PrimeChildCare Terms and Conditions
BACKGROUND:
This agreement applies between you, the Parent and the Childcare Providers, hereinafter also referred to as “the User” and Prime ChildCare, hereinafter referred to as “the Company” the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your registration for the use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. These Terms and Conditions are also deemed to have been accepted by Visitors to the Website. The User understands that they have no authority to enter into any agreement on behalf of the Company.
PrimeChildCare, hereinafter referred to as the “Company”, incorporated in England and Wales registration number 7689473, The Company is an online service offering the most simple and effective way of putting parents in touch with their local childcare providers. Parents and childcare providers can search our national database using the Company search engine to find their nearest match.
DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
"Website": http://www.primechildcare.co.uk
"Account": means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Site
“Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site
“Free Content”: means any Content that is accessible without the payment of a Subscription Fee
“Learning Establishment”: means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers
“User/Users”: means any third party that accesses the Web Site and services of The Company either a Childcare Provider or a Parent and is not employed by The Company and acting in the course of their employment
“Parent”: means any person over the age of 18 competent to understand, agree and comply with these Terms and Conditions
“Childcare Provider”: means any person over the age of 18 or any person who possesses either parental or guardian consent in offering childcare services to the Parent and is competent in understanding, agreeing and complying with these Terms and Conditions
“Paid Content”: means Content accessible only upon the creation of an Account and the payment of a Subscription Fee
“Service”: means collectively any online facilities, tools, services or information that The Company makes available through the Web Site either now or in the future
“Subscription Fee”: means the sum of money paid by Users at the time of registration and at monthly intervals to keep their Account active and to enable them to access Paid Content
“Subscription Period”: means the period for which a subscription has been purchased and will refer to a monthly or annual subscription period with a minimum of three months at initial registration. Monthly subscription will continue thereafter until terminated by either the User or the Company
“System”: means any online communications infrastructure that The Company makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links
INTELLECTUAL PROPERTY
Subject to the exceptions in Clause 5 of these Terms and Conditions , all Content and material included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. The User agrees not to remove, modify, alter or use any registered or unregistered marks/logos owned by the Company, including but not limited to the mark "PrimeChildCare®" and indulging in activities which may result in taking unfair advantage of the reputation and goodwill of the Website or the Company and could be considered an infringement of any of the intellectual property rights owned and/or licensed to the Company. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.
USE OF FREE CONTENT
You may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal, commercial or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by The Company. Specifically you agree that: you will not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.
you may not as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes and: employees of Learning Establishments may not use the Free Content of the Website for teaching purposes.
USE OF PAID CONTENT
If you are Premier member of The Company payment of a Subscription Fee grants you a licence to access all user profiles and to use the private messaging system contained on the Web Site for the duration of your subscription. You may use such Content in the following ways:
For personal purposes;
* Send a limit of 10 private messages to any other user within 24 hours
* View a limit of 10 enhanced profiles within 24 hours.
* Under such a licence, you agree that you will not systematically copy Paid Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by The Company
* The User agrees not to use the Website for commercial purposes and any information disclosed by the Company must be used for personal use only.
* As a User of this Website you may not use the Paid Content of the Website for employment purposes including and not limited to agencies or any other form of recruitment. Breach of this condition will result in immediate termination of your Account. If you are an organisation, a company and/or a business you may not register with the Website or Use it for any purpose
THIRD PARTY INTELLECTUAL PROPERTY
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to third parties including advertisements from other internet websites. Unless expressly stated to be so, all such Content is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site. The Company are not responsible or liable for any inaccuracies or suitability of the Content provided by these third parties. The User agrees that The Company accepts no responsibility whatsoever for any personal injury, loss, damage, expense or compensation suffered or incurred arising directly or indirectly for an act or omission of negligence from the Content provided by third party websites. The Company is unable to guarantee the accuracy of any information or statement or reference provided by the third party websites and their content. All content, logos and trademarks on third party websites remain their exclusive intellectual property and the User agrees to abide by the Terms and Conditions set out by these third parties.
LINKS TO OTHER WEBSITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
LINKS TO THIS WEBSITE
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site HYPERLINK "http://www.primechildcare.co.uk" www.primechildcare.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Company. To find out more please contact us by email at HYPERLINK "mailto:info@primechildcare.co.uk" info@primechildcare.co.uk
ACCEPTABLE USE OF COMMUNICATION FACILITIES
When using the private messaging facility and / or any other System on the Web Site you should do so in accordance with the following rules:
* the User agrees that initial communication with another User will solely be through the Company’s private messaging system. The Company is not responsible for the Content of these private messages.
* you must not use obscene or vulgar language, pornographic or sexually explicit material of any kind;
* you must not submit Content that is unlawful in any established jurisdiction or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, discriminatory, ageist, sexist or racist;
* no Content that is intended to promote or incite violence or graphic violence;
* it is advised that posts on message boards, chat facilities, email messages, or similar and communications with The Company are made using the English language as we may be unable to respond to enquiries submitted in any other languages; you must not post links to other web sites containing any of the above types of Content;
* the means by which you identify yourself must not violate these terms of use or any applicable laws or copyright works;
* you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
* you must not impersonate other people, particularly employees and representatives of The Company or our affiliates or mislead other Users with inaccurate or misleading information.
* you must not use our System for unauthorised mass-communication such as “spam” or “junk mail” or interfere with our network security or attempt to use the Website for fraudulent, criminal or for unauthorised activities which may result in the User accessing another computer system or violating someone else's privacy or providing or creating computer viruses;
* the User agrees not to copy, access, damage, interfere, scan or disassemble any software or hardware used by the Company which may result in the violation of its system or network security.
* you acknowledge that The Company and its employees reserves the right to monitor any and all communications made to us or using our System including the Company’s private messaging system.
* you give your consent to the Company to amend, use, translate, or to circulate information provided by you the User for any use. The User agrees not to contravene any national or international legislation which breaches accepted internet protocol.
ACCOUNTS
In order to access Paid Content on this Website and to use any forums, chats or similar facilities you are required to register an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:
* All information you submit is accurate and truthful and all compulsory fields contained in the registration form are completed.
* You will keep this information accurate and up-to-date.
* Your creation of an Account is further affirmation of your representation and warranty.
* You accept that the Company does not sanction, approve or validate any information provided by the User or contained in their profile. Nor will the Company validate the identity or accuracy of the information by the User including and not limited to personal details, qualifications, references, CRB checks, education, training and experience.
* Sharing of accounts is not permitted unless expressly authorised in writing by The Company and you agree not to authorise any other person to use your membership. This will result in termination of your account. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you suspect that an unauthorised person has accessed your account or you are aware of a security breach, you must notify us immediately.
* the User agrees not to solicit passwords or personally identifying information from other Users for commercial or unlawful purposes.
When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
* The Company reserves the right to review and edit your account, including your profile to ensure appropriate use of the website by the User.
* The User agrees to subscribe to the Company’s newsletter and any other publication or mail. The User is entitled to unsubscribe by opting to discontinue receiving these updates via the Website.
* The User agrees not to undertake any direct or indirect activity which may result in the promotion of similar or competitive Websites or otherwise of a personal or commercial nature whilst holding an Account with the Company or within one year of its termination.
SUBSCRIPTIONS
Subscription fees commence on the date that you activate your subscription upon upgrading your account to a Premier Account. Your credit / debit card will be billed on activation and monthly thereafter.
Your first payment will be at the price advertised on the Web Site. The Company reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
* Increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
* If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
* If you have subscribed in error you must inform The Company within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.
* All subscription fees made through the Website will be managed by PayPal and the Company have no access to the User’s payment details.
* Each monthly subscription fee will automatically be debited from your PayPal account at the same amount as your initial fee.
TERMINATION
Either The Company or you may terminate your account and (where relevant) your subscription. If The Company terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
The User may terminate their Paid Subscription via their PayPal account or contact us and we will cancel your account with immediate effect. Please note that once your account has been cancelled you will not be able to use the facilities of a Premier Account with immediate effect and no refund will be given.
If The Company terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. Terms of breach may include and are not limited to, any clauses contained within these Terms and Conditions, providing us with false, misleading or incorrect personal information, a request of disclosure from a regulatory body or law enforcement agency.
If The Company terminates your account or subscription for any other reason, you will NOT be refunded any remaining balance of your Subscription Fee.
If The Company terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
The Company reserves the right to undertake legal proceedings including civil proceedings in cases whereby the User is liable for direct in indirect damages as a result of any misconduct or illegal activity or breach of these Terms and Conditions.
PRIVACY AND DATA PROTECTION POLICY
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click the following link: Privacy Policy.
The Company agrees to protect the User’s confidentiality and privacy and the information the Users provide to the Website.
The Company is the data controller of the User’s data submitted using the Website. The Company is registered under the Data Protection Act 1998 (DPA) and the Company complies with the DPA in all our dealings with the User’s personal data.
The User consents to the Company processing your personal data when using the Website, to the extent necessary to facilitate online introductions and to enable the Company to operate the Website for the purposes for which it is reasonably intended to be operated.
The Company reserves the right to gather and disclose information relating to use of the Website to third parties. The User thereby consents to the collection and use of this information by using the Website
DISCLAIMERS
The Company makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, The Company makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Commercial use of the information on this Website is NOT permitted, and The Company makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
Whilst every effort has been made to ensure that all descriptions of services available from The Company correspond to the actual services available, The Company is not responsible for any variations from these descriptions nor is the Company under any obligation to verify and approve any information provided by the User. Please use caution and common sense when using the Website and ensure you have reviewed the safety guidelines contained here:
AVAILABILTY OF THE WEBSITE
The Company will endeavour to make the Website continuously available however the Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Company accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall limit or exclude the User and the Company’s liability for death or personal injury resulting from the User or the Company’s negligence or any liability for fraudulent misrepresentation.
Subject to clause 14.1, the company’s maximum aggregate liability to the User under, arising from or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a User’s monthly subscription charge.
Users should be aware that they use the Web Site, its Content and any interaction thereafter is at their own risk.
You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor any dispute between you and another User.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Under no circumstances shall The Company be liable for any inaccuracies or incorrect Content or of a defamatory nature made available on the Website provided by either the User or The Company.
In the event that a claim or action is brought against the Company arising from the User’s activities or Use of the Website, including any breach by the User of these Terms and Conditions or any charges or complaints made by other parties against the User, the User agrees to pay, hold harmless and defend the Company in the claim or action. The User also agrees to cooperate as fully as reasonably required in the defence of any claim and allow the Company to assume the exclusive defence and control of the matter.
INDEMNITY
The User agrees to indemnify the Company and/or any of its employees or affiliates fully and effectively indemnified from and against all debts, liabilities, obligations, actions, losses, costs, damages, proceedings, claims and demands or any legal action of any nature which the Company may suffer as a result of a breach of these Terms and Conditions . The Company is also indemnified of any information provided by the User, any violation or misuse of these Terms and Conditions or any criminal conduct, violation of any third party right, any use of offensive, aggressive or hostile material.
NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
PREVIOUS TERMS AND CONIDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
CHANGES TO THESE TERMS AND CONDITIONS
The Company reserves the right to:
* Change all or any part of these Terms and Conditions contained herein;
* Alter or amend or remove any elements of the website including and not limited to its design, features, content or layout;
NOTICES
All notices / communications shall be sent by email to info@primechildcare.co.uk. Such notice will be deemed if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
LAW AND JURISDICTION
These Terms and Conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and Wales and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
The User shall comply with all U.K. laws and regulations which apply to the User’s Use of the Website from whatever country the User is physically located including without limitation, consumer law, export control laws and regulations.
MISCELLANEOUS
The Company shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms and Conditions if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of the Company. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
Failure by the Company or the User to enforce these Terms and Conditions does not constitute a waiver of such right.
If any part of these Terms and Conditions is held unenforceable or void in any jurisdiction, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms and Conditions shall continue in full force and effect.
** I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. **
PrimeChildCare Limited is registered as a Limited Company in England and Wales. Company registered at Companies House in Cardiff. Registered number 7689473.
