Terms of Service

KidsCircle UG (limited liability) for companies, event organizers and other organizations (GTC for entrepreneurs)

These terms and conditions only apply to companies, event organizers and other organizations that want to offer their employees or participants the childcare services of KidsCircle UG.

If you are a consumer, our General Terms and Conditions of KidsCircle UG for participation in childcare offers by consumers (Section 2) apply to you .

 

1. Scope, Benefits

1.1 KidsCircle UG (limited liability) based in Stubbenkammerstr. 13, 10437 Berlin, entered in the Berlin-Charlottenburg commercial register under HRB 216174 B, (hereinafter “ Organizer ” or “ KidsCircle ”) offers childcare via its websites at www.kidscircle.de and www.kidscircle.io (hereinafter the “ Websites ”) conducted online via video solution and approved by parents/guardians (hereinafter " Parents ") or " parent " called) can be booked. The present General Terms and Conditions apply between the organizer and the company (hereinafter " customer ") that is the employer of one of the parents, and applies exclusively to the childcare services offered by KidsCircle by coaches who are either employed by KidsCircle or commissioned by KidsCircle ( hereinafter collectively referred to as the “ Kids Coaches ”). The contractual partner of the customer is exclusively KidsCircle.

1.2 These GTC only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. These terms and conditions apply in their current version as a framework agreement for future contracts for the sale of time quotas for childcare with the same customer, without KidsCircle having to refer to them again in each individual case. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that KidsCircle has expressly agreed to their validity. This approval requirement applies in any case, for example even if KidsCircle carries out the delivery of the time allotments to the customer without reservation, knowing the terms and conditions of the customer.

1.3 The organizer offers digital childcare for parents. The childcare offers and related services offered by KidsCircle are intended exclusively for participants aged 4 and over.

2. Conclusion of Contract, Terms of Payment, Conditions of Participation

2.1 The customer can purchase a specific time quota of his choice for his employees or participants (parents who want to use the services of KidsCircle) and make this available to his employees or participants in the form of voucher codes. Each voucher code is valid for a certain period of time (e.g. 60 / 90 / 120 minutes). The time quota is calculated by multiplying the number of voucher codes by the time period per voucher code.

2.2 The contract for the purchase of a certain time quota is concluded by means of an offer from KidsCircle and acceptance of the offer by the customer, whereby at least the text form (§ 126b BGB) is required for the offer and acceptance. The offer will be made either by email or via the websites. After receipt of the acceptance of the offer, KidsCircle creates a proper invoice and sends it to an e-mail address to be provided by the customer for this purpose.

2.3 The prices stated on our offers are net prices. Sales tax is shown separately, if applicable. Payment is made exclusively in advance to the bank details given on the offer and is due immediately after invoicing, unless otherwise stated on the invoice. Any deduction (cash discount, etc.) is excluded.

2.4 After receipt of the entire invoice amount, KidsCircle will send the customer a voucher code that represents the time quota purchased. This voucher code is valid for 365 calendar days from the confirmation of the offer or the order. In the case of event support, this is only valid during the event period. The voucher code can be used by parents when booking childcare on a website provided for this purpose at www.kidscircle.de or www.kidscircle.io in order to book the desired childcare with no additional costs. As soon as the time quota has been used up by booking the corresponding care offers, the voucher code loses its validity. After a parent has made a binding booking of childcare, revocation and cancellation in accordance with the General Terms and Conditions for Parents (see Section 5.2 below) is only possible free of charge up to 6 p.m. on the day before the booked offer. A rebooking is only permitted under the terms and conditions specified in the General Terms and Conditions for Parents.

2.5 The general terms and conditions of KidsCircle for the participation in childcare offers by consumers (terms and conditions for parents) also apply to the booking of childcare by parents, insofar as the terms and conditions for parents contain more extensive or more specific regulations (e.g. with regard to the data required for the child to be cared for children, service changes, rebookings or cancellations). Before making a binding booking for childcare, the parents must agree to the validity of the General Terms and Conditions for Parents.

3. Implementation of child care

The digital childcare offers are provided as part of a video conference with a maximum of 4 children per group by a kids coach and are carried out using the video conference solution from Video Communication Services AS, Gate 1 no. 101, 6700 Måløy, Norway (" Whereby ") realized. The Whereby Terms of Use are available here .

4. Warranty and Liability

4.1 The warranty is based on the mandatory statutory provisions. No specific guarantee or representation is expressly made.

4.2 KidsCircle's liability is limited to damage caused by intentional or grossly negligent injuries by KidsCircle and persons commissioned by KidsCircle. Moreover, liability is excluded. The General Terms and Conditions for Parents apply to liability towards parents.

5. Notes on data processing

You can read information about the handling of personal data at https://www.kidscircle.io/datenschutz . If we use data for advertising purposes, in particular a personal e-mail address to advertise our own similar services or products, the person concerned can send your cancellation of advertising to the known contact details at any time and unsubscribe from future advertising.

6. Amendments, Severability, Governing Law and Jurisdiction

6.1 KidsCircle reserves the right to change these General Terms and Conditions at any time with effect for the future, without there being any obligation to notify the customer. The current version of these GTC can be viewed at www.kidscircle.io from the time they apply.

6.2 Should provisions of these GTC or a future supplement be wholly or partially invalid or unenforceable or later lose their legal validity or enforceability, the validity of the remaining provisions of the GTC shall remain unaffected. The same applies if it turns out that the GTC contain a gap. Instead of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which corresponds to what the parties wanted or would have wanted according to the meaning and purpose of the contract, insofar as they did so when concluding this contract or the time of later acceptance would have considered the provision comes closest in legal terms.

6.3 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

6.4 The place of jurisdiction is the headquarters of KidsCircle. KidsCircle can also sue the customer at his registered office.

Berlin, September 15, 2021

Do you have any questions about our terms and conditions? Then please send us an email to info@kidscircle.io . We will contact you.

1. Scope of application, services for consumers

1.1 KidsCircle UG (limited liability) based in Stubbenkammerstr. 13, 10437 Berlin, entered in the Berlin-Charlottenburg commercial register under HRB 216174 B, (hereinafter “ Organizer ” or “ KidsCircle ”) offers childcare via its websites at www.kidscircle.de and www.kidscircle.io (hereinafter the “Websites ”) which are carried out online via video solution and booked by consumers, for example parents of the children to be cared for (hereinafter also referred to as “ customerorcustomer ”). The present General Terms and Conditions apply between the organizer and the respective customer for the childcare offers booked and paid for exclusively via the websites, which are carried out either by KidsCircle employees or by external coaches commissioned by KidsCircle (hereinafter referred to collectively as the “ Kids Coaches ”) will. The contractual partner of the customer is exclusively KidsCircle.

1.2 The organizer offers digital childcare. The childcare offers and related services offered by KidsCircle are intended exclusively for participants aged 4 and over.


2. Conclusion of contract, prerequisites for participation, implementation of childcare

2.1 Registration is required to book a care offer. The customer must truthfully provide all information marked as required during the booking process. In particular, the storage of the data on the participants is absolutely necessary in order to be able to guarantee a professional support offer and to avoid misuse.​

2.2 The childcare offers from KidsCircle on the websites each represent a legally binding offer within the meaning of § 145 BGB. After entering the personal data as part of the booking process and by clicking the book button in the final step of the booking process, the customer gives a binding Booking the selected care offers and ordering the necessary access data. For this purpose, the customer is shown a confirmation window with the details of the booking before the booking process is completed. In this, the customer can check and correct their entries again. Immediately after sending the booking, the customer will receive an e-mail confirming the contract that has been concluded for the booked care offers. This confirmation, together with the dial-in data that will be sent in a second e-mail, represents a " care ticket".

2.3 It is possible to book a childcare offer up to 3 hours before the start of the childcare offer. Childcare begins at the time of the video conference as specified in the childcare offer on the website and in the email confirming the contract.

2.4 The care ticket entitles you to participate in the specifically booked care offer on the date selected at the time of booking. A rebooking to another date is not possible. If an appointment cannot take place due to the illness of a kids coach, KidsCircle endeavors to offer an alternative appointment. There is no legal claim to this. If no alternative date can be offered, the customer will receive a credit note in the amount of the care ticket.

2.5 The digital childcare offers are provided as part of a video conference with a maximum of 4 children per group by a kids coach and are carried out using the video conference solution from Video Communication Services AS, Gate 1 no. 101, 6700 Måløy, Norway (" Whereby ”) realized. The Whereby Terms of Use are available here . If Whereby is not available for a longer period of time, KidsCircle will endeavor to switch to another video service; there is no legal claim to this. Short-term interruptions in childcare or short-term cancellations of booked childcare due to short-term technical difficulties or the short-term unavailability of the Whereby service do not entitle the customer to assert a claim for reimbursement.

3. Prices and Payment

The prices stated on the websites are total prices (including sales tax, if applicable). The specified payment methods are available to the customer for payment. The organizer works with the payment providers Paypal and Stripe. When using these payment service providers, the respective terms of use of Paypal or Stripe also apply.

4. Retention of title, right of withdrawal in the event of non-payment

Childcare tickets that have been issued remain the property of KidsCircle until full payment has been made. If no payment is received within the respective payment period, KidsCircle is entitled to cancel or block the respective childcare tickets without KidsCircle having to set a special deadline or issue a reminder. Additional rights of KidsCircle remain unaffected.

5. Statutory Right of Withdrawal, Cancellation

5.1 Since KidsCircle offers services from the area of leisure activities on a specific date or period, in particular care tickets for specific time-bound care offers, there is no right of withdrawal (cf. § 312 g Para. 2 No. 9 BGB). All childcare is offered for a specific date. There is therefore no statutory right of withdrawal.

5.2 The cancellation of booked and received childcare tickets for the childcare offered by KidsCircle by the customer is possible free of charge up to 6 p.m. on the day before the booked offer.

5.3 The KidsCircle monthly pass is valid for at least one month from the booking date and can be canceled or paused at any time in the customer profile. The pass is automatically renewed and is valid for all children of the same family. If courses have been booked with fixed dates, cancellations are possible up to 6 p.m. on the day before the booked offer. We charge a fee of €5 for cancellations received by email after this. Course dates can only be booked for the current month.

6. Change of service, rebooking, withdrawal

6.1 KidsCircle is entitled to make minor changes to the content of booked childcare services if this is necessary. Insignificant changes exist if a kids coach has to be substituted due to illness or if the time of a childcare offer is postponed by a maximum of 30 minutes for organizational reasons.

6.2 In the event of a significant change in the service of essential content of the booked care offer, the customer is entitled to withdraw from the contract with KidsCircle or to rebook to another care offer free of charge. In the case of price differences, the respective difference will be reimbursed or has to be settled by the customer.

6.3 KidsCircle is entitled to cancel a childcare offer at short notice due to illness or other cases of force majeure. In this case, the customer will be informed immediately by SMS/e-mail and is entitled to rebook to another care offer free of charge or to request a refund of the purchase price. In the case of price differences, the respective difference will be reimbursed or has to be settled by the customer.

6.4 KidsCircle is entitled to withdraw from the contract with the customer for an important reason until the booked care offer has been carried out. An important reason exists, for example, if the kids coach entrusted with the implementation of the care offer no longer works with KidsCircle or if the implementation of the care offer is impossible due to force majeure. In these cases, care tickets that have already been paid for will be refunded.


7. Warranty & 8. Liability

The warranty is based on the mandatory statutory provisions. No specific guarantee or representation is expressly made.

8.1 KidsCircle's liability is limited to damage caused by intentional and grossly negligent injuries by KidsCircle (including employed Kids-Coaches) and persons commissioned by KidsCircle (including external Kids-Coaches).

8.2 Furthermore, KidsCircle is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer can regularly rely. In the latter case, however, KidsCircle is only liable for foreseeable, contract-typical damage. KidsCircle is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

8.3 The above exclusions of liability do not apply in the event of injury to life, limb or health.

8.4 According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, KidsCircle is not liable for the constant and uninterrupted availability of our websites. Furthermore, KidsCircle is not liable for the constant availability of Whereby.

9. Notes on data processing

For information on how to handle personal data, please visit https://www.kidscircle.io/datenschutz . If KidsCircle uses your data for advertising purposes, in particular your e-mail address to advertise your own similar services or products, you can send your objection to advertising to the known contact details at any time and unsubscribe from future advertising.

10. Amendments, Severability, Governing Law and Jurisdiction

10.1 KidsCircle reserves the right to change or renew these GTC at any time with future effect, without there being any obligation to notify the customer. The current version of these GTC can be viewed on the website from the time they come into effect.

10.2 Should provisions of these GTC or a future supplement be wholly or partially invalid or unenforceable or later lose their legal validity or enforceability, the validity of the remaining provisions of the GTC shall remain unaffected. The same applies if it turns out that the GTC contain a gap. Instead of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which corresponds to what the parties wanted or would have wanted according to the meaning and purpose of the contract, insofar as they did so when concluding this contract or the time of later acceptance would have considered the provision comes closest in legal terms.

10.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention if (a) you have your habitual residence in Germany, or (b) your habitual residence is in a country that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies to the exclusion of the UN Sales Convention, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.

10.4 If you have your domicile or habitual residence in Germany when the contract is concluded and have either relocated from Germany at the time we file a lawsuit or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of our company in Berlin.

10.5 We would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr . Our email address is: info@kidscircle.io . According to § 36 VSBG, we point out that we are not obliged to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.

Berlin, August 14, 2022

Do you have any questions about our terms and conditions? Then please send us an email to kundenservice@kidscircle.io . We will contact you.