Effective Date: 30th June 2023
1.1 We are Childcare Limited trading as ‘Childcare.co.uk’. Our company information is at the end of this document.
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
a) ‘Childcare Contract’ – a contract for the supply of Childcare Services between a Childcare Provider and a Parent.
b) ‘Childcare Provider’ – a User who uses our Service for the purpose of providing childcare services to Parents.
c) ‘Childcare Services’ – childcare services such as babysitting, childminding, nannying, nurseries, private tutoring, household help, midwifery or maternity nursing.
d) ‘Consumer’ - an individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.
e) ‘Content’ - all information of whatever kind (including profiles, reviews, posts, comments, documents, audio, video, advertisements, messages) uploaded to our Service (including messages sent via our Service).
f) ‘Mobile App’ – the Childcare.co.uk mobile application.
g) ‘Parent’ - a parent or guardian who uses our Service for the purpose of availing of Childcare Services.
h) ‘Service’ – our website (including our web app), our Mobile App and any related services.
i) ‘Store’ – the app distributor from which you download the Mobile App.
j) ‘Store Rules’ - any applicable rules, policies or terms of the relevant Store.
k) ‘User’ - persons or organisations using our Service (whether or not registered with us).
3. About these terms and conditions
THIS SECTION TELLS YOU A BIT MORE ABOUT THESE TERMS AND CONDITIONS AND HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
3.1 These terms and conditions apply to all Users. Please read them carefully and contact us if anything is unclear. They replace any previous versions. We've tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren't a substitute for the rest of the text.
3.2 Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in English only.
3.3 By registering on or using our Service you enter a contract with us on the basis of these terms and conditions. Alternatively, if you first download our Mobile App, you enter into a legal contract with us at that point. By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
3.4 For Mobile App users: These terms and conditions are an ‘end user licence agreement’ between you and us (not the Store) in relation to our Mobile App (i.e. setting out how we allow you to use our Mobile App) and, in addition, you agree to be legally bound by the Store Rules.
4. Changes to the terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
4.1 We may change these terms and conditions by giving you at least 15 days' notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and by giving notice by email, SMS and/or in-app message.
4.2 If you don't agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.
5. Right to cancel (‘cooling off’)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS
Right to cancel
5.1 If you are a Consumer, you have the right to cancel this contract within 14 days without giving any reason if the following apply:
5.2 The cancellation period will end after 14 days from the day when we enter a legal contract with you (as explained above – ‘About these terms and conditions’).
5.3 To exercise the right to cancel, you must tell us, Childcare Limited, Suite 207, 548-550 Elder House, Elder Gate, Milton Keynes, MK9 1LR, or via email to firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document, but you don't have to.
5.4 To meet the cancellation deadline, you must send us your communication telling us you want to cancel before the cancellation period ends.
Effects of cancellation
5.5 If you cancel this contract, we will refund all payments received from you.
5.6 We will make the refund without undue delay, and no later than 14 days after the day we receive your notice to cancel this contract.
5.7 We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
5.8 If you ask us to begin the performance of services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed to what has been performed until the point when you tell us you want to cancel the contract.
6. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
6.2 You must not use, or attempt to register on, our Service if:
a) you are resident or if a company, incorporated, outside the UK;
b) you are below 18 years of age; or
c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
6.3 Our Service is designed for, and may only be used by, persons who genuinely intend to use the Service to provide or avail of Childcare Services.
6.4 You must not use, or attempt to register on, our Service if you act as an agency or other intermediary for any Childcare Services.
6.5 You must comply with our requirements to register or remain registered on the Service including any obligation of Childcare Providers to supply or update any ID or other documents.
7. Standard of Service
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
7.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.
8. Acceptable use of our Service
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
8.1 You agree that you will not to do any of the following in connection with the Service:
a) break the law or infringe anyone else's rights;
b) send, store, display or link to any unlawful, infringing or otherwise inappropriate Content (including Content which is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive);
c) victimise or harass other people;
d) send, store, display or link to upload any Content that includes someone else's personal information unless that person is 18 years or over and you have obtained that person's explicit specific written consent or you are otherwise legally allowed to do so (e.g., as a parent/guardian);
e) make recordings or screenshots of audio / video interactions without the written consent of all other participants;
f) impersonate anyone;
g) use our Service to help you compete with us or infringe our rights;
h) disrupt our Service, e.g., spam, viruses or phishing;
i) interfere with or damage our Service or gain unauthorised access to any part of the Service or equipment used to provide the Service;
j) intercept or modify communications;
k) deliberately exploit any bugs;
l) circumvent any security or other features of the Service including features that restrict use or copying of Content; or
m) attempt, encourage or assist any of the above.
8.2 You agree to comply with any rules or guidance/requirements on our website. and cooperate reasonably with us in relation to our Service.
8.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
9. Your Content (e.g., profiles, reviews and messages)
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
9.1 You are responsible for your Content.
9.2 You agree that you have (and will keep) all rights rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
9.3 If you post a review, you promise that it is your independent, honest, genuine opinion.
9.4 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those sites. You acknowledge that we may share data from profiles with job search websites such as Google Jobs.
9.5 We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or our upstream providers, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
9.6 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
9.7 We are allowed without telling you to edit the text or layout of any profile or other Content uploaded to our Service to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your listing, you remain solely responsible for it, so please monitor it carefully.
9.8 We rank profiles in the search results in a choice of ways set by the User, including, nearest, newest, most recent login, top rated. The ‘most relevant’ results are determined by a combination of factors, including last login, distance, membership type, responsiveness, number and rating of reviews and number of uploaded documents or as otherwise explained on our Service.
9.9 We do not guarantee that any profile or other Content will generate any particular level of revenues or suitable enquiries.
9.10 We may place advertisements adjacent to or within your Content. If so, we retain all revenue from such advertisements.
9.11 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage that could have been avoided if you had made a backup (but this doesn't affect our duties under data protection laws).
9.12 We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for twelve months.
9.13 Uninstalling the Mobile App may result in deletion of all Content on your device.
10. Childcare Services (very important - we only provide a platform)
THIS SECTION EXPLAINS THE DIFFERENCE BETWEEN YOUR PLATFORM CONTRACT WITH US AND YOUR CHILDCARE CONTRACT WITH OTHER USERS. IT ALSO SETS OUT SOME IMPORTANT ASPECTS OF THE CHILDCARE CONTRACT AS WELL AS OUR ROLE IN FACILITATING THAT CONTRACT.
10.1 Our Service is a neutral platform where Childcare Providers (who do not act under our direction or control) can arrange to supply Childcare Services to Parents under a Childcare Contract. Any Childcare Contract is between the respective Childcare Provider and Parent and the terms are for the parties to agree. We are not a party to the Childcare Contract itself. You acknowledge that any legal claim arising from breach of the Childcare Contract is against the other party to the Childcare Contract and not against us.
10.2 If you are a Childcare Provider, you promise us that in connection with supply of the Childcare Services to Parents:
a) You have the necessary abilities (including registrations, permissions, qualifications, skills, training, expertise).
b) You will act in accordance with the highest standards reasonably to be expected in the relevant industry.
c) You will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.
d) You have or will take out, and maintain, any reasonably appropriate insurance.
10.3 Users agree to deal with other Users in a reasonable, polite and courteous manner and to respond promptly to communications from other Users.
10.4 If you have any complaint about another User, you must notify us promptly by email to email@example.com. We may in our discretion try to resolve the dispute, but we do not promise to get involved.
11. Dealing with other Users…
THIS SECTION CONTAINS IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
11.1 You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any Users. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2 If we state on our Service (e.g., by displaying the relevant icon) that we hold a Childcare Provider document such as a regulatory registration certificate or criminal records check or ID document, we do not guarantee that that any such document is accurate or valid or suitable for your purposes. If you are a Parent, it is your responsibility to verify it (and any other information important to your selection) including by seeking access to the original document from the relevant Childcare Provider and/or by making additional enquiries where appropriate. You are also responsible for continuing to verify the documents and information at appropriate intervals, for example before any time-limited document expires.
11.3 If you are a Childcare Provider, you are responsible for deciding whether it is appropriate for you to provide your services to any particular Parent and to take out your own insurance to protect yourself, if appropriate.
11.4 If you encounter any inappropriate behaviour or Content in connection with our Service, you agree to immediately (1) stop any communication with the other person and (2) contact us at us at www.childcare.co.uk/contact (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
11.5 If you are a Childcare Provider, you acknowledge that we permit Parents to post reviews in relation to you and/or your services and that these will be publicly available for viewing and will remain so after this agreement ends. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
12. Other people's services / advertising / websites
IN SHORT: WE AREN'T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
12.1 We may display other peoples' services, advertising and links to other websites. These may include online training courses, insurance services, payroll services and discount schemes. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
13. Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
13.1 We do not guarantee that guidance or other general information that we provide on our Service is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
14. Your account
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to create multiple accounts. You agree not to allow anyone else to use your account.
14.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
15.1 While parts of our Service are available to Users free of charge, certain features are available only to Users who subscribe or (in the case of our Mobile App) pay the applicable one-off fee. Subscriptions can be acquired for the prices (including applicable discounts) and periods and by the payment methods specified on our Service. Payment is in advance. We reserve the right at any time to vary or remove any benefits applicable to subscribers.
15.2 The prices shown on our website include any applicable VAT unless we say otherwise.
15.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service provided we notify you. If we do notify you, then you can decide if you want continue with the Service at the correct price.
15.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts or otherwise take payments when payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
15.5 We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month's notice will be at the new price.
15.6 If you are a corporate member, you agree that we can downgrade you to free membership if we do not receive, or stop receiving, any payment applicable to your corporate membership from the relevant entity.
15.7 You must contact us immediately with full details if you dispute any payment.
15.8 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
16. Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE
16.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months or earlier as communicated to you at the time of the offer. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
16.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
THIS SECTION SETS OUT THE EXTENT OF OUR SUPPORT SERVICE, IF APPLICABLE
17.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the Mobile App.
18. Compatibility of Mobile App
IN SHORT: WE DON'T GUARANTEE OUR MOBILE APP IS OR WILL REMAIN COMPATIBLE WITH YOUR DEVICE
18.1 We do not guarantee that the Mobile App is or will be compatible with any particular mobile devices or associated operating systems (OS's). You must check that the Mobile App works on your applicable device before you subscribe. You acknowledge that the supplier of the device or OS may issue an update that causes our Mobile App to stop working. We may issue Mobile App updates through the Store; if so, you may not be able to use our Mobile App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for Mobile App updates and to install them as soon as they become available.
19. Functioning of our Service
IN SHORT: WE DON'T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
19.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don't have a seriously negative affect on the Service.
19.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
20. Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS
20.1 You may at any time end this contract by closing your account or otherwise following any applicable instructions on our Service. (This doesn't entitle you to a refund unless you have Consumer ‘cooling off’ rights, explained above.)
20.2 We are entitled at any time to end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
20.3 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
a) you break this contract;
b) you are subject to repeated complaints by other Users and/or negative reviews;
c) any fees due to us are unpaid / unjustifiably charged back;
d) we think that it is necessary to protect us or others;
e) we are required to do so by law or appropriate authority; or
f) you or anyone on your behalf acts inappropriately towards our staff.
20.4 If you are a Childcare Provider and we end the contract, we will give you at least 30 days' notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
20.5 If we suspend our Service, you remain responsible to pay for our Service during the period of suspension if you were at fault. We are entitled to make resumption of a suspended Service subject to reasonable conditions including payment of a reasonable fee.
20.6 If this contract ends:
a) Your right to use our Service and all licences are terminated.
b) We are allowed to delete your Content without telling you.
c) Existing rights and liabilities are unaffected.
d) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
e) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
21. Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
21.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
21.2 Very important: If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
a) there is no breach of a legal duty owed to you by us;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) (and to the extent that) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
21.3 Very important: If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) arising from your breach of this agreement or misuse of our Service.
21.4 The following clauses apply only if you are not a Consumer:
a) To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
b) Subject to the first paragraph in this section (‘Nothing in this agreement…’), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
- loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
- indirect, consequential or special losses.
c) Subject to the first paragraph in this section (‘Nothing in this agreement…’), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
d) You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
21.5 If you use our Mobile App, the following applies where Apple Inc is the Store:
a) In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the Mobile App or the end-user's possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
22. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER TO USE THE CONTENT
22.1 The IP in all of our Content material used on or in connection with our Service are owned by us or by our partners or other Users.
22.2 You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business, use only. Unless these terms specifically allow you to, you must not otherwise use any part of such material including copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
22.3 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
22.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
22.5 If you upload any Content to our Service (including logos, trade marks and brand names), you retain ownership of the intellectual property rights. You allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our Service and on other peoples' websites (e.g., job search websites such as Google Jobs). You waive your ‘moral rights’ in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.
22.6 In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party's intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
23.1 You agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which may change from time to time.
23.2 You acknowledge that we do not supply Users with access to any personal or other information provided to us or generated by use of our Service other than as explained on our Service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
24. Events outside our control
IN SHORT: WE AREN'T RESPONSIBLE FOR ‘ACTS OF GOD’
24.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
25. Extra legal terms for Mobile App
HERE ARE SOME ADDITIONAL LEGAL TERMS REQUIRED BY APPLE REGARDING OUR MOBILE APP
25.1 If you use our Mobile App, you promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (This clause is required by Apple, Inc.)
25.2 Where Apple Inc is the Store: You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
26. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
26.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
27. English law
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
27.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
28.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can contact us at www.childcare.co.uk/contact. Headings used in this agreement are for information and not binding. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. A person who is not a party to this agreement can't enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
29.1 If you have any complaints, please contact us via the contact details shown below.
30. Company information
30.1 Company name: Childcare Limited
30.2 Trading name: ‘Childcare.co.uk’
30.3 Country of incorporation: England and Wales.
30.4 Registered number: 6020111
30.5 Registered office: 1 High Street Mews, Wimbledon Village, London, SW19 7RG
30.6 Contact address: Suite 207, 548-550 Elder House, Elder Gate, Milton Keynes, MK9 1LR
30.7 Other contact information: See our website.
30.8 VAT number: GB 977412196
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
– I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
– Ordered on [*]/received on [*],
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate