Terms and Conditions
This page (together with any pages of our site referred to in it) sets out the legal terms and conditions (Conditions) under which we, International New Media Limited (Company, we), provide an online advertising and networking platform (ie. digital content) for parents and childcare providers (Services). By applying to participate in the Services you indicate that you accept these Conditions and that you agree to abide by them.
Please understand that if you refuse to accept these Conditions, you will not be able participate in any Services via our site.
1. Information about us
1.1 We operate the website www.childcare.co.uk (site). We are International New Media Limited, a company registered in England and Wales under company number 6020111 with our registered office at 1 High Street Mews, Wimbledon Village, London, SW19 7RG. Our VAT number is 977 4121 96.
1.2 Should you wish to contact us about these terms and conditions please do so via our website Contact Us page.
2. Applying for Membership and Membership Renewals
2.1 You need to register with us as a member (Member) in order to participate in the Services. A Member can be a Childcare Provider (a person or organisation offering childcare services such as babysitting, childminding, nursery, private tutoring, midwifery or maternity nursing) or a Parent (a parent or guardian seeking childcare assistance from a Childcare Provider). Childcare Providers can advertise their services via our platform and Parents can search our platform to find a local Childcare Provider.
2.2 Our site and our Services are only intended for use by people resident in the United Kingdom and are not available to persons outside the United Kingdom. By applying to be a Member, you warrant that you are based in the United Kingdom and you are at least 18 years old. You agree that you will not create multiple accounts with us. We do not accept applications from childcare agencies.
2.3 Where you are a Childcare Provider you warrant that all services provided by you to a Parent will comply with all relevant legislation and regulations affecting childcare services and that you hold all appropriate licences and registrations.
2.4 Certain Services (e.g. full Member to Member messaging services) are available to Members who have subscribed to our premium gold membership service. Payment for our premium gold membership service (Gold Membership Fee) can be made by all major debit and credit cards or Direct Debit as detailed on the Upgrade page of our website (available to logged in members).
2.6 After completing and submitting an online application form, you will receive an e-mail from us acknowledging that we have received your application to become a Member. Please note that this does not mean that your application has been accepted. Your application form constitutes an offer to become a Member subject to these Conditions. All applications are subject to acceptance by us at our sole discretion.
2.7 If you choose to become a gold member, your membership will either be for a minimum duration of a seven-day period, a one-month period or a twelve-month period (as you select during the gold membership application process). Your gold membership will automatically renew for successive periods of the same duration (that is, for a further month or twelve months, as applicable) unless and until either party gives to the other not less than 7 days notice prior to the next renewal date that it does not wish to continue the gold membership and/or the contract between us is otherwise terminated in accordance with these Conditions. We reserve the right to suspend/terminate your membership earlier in accordance with the provisions of clause 13 below.
2.8 Until we or you have given the not less than 7 days prior notice to terminate your gold membership at or before the next renewal date, and/or the contract between us is otherwise terminated in accordance with these Conditions, you shall remain liable for the Membership Fee due on any automatic renewals at the then current rate. Gold membership must be cancelled by you via our online cancellation page at www.childcare.co.uk/cancel
2.9 Certain additional benefits may be offered to gold members from time to time. Any benefits provided by third party companies are outside of our control and may be subject to additional terms and conditions. Gold membership benefits are provided on an as-is basis and may be added or withdrawn at anytime without notice.
3. Our status
3.1 We act as an online advertising and networking platform for Parents and Childcare Providers. When you enter into a contract for the supply of services and/or any goods with a Parent or a Childcare Provider advertised on our site, the contract will be between the Parent and the Childcare Provider.
3.2 We at the Company are not a party to the contractual relationship between the Childcare Provider and the Parent (whether an oral, written or other contract). It is up to you to ensure that you are satisfied of the suitability of any engagement, to confirm the identity and the status of those involved and to check any credentials and we shall have no input or liability in that respect.
3.3 You acknowledge and agree that in making the site and any adverts or profiles placed by you available via the site we are not acting as an agent of any visitors to our website or as an agent of any Parents and/or Childcare Providers.
3.4 We do not assume any responsibility for services provided by or between Parents and Childcare Providers or any other third party suppliers or any statements made by them and we make no representations or warranties, whether express or implied, about the suitability or quality of any services or goods which appear on our site or any statements made about them (including, but not limited to, any profiles or Parents’ reviews of Childcare Providers). In addition, we take no steps to verify the identity of any Parent or Childcare Provider, any statement made about them or any relevant qualifications or experience.
3.5 We do not endorse any comments, opinions or reviews made by anyone on our site and we do not review their accuracy or content, but we reserve the right to remove any comments, opinions, reviews or other materials from our site which we believe do not comply with our acceptable use policy set out in clauses 10 to 12 inclusive.
(a) where you are a Parent, you will be solely responsible for the engagement of a Childcare Provider on terms acceptable to you, for verification of its identity, qualifications, credentials and experience and for all necessary direction, supervision and control;
(b) where you are a Childcare Provider, you acknowledge that we do not guarantee any recruitment or engagement of you by a Parent and you must satisfy yourself of the suitability of any engagement and any arrangements between you.
3.7 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
3.8 Nothing in these Conditions shall be deemed to constitute a partnership or ay employment relationship between you and us, nor will anything be deemed to constitute one party the agent of the other for any purpose.
(a) that we are held to be acting as your agent in performing our obligations or any Services under these Conditions;
(b) of any breach by you of these Conditions;
(c) of any dispute between any Parent and Childcare Provider.
4. Consumer rights
4.1 If you are a Parent and you are a "consumer" (as that term is defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations"), you normally have a legal right (pursuant to regulations 29 and 30 of the Regulations) to cancel a contract (without giving any reason) for the purchase of goods and/or services by no later than the end of 14 calendar days from the day of the conclusion of the contract. However, by clicking the "Subscribe" or "Pay Now" button in the gold membership sign-up process, you give us your express consent that we may begin the supply of the Services (which, for the avoidance of any doubt, are to be treated as "digital content" as defined in the Regulations) before the end of that 14 calendar day cancellation period (i.e. from when we have sent the Membership Confirmation email to you) and you acknowledge that you have lost your legal right to cancel the contract between you and International New Media Limited pursuant to regulations 29 and 30 of the Regulations.
5. Accessing our site
5.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
5.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions. If you know or suspect that anyone other than you knows your login details, password or other security information, you must promptly notify us at www.childcare.co.uk/contact
7. Intellectual property rights
7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8. Reliance on information posted
8.1 Commentary and other materials posted on our site are for guidance purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You must make all appropriate investigations before entering into an engagement with a Parent or Childcare Provider.
8.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to verify or update such material.
9. Our liability
9.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9.3 Subject to clauses 9.1, 9.2 and 9.4, the Company’s aggregate liability in respect of claims based on events arising out of or in connection with the Services, these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total charges paid by you for Membership Fees in the calendar year in which the claim arises.
9.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. Uploading material to our site
10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the acceptable use policy set out in clauses 10 to 12 inclusive. You warrant that any such contributions (Contributions) do comply with that policy, and you indemnify us for any breach of that warranty.
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from us, if this is not the case; or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
(o) contain any direct contact details including email addresses, phone numbers, web addresses, facebook pages or similar unless it is expressly stated that they are allowed.
10.6 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our acceptable use policy set out in clauses 10 to 12 inclusive or as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.
10.8 We have no obligation to you, and undertake no responsibility, to review your Contributions (including user-generated content) to determine whether they may result in any liability to any third party.
10.9 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that any material posted, or linked to, our site by you constitutes a breach of our acceptable use policy set out in clauses 10 to 12 inclusive.
11. Prohibited uses of our site
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy as set out in clauses 10 to 12 inclusive;
(e) to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
12. Interactive services
12.1 We may from time to time provide interactive services on our site, including, without limitation, chat rooms and bulletin boards (Interactive Services). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
12.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
13. Suspension and termination
13.1 We will determine, in our discretion, whether there has been a breach of these Conditions through your use of our site. When a breach of these Conditions has occurred, we may take such action as we deem appropriate.
(a) immediate, temporary or permanent withdrawal of your membership and the right to use our site;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.3 We exclude liability for actions taken in response to breaches of these Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
13.4 The contract between us for the supply of the Services will continue until you cancel your gold membership subscription in accordance with clause 2.7 or (if you are not subscribed to a gold membership) you close your account or until one of us terminates the contract pursuant to clause 13.2, 13.6 or 13.7. You are responsible for cancelling your gold membership subscription/closing your account when you no longer require our services. Subject to clauses 2.7 and clause 2.8, you may terminate the contract between us for the supply of Services at any time by cancelling your gold membership subscription/closing your account. You can do this on our site at www.childcare.co.uk/cancel . Please note, hiding your profile from public view will not cancel your gold subscription or close your account.
(a) we break these Conditions in any material way and we do not correct or fix the situation within 7 days of you asking us to in writing by contacting us at www.childcare.co.uk/contact
(b) we go into liquidation or a receiver or an administrator is appointed over our assets;
(c) we change these Conditions under clause 22 to your material disadvantage;
(d) a Force Majeure Event (see clause 18.1) arises and continues for no longer than one calendar month.
13.7 We may cancel the contract between us for the supply of the Services at any time without a refund to you and with immediate effect by giving you notice if you do not pay us when you are supposed to.
14. Linking to our site and links from our site
14.1 You may link to our home page, or any other public page on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
14.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
14.3 If you wish to make any use of material on our site other than that set out above, please address your request to us via our website contact page at www.childcare.co.uk/contact
14.4 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to International New Media Limited at our registered office address of 1 High Street Mews, Wimbledon Village, London, SW19 7RG . We may give notice to you at either the e-mail or postal address you provide to us when you join or place an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
19.1 If we fail at any time to insist upon strict performance of any of your obligations under these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
19.2 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.
21.2 We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22. Our right to vary these conditions
22.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
22.2 You will be subject to the latest Conditions in force at the time that you become a Member or which are in force at the time you login to our website or when your membership is automatically renewed in accordance with clause 2.7 above, unless any change to these Conditions is required to be made by law or governmental authority.
23. Law and jurisdiction
23.1 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24. Your concerns
If you have any concerns about material which appears on our site, please contact us via our website contact page at www.childcare.co.uk/contact