TOTOCARE CONNECT TERMS OF SERVICE

Last Updated: 21 September 2026

These Terms of Service ("Terms") govern your access to and use of TotoCare Connect ("TotoCare Connect", "we", "us", or "our"), including our website, digital platform, applications, communication channels and related services (collectively, the "Platform").

By creating an account, accessing the Platform, requesting childcare, applying to become a TotoCare Connect Child & Home Assistant, accepting a booking, or otherwise using the Platform, you agree to these Terms.

If you do not agree to these Terms, you should not use the Platform.

1. ABOUT TOTOCARE CONNECT

TotoCare Connect is a technology-enabled childcare coordination platform.

TotoCare Connect provides technology and operational infrastructure that enables families to request childcare services and enables independently operating TotoCare Connect Child & Home Assistants to offer and provide those services.

Our Platform may facilitate:

• Account creation
• Assistant onboarding
• Identity and verification processes
• Training and professional readiness
• Service requests
• Matching
• Booking coordination
• Payments
• Communication
• Dispatch
• Check-in and check-out
• Safety coordination
• Reviews and feedback
• Earnings and withdrawals for Assistants
• Administrative support

TotoCare Connect is not an employer of TotoCare Connect Child & Home Assistants.

Assistants who provide childcare through the Platform are independent contractors and are not employees, agents, partners or representatives of TotoCare Connect solely by virtue of using the Platform or accepting bookings through it.

TotoCare Connect does not guarantee any Assistant a minimum number of bookings, hours, income or earnings.

Similarly, an Assistant does not guarantee TotoCare Connect or any family a minimum number of hours of availability.

2. THE TOTOCARE CONNECT RELATIONSHIP MODEL

TotoCare Connect operates through three principal relationships.

2.1 Family and TotoCare Connect

When a family creates an account or uses the Platform, the family enters into a contractual relationship with TotoCare Connect concerning use of the Platform and related technology-enabled services.

2.2 Assistant and TotoCare Connect

An Assistant uses TotoCare Connect as an independent contractor.

The Assistant's relationship with TotoCare Connect is governed by these Terms and any applicable Assistant-specific terms, policies or agreements.

2.3 Family and Assistant

When an Assistant accepts a childcare booking through TotoCare Connect, the relevant family and Assistant enter into a service arrangement for the provision of the agreed childcare services.

TotoCare Connect facilitates this relationship through the Platform but is not the employer of the Assistant.

TotoCare Connect's involvement in verification, training, matching, safety standards, payment facilitation, booking coordination or quality processes does not by itself create an employment relationship between TotoCare Connect and an Assistant.

3. DEFINITIONS

For these Terms:

"Assistant"

Means a person approved by TotoCare Connect to provide childcare services through the Platform as an independent contractor.

"TotoCare Connect Child & Home Assistant"

Means an approved Assistant operating through the TotoCare Connect platform.

The term describes the role performed through the Platform and does not create an employment relationship with TotoCare Connect.

"Family"

Means a parent, guardian or other authorised person using TotoCare Connect to arrange childcare.

"Child"

Means the child or children for whom childcare is requested.

"Booking"

Means a confirmed childcare engagement requested through the Platform and accepted by an Assistant.

"Platform"

Means TotoCare Connect's website, software, applications, systems, communication channels and related technology.

"Service"

Means a childcare service offered through the Platform.

"Safety Desk"

Means TotoCare Connect's operational safety function responsible for handling safety concerns, incidents, restrictions and escalations.

"Account"

Means a registered TotoCare Connect user account.

4. ELIGIBILITY TO USE TOTOCARE CONNECT

You must provide accurate information when creating and using an account.

A user must:

• Provide truthful information
• Keep account information current
• Maintain control of their authentication credentials
• Not impersonate another person
• Not create an account for another person without authority
• Not allow another person to use their account
• Comply with applicable law
• Follow these Terms and applicable TotoCare Connect policies

TotoCare Connect may restrict, suspend or terminate accounts where necessary to protect users, children, Assistants, the Platform or the integrity of the service.

5. PARENT AND GUARDIAN RESPONSIBILITIES

A Family using TotoCare Connect is responsible for providing accurate and sufficient information about the child or children requiring care.

This may include:

• Age
• Relevant care requirements
• Allergies
• Dietary restrictions
• Sleep routines
• Emergency information
• Relevant medical information
• Medication instructions where appropriate
• Behavioural or communication considerations
• Special care instructions
• Authorised handover persons
• Relevant household safety information

Families should provide only information reasonably necessary for the requested childcare.

A Family must not knowingly withhold material information that could reasonably affect the safety or suitability of childcare.

6. AUTHORITY TO ARRANGE CHILDCARE

A person requesting childcare must have the appropriate authority to arrange care for the child or children concerned.

Where requested, TotoCare Connect may require reasonable evidence of parental, guardianship or other lawful authority.

TotoCare Connect may refuse or suspend a booking where there is a reasonable concern regarding the authority of the person requesting childcare.

7. TOTOCARE CONNECT SERVICE CATALOGUE

The Platform's bookable childcare services are currently limited to:

• Infant Care
• Toddler Care
• School-Age Care
• Multiple-Child Care
• Overnight Childcare

The exact scope, age ranges, minimum booking periods and applicable pricing may be specified on the Platform.

Activities that are incidental to appropriate childcare, such as preparing a child's simple meal, washing a child's feeding bottle or maintaining a child's immediate care area, do not automatically constitute separate bookable household services.

TotoCare Connect does not operate a general domestic-work marketplace through these Terms.

8. CHILDCARE, NOT GENERAL DOMESTIC SERVICES

Unless expressly offered as part of an applicable childcare service, a booking does not create an obligation for an Assistant to perform general household work.

This includes activities such as:

• General house cleaning
• Household laundry unrelated to childcare
• General dishwashing
• General household organisation
• Domestic errands
• Other unrelated household work

Parents must not require an Assistant to perform services outside the agreed childcare booking.

Assistants may perform reasonable child-related tasks that are incidental to the agreed childcare service.

9. TOTOCARE CONNECT AS A TECHNOLOGY INTERMEDIARY

TotoCare Connect provides technology and operational infrastructure to facilitate childcare arrangements.

Our role may include:

• Receiving requests
• Applying eligibility rules
• Identifying potentially suitable Assistants
• Facilitating assignments
• Facilitating communications
• Processing or facilitating payments
• Maintaining booking records
• Providing verification systems
• Operating safety procedures
• Facilitating complaints and incident reporting

TotoCare Connect does not represent that every Assistant will be available for every request.

TotoCare Connect does not guarantee that a Family will always receive a match.

10. ASSISTANTS ARE INDEPENDENT CONTRACTORS

Assistants use the Platform as independent contractors.

Nothing in these Terms is intended to create:

• An employment relationship
• A contract of employment
• A partnership
• A joint venture
• An agency relationship
• A franchise relationship

between TotoCare Connect and an Assistant.

An Assistant is responsible for conducting their independent service activity in accordance with applicable law.

Subject to their obligations under these Terms, an Assistant may provide services to other individuals, platforms or businesses.

TotoCare Connect does not guarantee an Assistant any minimum:

• Number of bookings
• Hours
• Revenue
• Income
• Assignments

An Assistant is responsible for determining whether to accept an offered booking.

11. INDEPENDENT CONTRACTOR RESPONSIBILITIES

As an independent contractor, an Assistant is responsible for:

• Maintaining any legally required registrations or licences
• Maintaining appropriate qualifications
• Maintaining required certificates
• Complying with applicable tax obligations
• Maintaining appropriate insurance where required or appropriate
• Providing accurate information to TotoCare Connect
• Maintaining their own equipment and personal resources unless otherwise agreed
• Managing their independent business affairs
• Determining whether to accept individual booking opportunities
• Complying with applicable laws
• Providing services professionally and safely

TotoCare Connect does not deduct employment-related statutory benefits from an Assistant's earnings unless a particular deduction is legally required or separately agreed.

Nothing in these Terms prevents an Assistant from independently providing services to other clients.

12. TOTOCARE CONNECT QUALITY AND SAFETY REQUIREMENTS

Independent contractor status does not exempt an Assistant from complying with TotoCare Connect's reasonable:

• Safety requirements
• Child protection requirements
• Verification requirements
• Professional conduct requirements
• Platform rules
• Privacy requirements
• Booking requirements
• Communication requirements
• Incident reporting requirements

These requirements exist to protect children, Families, Assistants and the integrity of the Platform.

They do not constitute general employment supervision or guarantee that TotoCare Connect controls the manner in which an Assistant performs every aspect of a childcare service.

13. ASSISTANT VERIFICATION

Before an Assistant becomes eligible to receive bookings, TotoCare Connect may require completion of applicable verification processes.

These may include:

• Identity verification
• Selfie/liveness verification
• Background or police clearance
• Reference checks
• Experience verification
• Qualification verification
• Academy training
• Knowledge assessments
• Competency assessments
• Interview
• Administrative review

TotoCare Connect may periodically require updated verification.

Verification does not constitute a guarantee that an Assistant will never engage in misconduct or that every piece of information supplied by an Assistant is independently verified.

14. TOTOCARE CONNECT ACADEMY

TotoCare Connect may require Assistants to complete Academy learning and assessments.

Academy completion demonstrates completion of specified TotoCare Connect learning requirements.

Unless expressly stated otherwise, completion of TotoCare Connect Academy:

• Is not a government professional licence
• Is not a medical qualification
• Is not a nursing qualification
• Is not an external professional certification
• Does not replace legally required qualifications
• Does not guarantee professional competence in every situation

Where practical competency or an external qualification is required, the Assistant remains responsible for obtaining and maintaining it.

15. PROFESSIONAL TIERS

TotoCare Connect may operate professional tiers for Assistants, including:

• TotoCare Connect Associate
• TotoCare Connect Senior
• TotoCare Connect Professional
• TotoCare Connect Elite

Professional tiers are operational classifications based on criteria specified by TotoCare Connect.

A professional tier is not:

• An employment grade
• A government licence
• A safety guarantee
• A professional regulatory licence
• A guarantee of service quality

TotoCare Connect may update tier criteria as the Platform develops.

16. BOOKINGS

A Family may submit a childcare request through the Platform.

Submitting a request does not necessarily mean that a Booking has been confirmed.

A Booking becomes confirmed only when the Platform indicates that the relevant booking conditions have been satisfied.

These may include:

• Suitable Assistant identified
• Assistant acceptance
• Required payment
• Required verification
• Other applicable booking requirements

The Platform will communicate the applicable booking status.

17. MATCHING

TotoCare Connect may use automated rules and suitability scoring to identify Assistants who may be suitable for a Booking.

Matching may consider factors such as:

• Service eligibility
• Child age experience
• Availability
• Relevant experience
• Reliability
• Location suitability
• Professional tier
• Previous family continuity
• Performance information

Matching is a suitability mechanism, not a guarantee.

A matching score is not a safety score or an assessment of an Assistant's general character.

TotoCare Connect may use human administrative review when assigning an Assistant.

18. MANUAL MATCHING

TotoCare Connect may manually review and assign Assistants where appropriate.

An administrator may select an eligible Assistant even where that Assistant is not the highest-ranked candidate in the system's suitability ranking.

However, administrators may not ordinarily bypass mandatory safety, verification or eligibility restrictions.

Where an exception mechanism exists, it may be restricted to authorised personnel and may be recorded for audit purposes.

19. ASSISTANT ACCEPTANCE

An Assistant may accept or decline a booking opportunity.

An Assistant should not accept a Booking that they:

• Cannot safely perform
• Are not qualified or eligible to perform
• Cannot attend
• Have a conflicting commitment for
• Cannot reasonably complete
• Know involves circumstances outside their permitted service scope

Once an Assistant accepts a Booking, the Assistant is expected to honour the accepted commitment unless circumstances require cancellation or replacement.

20. BOOKING CANCELLATIONS

Bookings may be cancelled by:

• The Family
• The Assistant
• TotoCare Connect

Cancellation terms, applicable fees, refunds and consequences may depend on:

• How close the cancellation is to the Booking
• The reason for cancellation
• Whether the Assistant has commenced travel
• Whether care has commenced
• Whether a replacement can be arranged
• Applicable safety circumstances
• Other circumstances specified by the Platform

The applicable cancellation rules displayed at the time of booking form part of the Booking terms.

21. ASSISTANT NO-SHOWS AND REPLACEMENT

If an Assistant cannot fulfil a Booking, TotoCare Connect may attempt to identify a replacement Assistant where reasonably possible.

A replacement is not guaranteed.

A replacement Assistant must satisfy applicable verification and eligibility requirements.

TotoCare Connect will not knowingly assign an Assistant who is prohibited from receiving the relevant Booking.

22. CHECK-IN AND CHECK-OUT

TotoCare Connect may use check-in and check-out processes to establish when a Booking begins and ends.

Assistants should accurately record:

• Arrival
• Start of care
• End of care
• Departure

False check-in or check-out information may constitute a breach of these Terms.

23. LOCATION AND DISPATCH

TotoCare Connect may use location information to support:

• Matching
• Booking location
• Dispatch
• Arrival
• Safety

Where live dispatch location sharing is enabled, the relevant user will receive appropriate notice.

Location sharing is intended to support an active Booking or dispatch and is not intended to provide continuous general surveillance.

Users must not use location information obtained through TotoCare Connect to harass, threaten, stalk or otherwise improperly monitor another person.

24. CHILD HANDOVER

Families must provide clear instructions regarding authorised handover.

Assistants must not knowingly release a child to an unauthorised person.

Where there is uncertainty about handover, the Assistant should follow the applicable TotoCare Connect safety procedure and contact the Family or TotoCare Connect Safety Desk as appropriate.

25. EMERGENCIES

TotoCare Connect's Platform does not replace emergency services.

Where a child or another person faces immediate danger, users should contact the appropriate emergency service first.

TotoCare Connect should then be notified where appropriate.

TotoCare Connect may maintain emergency procedures and escalation protocols.

Nothing in these Terms prevents a person from taking reasonable action necessary to protect a child or person facing immediate danger.

26. SAFETY REPORTING

Users should promptly report:

• Suspected abuse
• Suspected neglect
• Serious injury
• A missing child
• Dangerous conduct
• Unauthorised child handover
• Serious boundary violations
• Significant safety concerns
• Other circumstances presenting immediate or material risk

TotoCare Connect may investigate reports and take appropriate operational action.

A report or complaint is not automatically proof that an allegation is true.

27. SAFETY RESTRICTIONS

TotoCare Connect may temporarily or permanently restrict an Assistant's access to bookings where necessary to protect children, users or the Platform.

Actions may include:

• Temporary booking restriction
• Suspension
• Re-verification
• Additional training
• Investigation
• Service restriction
• Deactivation

Safety decisions may be based on available information and may be subject to further review.

TotoCare Connect may act preventively where necessary to reduce immediate risk.

28. PROHIBITED ASSISTANT CONDUCT

An Assistant must not:

• Abuse or mistreat a child
• Leave a child unattended where supervision is required
• Engage in inappropriate physical contact
• Engage in sexual conduct or communications involving a child
• Consume alcohol or impairing substances while providing care
• Use illegal drugs while providing care
• Bring unauthorised persons to a Booking
• Photograph or record children without appropriate authorisation
• Disclose family information
• Misuse family property
• Misrepresent qualifications
• Falsify identity information
• Falsify check-in information
• Circumvent safety procedures
• Accept a Booking they cannot reasonably fulfil
• Use the Platform to solicit unlawful or prohibited activity

TotoCare Connect may immediately restrict access where serious safeguarding concerns arise.

29. PROHIBITED FAMILY CONDUCT

Families must not:

• Require an Assistant to perform prohibited or unsafe work
• Require services outside the agreed childcare scope
• Harass or abuse an Assistant
• Discriminate unlawfully against an Assistant
• Provide knowingly false information
• Conceal material safety information
• Ask an Assistant to engage in unlawful activity
• Request inappropriate physical punishment
• Request an Assistant to administer medication outside agreed and permitted boundaries
• Photograph or record an Assistant inappropriately
• Use the Platform to facilitate unrelated services
• Circumvent TotoCare Connect safety or payment systems for improper purposes

30. OFF-PLATFORM ARRANGEMENTS

Users should not use information obtained through TotoCare Connect to circumvent the Platform for the purpose of avoiding legitimate TotoCare Connect fees, safety procedures or contractual obligations.

This does not prevent an Assistant from independently operating their business or accepting clients outside TotoCare Connect, subject to their existing contractual obligations and applicable law.

If a Family and Assistant choose to enter into a separate arrangement outside TotoCare Connect, TotoCare Connect may not be able to provide the Platform's:

• Verification
• Matching
• Payment protection
• Safety processes
• Booking records
• Dispatch functionality
• Support
• Incident management

Users who move a childcare arrangement outside TotoCare Connect do so outside the scope of TotoCare Connect's Platform protections, except where a continuing contractual or legal obligation applies.

31. PRICING

The price applicable to a Booking will be displayed before confirmation.

Pricing may depend on:

• Service
• Duration
• Number of children
• Overnight requirements
• Assistant's applicable rate
• Applicable platform fees
• Taxes or legally required charges
• Other disclosed booking charges

The final price displayed at confirmation is the amount applicable to that Booking, subject to legitimate adjustments such as refunds, cancellations, corrections or other circumstances permitted by these Terms.

32. TOTOCARE CONNECT FEES

TotoCare Connect may charge fees for use of the Platform or related services.

Fees may include:

• Platform fees
• Service coordination fees
• Payment processing-related charges
• Other clearly disclosed charges

Applicable fees will be disclosed before the relevant transaction where required.

33. ASSISTANT EARNINGS

An Assistant's earnings are separate from the Family's payment.

TotoCare Connect may deduct applicable:

• Platform fees
• Payment processing charges
• Refunds
• Adjustments
• Reversals
• Other amounts lawfully payable or agreed

The Assistant's applicable earnings will be reflected in the Platform's earnings records.

34. 24-HOUR EARNINGS CLEARANCE

Following completion of a Booking, an Assistant's earnings may remain in a pending status for a minimum processing period.

TotoCare Connect may maintain a standard 24-hour clearance period after completion.

This period allows time for:

• Booking reconciliation
• Payment confirmation
• Initial complaint reporting
• Safety review where necessary
• Fraud checks
• Administrative corrections

An earning that is pending cannot ordinarily be withdrawn until it becomes available.

TotoCare Connect may place relevant earnings on hold where a legitimate safety, fraud, payment or dispute matter requires review.

35. WITHDRAWALS

Assistants may request withdrawal of available earnings using supported payout methods.

TotoCare Connect may require:

• Verified payout information
• Account verification
• Identity verification
• Additional security checks

Withdrawals may be subject to processing times, transaction limits, holds or manual review.

A failed payout does not automatically mean that the underlying earning has been forfeited.

36. TAXES

Each party is responsible for understanding and meeting their own tax obligations arising from their use of the Platform.

For Assistants operating as independent contractors, this includes responsibility for applicable income tax and other legally required tax obligations.

TotoCare Connect may make deductions, reporting or withholding where required by law.

TotoCare Connect does not provide personal tax advice.

37. REVIEWS AND FEEDBACK

Families and Assistants may be invited to provide reviews or feedback.

Feedback should be:

• Honest
• Relevant
• Respectful
• Based on actual experience

Users must not:

• Post knowingly false information
• Threaten another user with a review
• Exchange reviews for payment
• Use reviews to discriminate unlawfully
• Publish private information

TotoCare Connect may remove or restrict reviews that violate these Terms or applicable law.

38. USER CONTENT

Users may submit:

• Profile information
• Reviews
• Messages
• Images
• Documents
• Incident reports
• Other content

You remain responsible for content you submit.

By submitting content to TotoCare Connect, you grant TotoCare Connect a limited licence to use, store, reproduce and process that content to the extent reasonably necessary to:

• Provide the service
• Operate the Platform
• Investigate incidents
• Maintain records
• Provide support
• Comply with legal obligations
• Protect users

This licence does not give TotoCare Connect ownership of your underlying personal content.

Privacy rights remain governed by the Privacy Policy.

39. INTELLECTUAL PROPERTY

The Platform and its underlying technology, software, design, branding, text, graphics, databases and other materials are owned by or licensed to TotoCare Connect unless otherwise stated.

You may use the Platform only for its intended purpose.

You must not:

• Copy the Platform
• Reverse engineer it
• Scrape it
• Reproduce proprietary software
• Circumvent security controls
• Use TotoCare Connect branding without permission
• Extract user databases
• Create competing services using protected Platform content

40. PLATFORM AVAILABILITY

TotoCare Connect aims to maintain reliable Platform availability but does not guarantee uninterrupted service.

The Platform may occasionally be unavailable because of:

• Maintenance
• Updates
• Technical failures
• Telecommunications failures
• Third-party service failures
• Cybersecurity incidents
• Force majeure events
• Other circumstances outside reasonable control

Where practical, TotoCare Connect will attempt to restore service promptly.

41. THIRD-PARTY SERVICES

TotoCare Connect may integrate third-party services such as:

• Payment providers
• M-Pesa
• Identity verification providers
• Mapping services
• Messaging providers
• Hosting providers
• Analytics services
• Authentication services

Those services may have separate terms and privacy policies.

TotoCare Connect is not responsible for independent services operated by third parties except to the extent required by applicable law.

42. NO GUARANTEE OF ASSISTANT PERFORMANCE

TotoCare Connect undertakes verification and safety processes designed to reduce risk.

However, verification does not guarantee future conduct or performance.

TotoCare Connect does not guarantee that an Assistant will:

• Never cancel
• Never be late
• Never make a mistake
• Never breach a rule
• Never cause loss
• Always meet a Family's expectations

Families should use reasonable judgement and promptly report safety concerns.

43. NO GUARANTEE OF CONTINUOUS CHILDCARE AVAILABILITY

TotoCare Connect attempts to facilitate suitable childcare but cannot guarantee that a suitable Assistant will always be available.

Availability may depend on:

• Location
• Date
• Time
• Service
• Child age
• Number of children
• Assistant availability
• Verification
• Safety restrictions
• Demand

44. LIMITATION OF TOTOCARE CONNECT'S ROLE

To the maximum extent permitted by applicable law, TotoCare Connect is not responsible for acts or omissions of an Assistant merely because the Assistant was discovered, verified, matched or booked through the Platform.

However, nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Nothing in these Terms is intended to exclude liability arising from TotoCare Connect's own unlawful conduct, negligence, fraud, wilful misconduct or other liability that cannot legally be excluded.

45. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, TotoCare Connect will not be liable for indirect, incidental, special or consequential loss arising from:

• An Assistant's independent conduct
• A Family's conduct
• Information supplied inaccurately by a user
• Events outside TotoCare Connect's reasonable control
• Unavailability of the Platform
• Third-party service failures

This limitation does not apply to liability that cannot lawfully be excluded or limited.

Nothing in these Terms removes rights or remedies that users have under mandatory applicable law.

46. INDEMNITY

To the extent permitted by applicable law, a user may be responsible for losses, claims, liabilities, costs or expenses arising from:

• Their unlawful conduct
• Their breach of these Terms
• Their misuse of the Platform
• Their intentional misconduct
• Their violation of another person's rights

Any indemnity will apply only to the extent permitted by applicable law and will not require a user to indemnify TotoCare Connect for TotoCare Connect's own unlawful conduct.

47. DISPUTES BETWEEN FAMILIES AND ASSISTANTS

Where a dispute arises between a Family and an Assistant, TotoCare Connect may facilitate communication, review relevant Platform records and apply applicable safety or operational procedures.

TotoCare Connect may not be able to determine every private dispute conclusively.

Nothing prevents either party from pursuing rights or remedies available under applicable law.

Where a dispute raises a child-safety concern, TotoCare Connect may prioritise immediate safety measures while the underlying matter is reviewed.

48. TOTOCARE CONNECT COMPLAINTS

Complaints relating to:

• Platform operation
• Payments
• Matching
• Safety
• Assistant conduct
• Family conduct
• Privacy
• Account access

may be submitted through the channels provided by TotoCare Connect.

TotoCare Connect may request additional information to investigate.

49. ACCOUNT SUSPENSION

TotoCare Connect may temporarily suspend an account where reasonably necessary to:

• Protect a child
• Protect another user
• Investigate suspected misconduct
• Prevent fraud
• Protect the Platform
• Verify identity
• Investigate a safety concern
• Comply with law

Where appropriate, TotoCare Connect may notify the affected user of the reason for suspension.

Immediate action may be taken where delay could create a safety or security risk.

50. ACCOUNT TERMINATION

A user may stop using TotoCare Connect at any time, subject to outstanding contractual, payment, safety or legal obligations.

TotoCare Connect may terminate or deactivate an account where:

• The user materially breaches these Terms
• The user provides false identity information
• The user repeatedly violates safety requirements
• The user engages in fraud
• The user misuses the Platform
• Continued access presents a material risk
• Required verification cannot be completed
• Required by law

Termination does not automatically extinguish obligations that by their nature should continue.

51. EFFECT OF ASSISTANT DEACTIVATION

Deactivation of an Assistant account does not by itself mean that the Assistant is an employee being dismissed.

It means that the Assistant's access to the TotoCare Connect Platform and ability to receive bookings has been restricted or ended.

Any separate contractual or legal rights that may exist between the parties remain subject to applicable law.

52. CONFIDENTIALITY

Users must respect the confidentiality of information obtained through TotoCare Connect.

This is particularly important for:

• Children's information
• Family addresses
• Health information
• Emergency information
• Assistant identity information
• Verification information
• Safety reports
• Incident records
• Payment information

Unauthorised disclosure may constitute a breach of these Terms and may have legal consequences.

53. PRIVACY

Personal data is processed according to the TotoCare Connect Privacy Policy.

The Privacy Policy forms part of these Terms.

Where there is a conflict between these Terms and the Privacy Policy concerning personal data processing, the Privacy Policy will govern the relevant privacy matter to the extent required by applicable law.

54. CHILDREN'S DATA

TotoCare Connect processes children's information because childcare services cannot be provided safely without certain information about the children receiving care.

Parents and guardians should provide only necessary information.

TotoCare Connect applies additional safeguards to children's data as described in the Privacy Policy.

Users must not misuse, copy, disclose or retain children's information obtained through the Platform.

55. CHANGES TO THE PLATFORM

TotoCare Connect may modify, improve or discontinue Platform features.

Changes may include:

• New functionality
• Removal of obsolete functionality
• Security improvements
• Changes to matching
• Changes to verification
• New payment methods
• Changes to communication channels

Material changes to these Terms will be communicated where required.

56. CHANGES TO THESE TERMS

TotoCare Connect may update these Terms from time to time.

The updated Terms will be published through the Platform.

Where a material change affects your rights or obligations, TotoCare Connect will provide appropriate notice where required.

The date at the beginning of these Terms identifies the most recent version.

57. GOVERNING LAW

These Terms are governed by the laws of Kenya, unless applicable mandatory law provides otherwise.

58. DISPUTE RESOLUTION

TotoCare Connect encourages users to first attempt to resolve disputes through the Platform's complaint and support processes.

Where a dispute cannot be resolved through those processes, the parties may pursue any remedies available under Kenyan law.

Nothing in these Terms prevents a person from:

• Reporting a crime
• Reporting a child-safety concern
• Contacting an emergency service
• Reporting a matter to a regulator
• Exercising a statutory right
• Seeking appropriate judicial or other lawful relief

59. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it lawful where possible.

The remaining provisions will continue to apply.

60. NO WAIVER

A failure by TotoCare Connect to enforce a provision of these Terms does not mean that TotoCare Connect has permanently waived its right to enforce that provision.

61. ENTIRE AGREEMENT

These Terms, together with:

• The TotoCare Connect Privacy Policy
• Applicable Booking terms
• Applicable Assistant terms
• Safety policies
• Pricing information
• Other policies expressly incorporated into the Platform

form the agreement governing your use of TotoCare Connect to the extent applicable.

62. CONTACT TOTOCARE CONNECT

For questions about these Terms, contact:

TotoCare Connect

Legal entity: TotoCare Connect Ltd

Registered address: Paramount Plaza, 4th Floor - Kipande Road, Nairobi.

Legal/Support Email: hello@totocareconnect.online

Privacy/Data Protection: hello@totocareconnect.online

Telephone: +254 111 869 444

63. ACCEPTANCE

By creating an account, submitting a booking request, accepting a booking, providing childcare through TotoCare Connect or otherwise using the Platform, you confirm that you have read and agree to these Terms.

If you are accepting these Terms on behalf of another person, a child or an organisation, you confirm that you have authority to do so.

TotoCare Connect

Trusted childcare when your usual plan isn't enough.