Terms and Conditions

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR WEBSITE.

These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.

We are: International New Media Limited (hereinafter referred as "Company" / "we" / "us" / "our"), a company incorporated in England and Wales under registration number 6020111 with its registered office at Loughton Grange, Milton Keynes, MK5 8EB.

You are: visitor to our Website / a Member.

Background

We run www.childcare.co.uk which offers an online meeting platform for both Parents and Childcare Providers throughout the territory of the United Kingdom. Childcare Providers can advertise their services and Parents can search through our directory to find a local childcare provider.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions.

Following are the terms of use of this Website

1. Definitions

"Childcare Provider" means the person or an organisation who uses the Website for offering its services as a babysitter, nanny, childminder, nursery, au pair, midwife or maternity nurse, as the case may be;

"Member" means either a Childcare Provider or a Parent;

"Parent" means the person who uses Website and Services for the purpose of finding a Childcare Provider;

"Registration" means the process that each of the Parents or Childcare Providers needs to complete in order to avail the Services;

"Services" means the Services which Company has agreed to provide to the Members as per the terms of this document;

"Website" means www.childcare.co.uk, owned by International New Media Limited.

2. Your Acceptance

2.1. You now understand and acknowledge that by completing the registration process you are entering into an agreement with us and that you accept these terms and conditions. If you do not agree to any of these terms, please do not use the Website.

2.2. These terms apply (so far as it may be relevant) not only to Members but to all visitors to the Website. If you visit the Website, you are deemed to have accepted these terms and conditions.

2.3. These terms do not govern the contractual relationship between us and any business partner, advertiser or affiliate, other than in his/ her capacity as a Website visitor or Member.

3. Change to the terms and conditions

We reserve the right to:

3.1. change these terms or any part of them;

3.2. change the appearance and design of the Website, including removing or discontinuing any content or feature of the Website; or

3.3. impose or change fees, charges or other conditions for use of the Services or parts thereof.

4. Your account with us

4.1. When you register yourself as a Childcare Provider or Parent on the Website, you are allowed to avail the Services and display and promote your profile as may be permitted by us. All profiles are reviewed by our editorial team before they are published on our Website. We reserve the right to edit profiles to ensure that they meet our editorial guidelines. User profiles are in the public domain and the content of profiles may appear in internet search engines.

4.2. All Members must provide the following information at the time of registering over the Website:

Chosen screen name;
Chosen password;
Email address;
Type of member: Childcare Provider or Parent;
Member type: Individual or company;
Company name (if company);
First name;
Surname;
DOB;
Address;
Town/city;
Postcode;
Phone number;
Mobile number;
Gender: male or female;

When a member creates a profile the following additional information is requested:

Marital Status;
Parent: (yes/no);
If Parent: No. of own children;
Smoker: (yes/no);
About you/us: (user custom written text);
My experience: (user custom written text, childcare providers only);
My qualifications: (user custom written text, childcare providers only);
My availability: (user custom written text, childcare providers only);
My charges: (user custom written text, childcare providers only);
Photo

If a member completes the optional Profile Plus information then the following information, or part of it, is requested and is visible on your profile to gold members:

Home telephone number;
Mobile telephone number;
Email address;
Website address

The aforementioned list is not conclusive and we reserve the right to ask for additional information on or after Registration.

4.3. As a Member, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your user name and password.

4.4. You agree to accept responsibility for all activities that occur through your account or password. You should tell us immediately if you believe some person has accessed your account without your authority or log in to your account and change your password.

4.5. You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.

4.6. We reserve the right to suspend or terminate your access to the Website due to a breach of any or all of these terms on your part.

5. Acceptable use policy

You agree to comply with the following acceptable use policy that governs your use of the Website:

5.1. You will not use or allow anyone else to use the Website to post or otherwise publish the following contents:

5.1.1. copyright works;

5.1.2. commercial audio, video or music files;

5.1.3. any material which violates the law of any established jurisdiction;

5.1.4. any graphic violence or other acts resulting in serious injury or death;

5.1.5. unlicensed software or software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;

5.1.6. links to any of the material specified in this paragraph;

5.1.7. pornographic material;

5.1.8. any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

5.1.9. adverts or material of a commerical nature for third party services, whether competitive to childcare.co.uk or not.

5.2. You grant us the right to edit, copy, publish, distribute, translate and otherwise use your contents in any medium and for any purpose.

5.3. You agree to subscribe to our newsletter and other informative mails that we may send to you from time to time at no charge. You also agree to receive occasional marketing SMS text messages. You may unsubscribe to any such newsletter or periodical informative mails by opting to discontinue such subscription.

5.4. You shall be solely responsible for your contents and all risks and responsibilities of posting or publishing them. Profiles and advertisements displayed on the Website are provided by the Members and third parties and may not be reviewed by us. We accept no responsibility or liability for the contents of profiles or advertisements and expect Childcare Providers and Parents to carry out their own verification procedures. Although Company reserves the right to review the content to from time to time and may edit or delete it.

5.5. Profiles of Childcare Providers and Parents as displayed on the Website must not contain any contact information in them, including but not limited to email addresses, telephone numbers or addresses, website links, html code, offensive material etc. We reserve the right to syndicate Member profile information to other websites, affiliates and partners and profile information may appear on other websites in addition to the Website.

5.6. We offer the facility of a web based private messaging system on the Website which is available to Gold members only. Unless expressly authorised by us, the Members may not use any other mode of initial communication other than the private messaging system. Messages sent using the private messaging system are not moderated and we are not responsible for the content of such messages. Private messages can contain contact information such as email addresses and telephone numbers of the concerned Members. Private messages must not be used to send spam or other unsolicited messages. Messages must solely be used as a communication medium between the childcare provider and the parent and not as a means to promote or advertise services of a commercial nature. Messages must not contain material of a derogatory or defamatory nature. Messages sent and received may be read by childcare.co.uk staff.

5.7. Parents can review Childcare Providers by scoring them as positive, neutral or negative and can write some custom written text alongside their review. We reserve the right to edit reviews before they go live on the Website. Unacceptable reviews will be refused and deleted. We are not responsible for the content of reviews. A Childcare Provider, who has been reviewed, can provide a single response to each review which is also subject to editing and deletion by us.

5.8. We do not endorse any content or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with the contents. We do not permit copyright infringing activities and infringement of any other intellectual property rights on the Website, and we will remove all contents if properly notified that any such content infringes on other's intellectual property rights or contains a false information.

5.9. You will not use the Services in a manner, which violates any national or international law or regulation, or which fails to comply with accepted internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.

5.10. You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) use of our services. You will not resell, rent, lease, grant a security interest in, or make commercial use of our services without our express written consent.

5.11. Company will try to ensure that Website is continuously available and all the services offered are available on it. But we accept no responsibility for the consequences of interruptions or delays, however caused.

5.12. We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.

6. Members’ Obligation

6.1. For Parents:

6.1.1. You will not disclose any information that was provided to you by us and you will use your best efforts to guard Childcare Provider privacy. We supply the information for your personal use and it must not be directly or indirectly used for any commercial purpose including but not limited to resale or further distribution to a wider audience;

6.1.2. You will be solely responsible for the engagement of Childcare Provider and verification and handling of their identity and other information delivered to you or displayed over the Website relating to that Childcare Provider. We have no control over the accuracy of any posting on the Website or transmission through it by Childcare Provider. In addition we will make no effort to verify the identity of any of the Childcare Provider or their qualifications or experience;

6.1.3. You shall indemnify and keep indemnified us against all cost claims or liabilities incurred by us and arising out of any engagement of the Childcare Provider and/or as a result of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to the engagement of the Childcare Provider by you;

6.1.4. You agree that you will not during your membership and within one year of its termination, by any means and neither for itself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity the effect of which is to promote similar or competitive websites to that of www.childcare.co.uk

6.1.5. You understand when you register with the Website, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your all or any personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.

6.2. For Childcare Providers:

6.2.1. You agree that our role is only to introduce you to the Parent. We do not guarantee any recruitment or other kind of engagement by the Parent which will depend upon the absolute discretion of the Parent as per the procedure set out by the Parent. If selected, you will be under the supervision, direction and control of the Parent without any liability upon us.

6.2.2. You understand that you are not our agent, employee, partner or in any other relationship and you do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us;

6.2.3. You will not mislead the Parents to believe that you can provide a service which is outside your field of expertise;

6.2.4. You have supplied and will continue to supply true and correct information about yourself for the purpose of this agreement. You further undertake that you have all qualifications and registrations, whether medical or occupational and education, training, skills, CRB checks and employment experience for the purpose required by the Parent as communicated to us in profile. All the certificates and information as may be required in support of your undertaking will be self verified by you to be true and correct;

6.2.5. You will indemnify us for any breach of these terms on your part;

6.2.6. You understand when you register for the Website, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your all or any personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.

6.2.7. In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that we may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application and profile.

6.2.8. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties;

6.2.9. You will have the sole responsibility to verify the Parents identity, credentials and other relevant information delivered to you by any Parents;

6.2.10. You undertake to provide the services as per the governing law in the United Kingdom in addition to the provisions of Care Standards Act 2000. You also undertake to hold any registration and a valid licence from appropriate authority or authorities as may be application for your services. Childminders in the UK must be registered with Ofsted and childminders in Wales must be registered with CSSIW (Care and Social Services Inspectorate Wales). Childminders in Scotland must be registered with the Care Commission.

7. Account Termination policy

7.1. You understand and agree that we retain the right, at our sole discretion, to terminate any and all part of the services without any refund under appropriate circumstances on immediate notice to you. We may terminate your access to and use of the Website if, you are determined to have breached these terms and conditions or our instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:

7.1.1. breaches or violations of these terms in addition to other instructions or guidelines that we may issue;

7.1.2. requests by law enforcement or other government or regulatory authorities;

7.1.3. your violation of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or

7.1.4. sending spam messages via our messaging system or messages containing advertisements for third party services;

7.1.5 notifying your ISP that emails we have sent you are junk or spam.

7.1.6 providing us with an email address for you that is not valid or does not receive email from us

7.2. If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:

7.2.1. facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and

7.2.2. bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.

7.3. Notwithstanding termination of this relationship for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.

8. System Security

8.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Website;

8.2. You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so;

8.3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

8.4. Examples of violations are:

8.4.1. accessing data unlawfully or without consent;

8.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

8.4.3. bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

8.4.4. sending of junk mail;

8.4.5. taking any action in order to obtain services to which you are not entitled.

9. Policy relating to intellectual property and link exchange

9.1. Title, ownership rights, and intellectual property rights in all contents and material that is part of, contained in, or accessed through the Website and provided either by us or by any other Member of third party shall remain the sole property of us or any other content provider, as the case may be. You acknowledge and agree that certain celebrity, products, services or business names contained within the Website may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries.

9.2. We respect the intellectual property of others, and we expect you to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of users who infringe the intellectual property rights of others.

9.3. The Website can contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.

10. Indemnity

You agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:

10.1. your failure to comply with the law of any country;

10.2. the posting by you of any content on the Website;

10.3. your violation of any third party right, including without limitation any copyright, property, or privacy right;

10.4. the posting by any third party with or without your knowledge of any material on your website;

10.5. any use of the Website for a purpose forbidden by these terms;

10.6. your violation of any of these terms;

10.7. any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11. Limitation of Liability

11.1. In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

11.1.1. errors, mistakes, or inaccuracies of content,

11.1.2. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

11.1.3. any interruption or cessation of transmission to or from our Website,

11.1.4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or

11.1.5. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

11.2. You specifically acknowledge that we shall not be liable for the content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you.

11.3. You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us.

12. Disclaimers

12.1. We give no warranty, express or implied, as to the truth of any information given on the Website.

12.2. Much of the content provided on the Website is submitted (and thereby published) by the Members and third parties. We are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such content.

12.3. We take no responsibility for the wrongful use of any information published on our Website by any person.

12.4. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the Content available from this Website.

13. Price and Payment

13.1. childcare.co.uk offer a premium membership service known as Gold Membership. This service is chargable and gives users access to additional premium features such as the secure, private messaging system and the ability to view Profile plus information. For security reasons by default users can send 15 messages per day and make 25 Profile Plus views. 

13.2. The current Gold membership fees are published on our website but may vary from time to time and change without notice.

13.3. All payments made via our website are handled by PayPal, our payment provider. childcare.co.uk do not see or store your payment card details.

13.4. When you make a payment you enter into a subscription agreement with us via PayPal and your Gold membership will automatically be renewed on expiry at the same rate as your initial payment. You can cancel your subscription at anytime by logging into your PayPal account.

13.5. All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

14. Miscellaneous

In these terms, unless the context clearly indicates another intention:

14.1. any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted,

14.2. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions,

14.3. Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately),

14.4. No failure or delay by either party in exercising any of their rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision,

14.5. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.6. Any dispute arising under or in connection with these terms shall be referred to arbitration by a single arbitrator appointed by us.

14.7. These terms shall be subject to the law applicable in the United Kingdom. The parties hereby waive any other jurisdiction to which they may be entitled by reason of their present or future domicile or for any other reason.

 

"I have read and understood Company’s terms and conditions, and I agree to abide by them. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person have agreed that I may join."

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