DISCLAIMER

IMPORTANT – By using the Service (as defined below), you are deemed to have read, understood, accepted and agreed with the Terms of Use and the representations made by yourself below.  If you do not agree or do not wish to continue using the Service, please do not continue using the Application, Software or Service (as defined below).

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and Wonder Tots Resources Sdn. Bhd. (1336290-M) with its registered address at 24-A, Jalan Sutera Merah 2, Taman Sutera, 81200 Johor Bahru, Johor, Malaysia (the “Company”).  In order to use the Service you must agree to the Terms of Use that are set out below and the Company’s operational policy as set out in page two (2).  By using the online platform, mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software or communication channels supplied by the Company (“the Software”) which overall purpose is to:

  • enable persons seeking caring services to be matched with independent third party care providers (“Carers”, also referred to as “Care Teacher” and “Parents” in the “Frequently Asked Questions” page)
  • facilitate the collection and release of payments between parents (persons seeking the Care Teacher services) and the Care Teacher (babysitter);
  • facilitate the contact between parents and the Care Teachers;
  • any other ancillary or related services  (collectively the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and
  • any future amendments and additions to the Terms of Use as published from time to time at https://caretots.com/  or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit.  Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://caretots.com/.  You agree that it shall be your responsibility to review the Terms of Use regularly and the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

The Company is a technology company that does not provide childcare services and the Company is not itself a childcare service provider.  The Company acts solely as an online platform for Parents and Babysitter to search, match both needs in babysitting services.  It is up to the CareTeacher to offer their services to you and it is up to you to accept such services.  The service of the Company is to match you with such CareTeacher, but does not nor is it intended to provide childcare services or any act that can be construed in any way as an act of a childcare service provider.  The Company is not being responsible nor liable for the acts and/or omissions of any Care Teacher and/or any of the Care Teacher’s services provided to you.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.  By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use.  You further confirm that all the information which you provide shall be true and accurate.  Your use of the Service is for your own sole, personal use.  You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.  When using the Service, you agree to comply with all applicable laws and/or by laws of Malaysia and any state and city in which you are present while using the Service.

You may only access the Service using authorized means.  It is your responsibility to check and ensure that you have downloaded the correct Software and the latest version of Application for your device.  The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.  The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device, or for purposes other than which the Software and/or the Application is intended to be used.  The company is also not responsible for any deals or service obtained not via formal company platform.

The Company is not liable for any losses, damages, claims or costs including any consequential, indirect or incidental losses or damages to your mobile device or any applications stored therein as a result of installation or use of the application.

  1. Terms of Use

By using the Software or the Application, and any communication channels associated with the platform you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the Care Teacher’s purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the Care Teacher’s;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to any third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete.  You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service, or refuse you the performance of the Care service booked via the Service at any time;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
  • You are aware that when requesting the Care Teacher’s services by use of the Service, standard telecommunications charges will apply at your cost;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable best effort basis;
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and
  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the CareTeacher and/or the Company as a result of any breach of the Terms of Use.


  1. Star Ratings and Love Ratings

The Company rated all Care Teachers with Star Rating to identify and signify Care Teachers category.  Love Ratings also available in the Applications for you Users/Parents to express views or feelings towards Care Teachers services upon every check-out of bookings.

Every rating will be based on, but not limited, to the Care Teacher’s conduct or behavior, before, during or after the service has been completed.

  1. The Personal Data That We Collect

In order to provide you with our service(s), deal with your inquiry(ies), open and operate an account with us, and/or to inform you of current and upcoming promotion(s), we need to collect and use your Personal Data or the Personal Data of a third person.  In the event that we are not provided with all the Personal Data that we request, we may not be able to provide you with our service(s) or continue to provide you with our service(s).

The extent and type of Personal Data that we collect from you depends on our service(s) that you subscribe to and/or the purpose of the collection of the Personal Data.  The Personal Data that we collect may include, but not limited to, your name and your dependent’s NRIC number, nationality, address, email address, mobile phone number, date of birth, gender, race, photograph, video, location information, usage and preference, device and log information, login name and password.

  1. Use and Disclosure of Personal Data

We shall use and disclose your Personal Data for such purpose(s) that the Personal Data was collected, as indicated above and for any other secondary purpose(s).  We shall disclose, where necessary by law or regulation, your Personal Data to our related entities, service providers, who assists us in providing and/or supplying our service(s).

The Company will not provide your details to third parties for direct marketing purposes (for example for the sending of special offers) without your explicit permission.  The Company may use a rendering of your account in the Application to advertise and the use of https://caretots.com/.  The information provided will be anonymized.

We may use the Personal Data we collect for testing, research, analysis and product development. This allows us to understand and analyze your needs and preferences, protect your Personal Data, improve and enhance the safety and security of our Services, develop new features, products and services, and facilitate insurance and finance solutions.

We may also use your Personal Data when we are required, advised, recommended, expected or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental or other authority.  It may also be used to investigate and resolve claims or disputes, or as allowed or required by applicable law.

We may also use your Personal Data in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of our business by another company.

  1. Retention of Personal Data

We retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law.  Once your Personal Data is no longer necessary for the Services or purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, anonymize or prevent access or use of such Personal Data for any purpose other than compliance with this Privacy Notice, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.

  1. Control of your Password

You are responsible for all actions taken with your password, including fees.  Therefore, the Company does not recommend that you disclose your password to any third parties.  If you choose to share your password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your password and therefore you should review that third party’s Privacy Policy.  If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf.  Therefore, if your password has been compromised for any reason, you should immediately change your password.

  1. Payment Information

The Company requires you to provide certain financial information, such as a bank account number or credit card information in order to facilitate the processing of payments either debit or credit.

The Company strictly not accepting any physical cash for debit or credit purposes.  The payment for the Care Teacher’s  services is only via e-Wallet, online banking, credit card and or debit card (“Card”) at the payment platform made available by the Company.  The Company is authorized by the Care Teachers to collect payment for the Care Teacher’s services on their behalf and you shall not make any payment for the Care Teacher’s services to the Care Teachers directly.

In any event if the Card belongs to another person, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Care Teacher’s services.  You agree that we may at any time to verify and authorize your Card details when you first register the Card with us as well as when necessary prior to your intention to use the Service.

All payments must be made upon confirmation of booking and before the Care Teachers perform the Care Teacher’s service.  Your payment will be deducted automatically from your eWallet dedicated for this Application only.  All payments are subject to the Company refund policy.

The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

In the event your payment having any 3rd party charges by your Card or it is processed overseas, you will be liable for any additional charges in relation thereto.  You also shall be responsible to resolve any disputes with your Card Company on your own.

  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

  1. Marketing

In addition to the above, we may use your Personal Data to advise and inform you of new product(s), service(s) and/or marketing initiative that we think may be of interest to you.  This may include, but not limited to, service offerings, newsletters and general information about us and/or third-parties.  We would like to highlight to you that your act of unsubscribing will not end the transmission of service-related emails from us, such as administrative email alerts in relation to your account settings except where you have terminated your account with us.

When you communicate using this Application, with the Company or the Care Teacher through our Application system, we do collect information about your communication and any information you choose to provide.  This will be use either for training purposes or marketing purposes.

  1. Website, Application & Cookies

In order to ensure that we meet the needs of our website and application for users in addition to further develop our online services, we may collect aggregated information by using cookies or similar electronic tools.

Cookies are small amounts of information sent from a web server to your computer. These cookies are used to retain login and location information in order to make your experience more convenient and personal.  We do not use cookies to track your internet activity before or after you leave our website.  No other company has access to our cookies.

The website and mobile application may contain social media buttons or links, such as Facebook or Google or other similar functions.  This Disclaimer and Privacy Notice does not apply to social media use.  The use of social media is your own choice and responsibility.  We advise that you carefully read the privacy statements of the relevant social media, so that you are aware of what happens to your data.  Many social media providers are located outside Malaysia and, as such, may transfer your personal data to outside Malaysia.  This means that your personal data may not be protected to the same degree as it is within the local Malaysian Law.

  1. Abuse, vulnerabilities, and other reports or complaints

We do not tolerate abuse of our website.  If you notice that someone is abusing our website (spam or spoof emails), we request that you send an email to [email protected]  If you believe you have discovered a vulnerability in the website or app hosted by https://caretots.com/ or if you believe that the privacy notice and/or cookie policy is inaccurate or incomplete, we request that you immediately report it with a detailed explanation via [email protected].  We will promptly investigate the report and will take action within a month if necessary.

If you are dissatisfied with the processing of your personal data or the information you have received about it, please inform us via email.  You can reach us via [email protected].

The Company will take good faith and consider your complaint(s) as to enhance the Applications for betterment of everyone in the use.  Therefore, the Company set to reply within seven (7) days of notes received by us.  If the Company considers that there has been a breach, it will immediately take steps to rectify the breach, and put measures in place to ensure that it does not happen again.

  1. Changes to Our Privacy Notice

We may update or change this Disclaimer and Privacy Notice at any time, from time to time as and when we find it necessary to do so.  When we do so, we will publish the updated Privacy Notice on our website which shall supersede the previous version of the Privacy Notice.  The updated Privacy Notice will apply between us whether or not we have given you specific notice of any change.

Should you have questions about this Disclaimer & Privacy Notice, you can send a message via our contact form at [email protected].

  1. Limitation of Liability

The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Application, the Software, the Care Teacher, and/or any Care Teacher’s service provided by the Care Teacher.

The Company does not represent or warrant that:

  • the use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
  • the Care Teachers will meet your requirements or expectations,
  • any stored data will be accurate or reliable,
  • the quality of any products, services (including the Care Teacher’s  services) and information provided by the Care Teacher or other materials purchased or obtained by you through the Application will meet your requirements or expectations,
  • errors or defects in the Application and/or the Software will be corrected,
  • the application or the server(s) that make the Application available are free of viruses or other harmful components,
  • the Application and/or the Software tracks you or the Care Teacher. The Service is provided to you strictly on an “as is” basis.
  • If you have any complaints in relation to the Care Teacher’s service provided, then that dispute must be taken up with the Care Teacher directly within the same day or same booking transactions. The Company does not liable to resolve any Care Teacher’s services other than its related directly to the Applications that provides by the Company.

Herewith, you acknowledge and agree that the entire risk arising out of your use of the Service, and any independent services, including but not limited to the Care Teacher’s service provided by the Care Teacher, or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the Company.

The Company shall not be liable for any injury to any person or loss of life or property or delay of the service for any reason which may include but not limited to an act of god including but not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable traffic conditions, seizure under legal process, national or local disruptions to air, ground or water transportation networks or breakdown in communication or information systems.

  1. Internet Delays

The Service, the Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Care Teacher being faulty, not connected, out of range, switched off or not functioning.  The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

  1. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the exclusive jurisdiction of the courts of Malaysia.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.  For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring the Care Teacher’s services from the Care Teacher under this Agreement.

-End of Disclaimer-

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