to the Agency for the introduction of and matching with Candidates.
“Activation Fee” means the fee the Client shall pay to begin the search for suitable Candidates.
“Automated Payment Method” means the payment method chosen by the Agency to handle regular payments. This includes but is not limited to Direct Debits and Debit or Credit card mandates.
“Newborn Expert(s)” are maternity nurses, night nannies or night nurses and doulas.
“Temporary position” or “Temporary placement” is any placement intended to be less than sixteen weeks. A placement of a Newborn Expert is not a temporary position or a temporary position for the purposes of this definition, although temporary in its nature.
“Permanent position” or “Permanent placement” is an Engagement requested as being permanent by the Client, regardless of its duration. This is not withstanding that the placement may be less than one year in duration.
These Terms and Conditions constitute the entire and binding agreement between the Agency and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of the Client:
- requesting the Agency to provide details of Candidates; or
- receiving a Candidate’s details; or
- contacting a Candidate; or
- offering employment to or entry into an arrangement with a Candidate (the “Offer”); or
- passing on any information about a Candidate to any third party following an introduction.
3 Agency services
Search and matching
The agency shall use reasonable endeavours to introduce to the Client Candidates, whom the agency considered suitable to be engaged by the Client to carry out work of such nature as identified by the Client. Any requirements specified which are unreasonable or constitute discrimination will not be part of the search criteria.
While the Agency will endeavour to meet the requirements of the Client it is under no obligation to ensure that the Client is introduced to any Candidates.
The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role and check that Candidates are willing to work in the position which the Client seeks to fill.
The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided, but does not offer any warranty as to the suitability, honesty, character or capability of any Candidate.
The Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information provided by the Candidates or other third parties is accurate.
The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary.
For the avoidance of doubt, the Agency is not responsible for checking medical history of Candidates.
Written consent from a Candidate is required in order for the Agency to be able to share sensitive personal data with third parties under the General Data Protection regulations, which is why sometimes we are not able to share this data.
Employment legislation considerations
The Agency will facilitate the employment or another service agreement (as applicable) between the Client and the Candidate by 1) providing a template contract, 2) by holding deposit payments from Clients where applicable, 3) by facilitating payments from Clients to Candidates under the relevant service, and 4) by providing payroll services for Clients where applicable.
The Client is responsible for the Engagement of the Candidate in accordance with all applicable employment legislation. The Agency will not Engage the Candidate directly and the Client is responsible for putting in place a suitable contract of employment or contract for services between the Client and the Candidate.
The Agency has prepared the template contracts together with legal experts; however, both the Clients and the Candidates acknowledge and accept that the Agency itself is not insured to provide legal advice. The Clients and the Candidate further acknowledge and accept that any and all changes they make to the template contracts are their own responsibility.
The Client is responsible for obtaining all necessary work permits or visas where necessary.
If applicable, the Client is responsible for arranging any appropriate medical examination of the Candidate and for checking the medical history of the Candidate.
At the request of the Client, the Agency will permit the Client to trial a Candidate for up to 2 days (“Trial Period”), for all placements except for those with Newborn Experts or Temporary Placements. The 2 trial days have to be used on consecutive days, otherwise the second and any subsequent trial days are subject to the Agency fees for temporary placements.
The trial can only commence before an offer of employment or contract of services has been made. To the extent that the Client continues to Engage the Candidate after the Trial Period, he/she shall be liable to pay the relevant myTamarin Fee in accordance with the Pricing Schedule.
Before the trial commences, a valid Automated Payment Method must be set up with the Agency. All monies due will be paid via this method, including any payments for the Candidate. The Client is liable for the compensation of the Candidate based on their agreed hourly rate as well as any Agency fees as applicable.
4 Client responsibilities
Payments to Agency
To activate a search, the Client must pay an Activation Fee according to the Pricing Schedule which is non-refundable. The matching service will not commence until the Activation Fee is received.
The Activation Fee applies to one search. If the Client begins a new search, or changes the parameters of an active search, a new Activation Fee is due. This includes, but is not limited to a change in start date, duties, hours, salary, accommodation and language requirements.
The Client agrees to notify the Agency immediately should it choose to Engage a Candidate who has been introduced by the Agency. As a result of such Engagement, the Client agrees to pay the Agency the myTamarin fee as set out on the Website and/or the current Pricing Schedule. In addition, VAT will be charged.
For Permanent and Newborn placements, the Client must set up an Automated Payment Method within 48 hours of an offer of employment or contract for services being accepted by a Candidate, or by 5pm on the day before the start date of the Candidate’s new position, whichever date is sooner.
For Temporary placements, the Client must pay the Activation Fee and set up an Automated Payment Method before the Agency introduces Candidate(s) to the Client. If the Client doesn’t set up an Automated Payment Method, the Agency can refuse to introduce Candidates to the Client.
For Trial placements, the Client must set up an Automated Payment Method by 5pm on the day before the start date of the Candidate’s trial.
Should the Client cancel the Automated Payment Method before all monies due are collected, or if any payment through the Automated Payment Method are declined or otherwise not collected, the Client must immediately pay the amounts due to the Agency via a bank transfer. Additionally, a £25 administration fee will be charged in addition to the statutory interest rate.
For all overseas placements, the Client must pay the Agency the myTamarin Fee within 7 days of an offer of employment or contract for services being accepted by a Candidate, or by 5pm on the day before the start date of the Candidate’s new position, whichever date is sooner.
Payments to Candidates, for Candidates, or Related to Engaging Candidates
The Agency provides a deposit holding, and a payment, payroll and pension processing system, which the Clients and the Candidates must use as applicable. For example, the deposit holding and payment processing systems are applicable for newborn expert service contracts while the payment and payroll processing are applicable for employment contracts.
While the Agency is managing the payments and payroll compliance where applicable, the Client is ultimately responsible for paying all wages and expenses of the Candidate. The Client is also responsible for Candidate’s tax, national insurance contributions and pension contributions, where applicable. For example, if the Agency charges to Clients don’t clear, the Agency is not responsible for any missed payments.
The Agency shall obtain references from each Candidate, but it is the responsibility of the Client to satisfy himself/herself as to the suitability of any Candidate, to take up any references provided by the Candidate of the Agency and to make appropriate checks of all relevant qualifications or driving qualifications and relevant insurance policies.
We recommend that each Client ensures that their childcare provider has a current Public Liability insurance with a minimum limit of £1M.
5 myTamarin fees
The amount of the myTamarin fee will be determined by reference to the type of Engagement as set out in the Pricing Schedule.
The myTamarin fee is further subject to minimum fees as set out in the Pricing Schedule. The minimum fees are never discounted.
The myTamarin Matching Fee is payable when the Client agrees to engage the Candidate and in any case before a Candidate starts working for the Client.
It is the Client’s obligation to immediately, and no later than 24 hours after the introduction, either by phone or email, to inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification the Agency is entitled to assume that it affected the introduction and the relevant myTamarin fee will be payable.
Subsequent Engagement of Candidates
Any subsequent Engagements or re-employment of Candidates introduced to the Client within 48 months from the initial Introduction are subject to the myTamarin fee.
Bypassing the Agency
Engaging the Candidate directly or through another agency will be seen as bypassing the myTamarin fees and hence the Agency is entitled to charge the myTamarin fee.
If a Client Engages a member of staff who has been introduced by the Agency but doesn’t inform the Agency within 7 days, the costs owed to the Agency will be the reasonable administrative costs of recouping the myTamarin fee, in addition to the usual debt interest level.
Passing on introductions
If the Client or a member of the Client household or staff, or any associate of the Client passes on the details of a Candidate to any other person within 48 months of the introduction to the Client by the Agency, and the third party subsequently engages the Candidate’s services, the Client is liable for the myTamarin fee in accordance with the fee structure in place then.
Changing a temporary position to a permanent position
Where a temporary position subsequently becomes a permanent position, the Client will be liable to pay the relevant fee for the permanent position, from which the already due or paid temporary fee would not be subtracted.
6 Fee for Temporary Placements and Newborn Experts in the UK
Client agrees to pay the Agency fees as per the Pricing Schedule either via bank transfer or via an Automated Payment Method.
The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the Engagement. The Activation Fee will be deducted from the Matching Fee.
The Agency will add an admin fee of £25 +VAT for each instalment that has to be collected differently, has failed or is delayed in addition to the statutory interest rate.
7 Fee for Permanent Placements in the UK
Client agrees to pay the Agency fees as per the Pricing Schedule either via bank transfer or via an Automated Payment Method. The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the engagement.
8 Fee for UK and Overseas Permanent, Newborn and Temporary Placements
Client agrees to pay the upfront fee as per the Pricing Schedule via bank transfer.
The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the engagement.
9 Fee Calculations
When the Agency Fee is calculated based on the Candidates wages, it is calculated based on the gross annual salary, assuming standard UK tax code, even when the wages between the Client and the Candidate are agreed on a “net” basis.
When the hourly, weekly, monthly or annual pay rates, and/or the working hours agreed between the Client and the Candidate are lower than those rates and/or working hours that the Agency was initially briefed with by the Client and has advertised them to Candidates, the Agency fee will be calculated based on the initially brief pay rates and working hours.
If the scope of the engagement increases in working hours over time, the Agency Fee will be calculated based on the higher number of working hours.
10 Extensions and Additional Engagements
If a Temporary or Newborn placement is extended in duration beyond the confirmed finished date, the Client is responsible for informing the Agency and is liable for any additional fees.
If a Candidate is offered additional employment or engagement, either temporary or permanent, the Client is responsible for informing the Agency and is liable for any additional fees.
11 Payroll and Payment Processing Service
Payroll Service for Permanent Nannies
The Agency provides a payroll and payment processing service. For Clients paying the Agency Fee for a Permanent placement the service is included free of charge for the first year.
1) for the Agency to facilitate the payments from Clients to Candidates via the same Payment Method by collecting the monies due from Clients and paying those monies to Candidates,
2) for the Agency to collect due tax, national insurance, pension and similar charges, and pay them to relevant accounts in Client’s name.
Client further agrees that any such payments will be collected a minimum 1 week prior to the date that payroll is processed.
Before engaging in the service, The Client must provide all necessary information required for the Agency to provide the service.
For Clients paying the Candidate on a monthly basis, payroll will be processed on the last working day of the month.
For Client’s paying the Candidate on a weekly basis, payroll will be processed every Monday for the week prior except on Bank Holidays, where payment will be processed on the next working day.
It is the Client’s responsibility to notify the Agency of any changes that would affect the total remuneration of the Candidate during any given payroll period e.g. overtime worked or changes in hourly rate. If the Client does not notify the Agency of these changes before the Automated Payment Method is triggered, the difference will be made up in the subsequent payroll period.
In the event that payment via the Automated Payment Method does not clear before payment is due to the Candidate, the Candidate will not be paid until the Client has transferred the necessary funds to the Agency. The Agency will add an admin fee of £25+ VAT for each instalment that has to be collected differently, has failed or is delayed in addition to the statutory interest rate.
Any payments made directly to the Candidate by the Client constitute a breach of the agreement between the Agency and the Client, in which case the Agency can stop providing its services to the Client, including payroll and backup care.
The Agency reserves the right to outsource the Payroll service to a suitable provider contracted by The Agency.
Payment Processing for Newborn Experts and Temporary Nannies
The Client agrees that the Agency will process all fee payments to Candidates on Maternity Nurse or Temporary Nanny contracts.
The Client agrees that any and all Candidate wages will be collected via the Automated Payment Method that has been set up to pay the Agency Fees.
The Agency will process payment for a previous week’s work on the first working day of the week following.
It is the Client’s responsibility to confirm the hours worked by the Candidate the previous week when requested by the Agency, otherwise the hours reported by the Newborn Expert will be taken as a basis for the payment.
Any payments made directly to the Candidate by the Client constitute a breach of the agreement between the Agency and the Client, in which case the Agency can stop providing its services to the Client, and charge any expected remaining fees for the booking immediately, and is not responsible for any refunds or replacements if those are requested. For the avoidance of doubt, should the engagement be extended beyond the originally booked period, Agency is entitled to additional fees as per the pricing schedule.
12 Backup Care for permanent UK placements
myTamarin offers Backup Care, included free of charge for the first year to Clients who employ a permanent nanny in the UK. This means when their permanent nanny is off sick or on holidays, myTamarin will endeavour to provide a backup care nanny for them. For the avoidance of doubt, backup care is only to cover the contracted hours of the regular nanny, it is not to cover hours outside of these.
Backup care is limited to a maximum of 2 weeks (10 days a year), starting from the first day of the employment of the permanent nanny.
Backup care is subject to availability; while The Agency will put in its best effort to find a replacement for the period of holidays and illnesses, we cannot guarantee that a suitable nanny will always be available.
Backup care is intended to cover planned absences or long-term absences, however the Agency will try to find short term emergency Backup care where possible. If the Agency feels a Client is abusing the Backup care service, for example by repeatedly requesting short-term Backup Care cover, The Agency reserves the right to remove The Client’s access to the service.
For the avoidance of doubt, Clients are still responsible to pay the backup care nanny’s salary.
13 Replacements and cancellations
Permanent UK and Overseas placements
In the case of cancellation by the Client or Candidate, prior to the commencement of the engagement or within the first sixteen weeks of commencing the Engagement, the Agency will provide no fewer than three suitable replacement Candidate profiles for the Client. Replacement candidate profiles will be sent within four weeks of the Candidates’ departure from the position and will be selected based on the original job description provided to the Agency by the Client.
If the Client refuses a suitable alternative there is no refund or pro-rata refund option available.
For the Replacement search, the Agency will select profiles of Candidates based on the information originally provided for the initial search. The Agency will not be offering a replacement search under the job description that differs from the one originally shared by the Client.
The Client shall only be eligible for one Replacement and shall no longer be eligible for a Replacement after the first Candidate has been replaced. There will be no second or further replacements after a first Replacement without a new Agency fee being paid.
Newborn expert and temporary placements (UK and Overseas)
In case of cancellation by the Client or Candidate, the Agency will offer a suitable alternative within 7 days. If the Client refuses a suitable alternative, the Agency reserves the right to retain the myTamarin fee.
The Client shall only be eligible for one Replacement and shall no longer be eligible for a Replacement after the first Candidate has been replaced. There will be no second or further replacements after a first Replacement without a new Agency fee being paid.
Conditions and other provisions
Replacements are conditional upon:
- Payment of myTamarin Fees has been settled in full prior to the commencement of employment or engagement;
- The reason for the Candidate leaving employment was not a result of a change in the material terms of the contract of employment or contract for services between the Client and the Candidate, including but not limited to the change in job description, location or working hours originally agreed, or change in working conditions;
- The reason for the Candidate leaving employment was not because the Client was physically or verbally aggressive toward the Candidate;
- As per the Conduct of Employment Agencies Act and Employment Business Regulations 2003 the Client has provided the Nanny and the Agency with a copy of a signed employment agreement specifying the conditions of employment between employee and employer;
- There was no breach by the Client of the contract of employment or contract for services between the Client and the Candidate;
- In the case of permanent nanny placements, when the employment has been terminated by the Client, the Client has carried out a performance review and has made clear the areas of improvement along with the acceptable level of performance. A copy of the performance review must be shared in writing with the Candidate and Agency on or before the 3-month review date.
- The Candidate was not dismissed by the Client other than on just and reasonable grounds;
- If the Client has terminated the employment, the Family has followed the disciplinary rules, procedure and dismissal procedure included as required by law in the employment agreement;
- The Client following their legal obligations, e.g. PAYE / HMRC liabilities.
The start date or the commencement of the Engagement date for the purposes of when the sixteen-week period for Permanent Placements starts is the first date when the Candidate started working for the Client, regardless of whether it began as a temporary placement or not, excluding the Trial period of 2 days if applicable.
Should the Client continue to employ the existing Candidate throughout their replacement search but in excess of the sixteen-week guarantee period, temporary fees will apply.
14 Liability and Indemnity
The final decision to employ or otherwise engage a Candidate is the sole responsibility of the Client and the Agency or any of its staff shall not be liable for any costs, damage, losses (including loss of earnings), injury (unless due to the Agency’s gross negligence) or misconduct related to the introduction of the Candidate to the Client or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate.
In no circumstances shall the Agency have any liability to the Client beyond the value of the myTamarin fees paid in respect to an Engagement. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
You agree to indemnify, defend and hold Tamarin Group LTD and all of its directors, employees, associates, information providers (together, the “Indemnified Parties”) harmless from and against all liability and costs incurred by the Indemnified Parties in connection with any claims arising out of any breach by you of these terms and conditions or any representations, warranties and covenants provided by you. Tamarin Group LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Tamarin Group LTD.
All information provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency).
In particular, if you are a Candidate you consent to your CV and other employment credentials being made available on the Websites for the purposes of marketing your services to potential Clients. If you are a Client, you consent to being referenced in the CVs and other employment credentials of the Candidates you hire through the Tamarin Group service, and subject to the Data Protection Regulations, such references may be made available to other Clients on request and occasionally made publicly available on the platform.
Where possible, Candidates should obtain permission of Clients before referencing them in CVs and other employment credentials. However, Tamarin Group LTD bears no responsibility for the obtaining of such permissions.
16 Disputes between Candidates and Clients
If any disputes or disagreements arise between Candidates and Clients relating to the services provided by Candidates or payments made by or due from Client, the Candidates and the Clients are responsible for resolving any such disputes directly with each other. The Agency shall not be a party to any such dispute and is not obliged to take any action toward resolving the dispute.
17 Law and Jurisdiction
These Terms and Conditions (including all section, Section A, Section B and Section C) and the relationship between you and Tamarin Group LTD shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Section B: PRICING SCHEDULE*
myTamarin reserves the right to change the rates for any Agency fees or other sums payable under this Agreement at their discretion.
myTamarin Activation Fee
- The Activation fee is non-refundable
- myTamarin fees for UK-based placements
For permanent positions
- Live-out: 5 x Candidate’s gross weekly salary
- Live-in: 6 x Candidate’s gross weekly salary
- Minimum Agency fee of £2,000
For newborn experts (maternity nurses, night nannies and doulas)
- 10% of the newborn experts fee subject to a minimum of £25 for each day/night session up to 24hrs
- Minimum Agency fee of £100 per individual booking/expert
For temporary nannies
- £25 for each day
- Minimum Agency fee of £100 per individual booking/nanny
Trials for permanent placements
- Up to and maximum two consecutive days per nanny: FREE
- Otherwise subject to the temporary nanny fees
myTamarin fees for overseas placements
For permanent live-in or live-out positions
- 15% of Candidate’s annual salary
- Minimum Agency fee of £6,000
For newborn experts (e.g. maternity nurses, night nannies and doulas)
- 15% of the Newborn Experts total Remuneration
For overseas temporary nanny placements
- There is no fixed price for temporary nanny placements, a fee will be agreed based on the placement duration before the search begins
Stand Alone Payroll Service
- Monthly: £99 for the first three months, then £29 per month
- Yearly: £324
All prices are subject to additional VAT.
Section C: USE OF WEBPAGE
These terms and conditions govern your access to, downloading and use of the entire contents of www.mytamarin.com (“Home Website”) owned and operated by Tamarin Group LTD (“Tamarin Group”, “us”, “we”, “our”) as well as any forms, surveys or questionnaires sent or otherwise supplied to you by us (“Other Web Sites”) (combined “Websites”).
The Websites are not intended for the use of minors. By continuing to use this Websites you represent and warrant that you are over the age of 18.
19 Intellectual Property
All content included on the Websites, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, questionnaires, surveys, algorithms, and page layout (“Web Content”) is the property of Tamarin Group. By continuing to use the Websites you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Websites or any of the Web Content. You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Websites except to the extent allowed by law.
20 Links to Other Websites
This Website may contain links to other sites which are not under the control of Tamarin Group or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
21 Your access to our services
While Tamarin Group LTD endeavours to ensure that the Websites are normally available 24 hours a day, we shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
Tamarin Group LTD may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.
23 Your privacy and information you give us
24 Your consent and confidentiality
25 Prohibited Content
You are prohibited from posting or transmitting to or from the Websites any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- contains photographs or images of a child, unless you are that child’s legal guardian;
- contains or discloses another person’s personal information without his or her written consent; or
- collects or solicits another person’s personal information for commercial or unlawful purposes.
Furthermore, you shall not:
- use the Websites or its Web Contents in any unlawful manner;
- misuse the Websites (including, without limitation, by hacking or inserting malicious code);
- resell the Websites or its Web Contents;
- infringe our or any third party’s intellectual property rights in your use of the Websites or its Web Contents;
- use the Websites to solicit, advertise to or contact Clients or Candidates for any purpose other than to arrange placements through the Websites or to post or message users of the Websites regarding placements;
- use the Websites to transmit chain letters, junk or spam;
- use the Websites to harass, abuse or harm another person;
- frame or use any framing techniques to enclose the Websites or any part of it;
- take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
- use the Websites in any way which may cause, or be likely to cause, access to or use of the Websites to be interrupted, damaged or impaired in any way.
Section D: VIRTUAL SUPPORT
26 Virtual platform
myTamarin virtual platform comprise the mytamarin.com website and any other website, mytamarin.app and or application which operates on smartphones that is provided by and operated by myTamarin Group (“Platform”).
27 Virtual support services
myTamarin provides access to third-party professionals (each, a “Practitioner”) and information to support end users through various key life stages including fertility, parenthood, and menopause (each, the “Services”). Practitioners may provide information, advice and support through chat services, telephone calls, online video calls.
You or your employer may have entered into an agreement with myTamarin to procure your access to our services. We will provide information with respect to the scope and duration of the Services procured by you or for you via your employer.
The scope of the support provided by Practitioners is non-medical. myTamarin does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, diagnoses, or other information that may be provided or mentioned by any Practitioner. We encourage you to consult with your healthcare provider before using our services or engaging any Practitioner. Our Services are not a substitute for a primary care physician, obstetrician, paediatrician, or any other medical service provider.
You should not place reliance upon or use our Platform, Practitioners and or Services for any medical or other emergency services requirements. If you need urgent help then please immediately call the relevant medical or other emergency services response number.
28 Using myTamarin virtual platform
To use the Services, you first need to register on the myTamarin webpage or mobile app and create an account (“End User”) account. When registering, You are obligated to provide us with certain information, such as your name, date of birth, etc.
To use the Services, you must be 18 years of age or older and reside in a jurisdiction in which the Services are provided. If You reside in a jurisdiction that restricts the use of the Services because of age, legal, religious, or moral views prevalent in such jurisdictions or restricts the ability to enter into contracts such as this one, e.g., due to age, you must abide by such age limits and you must not use the Services if precluded from doing so. You represent that you are of legal age to enter into a binding contract.
29 Restrictions related to the use of Services
You may not:
Upload, post, or transmit to any Practitioner, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, including another user, Practitioner, or an employee of myTamarin, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge or plagiarize headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
Upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterized, or are intended, as “medical advice”;
Attempt to interfere with or disrupt our information technology servers or networks;
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
Stalk or otherwise harass another user or any of our employees or Practitioner;
Solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users, any minors, or users, including user names or passwords; or access or attempt to access another user’s End User account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.
30 Your responsibility
You are solely responsible for your interactions with Practitioners and any other parties with whom you interact through the Services.
To the fullest extent permitted by applicable laws, you agree to waive and release any potential future claim against any and all persons or entities (including, but not limited to Tamarin Group LTD and your present and future employers or other relevant organisations) that may in any manner be responsible for directly or indirectly sponsoring the Services, making you aware of the Services or creating, distributing or providing information and materials contained on the Platform or any associated or linked web sites or platforms.
You are responsible for determining your suitability to be a user of the Platform and the Services and confirm that only you can determine whether a physical or medical examination should be undertaken prior to using the Services in any capacity. You acknowledge that you are solely responsible for all aspects of your health and wellbeing before, during and after your use of the Services.
31 Warranty disclaimer
You use the Services at your own risk. myTamarin does not guarantee that you will find the Services relevant, useful, correct, satisfactory or suitable for your needs. We do not guarantee that any Practitioner is categorised correctly or will be correctly matched to you. myTamarin expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Services and assumes no liability or responsibility to you or any minor for whom you are responsible, for any errors, mistakes or inaccuracies in such content or in the Services provided by myTamarin or Practitioners, or information and advice provided by an Practitioner or through our mobile application or Platform, You agree that your access to and use of the Services, Practitioners and the content is made available on an “as is, as available” basis and myTamarin specifically disclaims any representations or warranties expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose and non-infringement. myTamarin does not warrant or make any representations regarding the use or the results of use of the Services, offerings, content, and materials made available through the Platform and the Services, including without limitation the availability, use, or results of the Services provided by a Practitioner.
32 No medical care provision
myTamarin is not a licensed medical care provider and myTamarin does not act in a health care professional capacity. You should not change any treatment or care plan, medication or therapy based on information you received through the Platform or Services or from any Practitioners. Consultation with the Practitioners made available via the Services is supplementary to any treatment or care provided by your healthcare provider and should not replace regular medical visits with your healthcare provider. Always seek advice from your physician or other qualified health care practitioner regarding your medical condition or the use (or frequency) of any medication or medical device. Information provided by the Practitioners made available via the Services is offered for information purposes only and is not a recommendation or endorsement of any drug, device or treatment or representation that a particular drug, device, or treatment is safe, appropriate, or effective for you. Questions regarding any drug, device or treatment should be directed to your healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Services. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. myTamarin Practitioners do not provide emergency services.
33 Limitation of liability
To the fullest extent permissible under applicable laws, in no event will myTamarin be liable to you or any third-party for any indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, including negligence, or otherwise) arising out of these Terms, or the use of, or the inability to use, the Services, including without limitation, any information or data made available through the Services or any services performed by any Practitioners that you connect with via the Services (including claims of medical malpractice), even if we are advised beforehand of the possibility of such damages in the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability of myTamarin for all claims (whether in contract, tort (including negligence) or otherwise) of every kind arising out of these Terms will not exceed the amount of fees paid for the use of your End User account during the twelve (12) month period immediately preceding you becoming aware or when you should reasonably have become aware of a claim arising. If any portion of this limitation of liability is found to be invalid, myTamarin’s liability shall be limited to the extent permitted by applicable laws.
You agree to defend, indemnify, and to hold harmless myTamarin, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) arising, resulting from, or relating to: (a) Your use of the Services or Your inability to use the Services; or (b) an allegation that You violated any representation, warranty, covenant, or condition in these Terms. Your agreement to defend, to indemnify, and to hold myTamarin (and its officers and directors) harmless applies whether a claim against myTamarin is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to Your violation of any third party right, a claim that the Services caused damage to You or to any third party and/or Your use and access to the Services. This indemnification section shall survive your termination of or cessation of use of the Services.