After School Care :: Terms and Conditions

Terms and Conditions

www.afterschoolcare.co.uk

1. Introduction

1.1 This website, www.afterschoolcare.co.uk, ("the Site") is a website which matches families seeking after-school childcare with providers of after-school care. The terms set out below will apply to your use of the Site, whether you are a childcare seeker or provider. These terms will apply to both registered users and to those who simply view the Site ("you").

1.2 The Site is operated by After School Care Limited ("we" or "us").

1.3 You will be bound by these terms and conditions in full and you also agree to consider the policies and guidelines set out below:

Recommended Security Guidelines for Childcare Seekers which explains how you can check references, undertake Criminal Records Bureau searches and otherwise take steps to maximise safety when engaging a childcare provider.

1.4 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.

1.5 Afterschoolcare.co.uk is not a Recruitment Agency as defined by the Employment Agencies Act 1973 ("the Act") nor is it an Agency or Employment Business as defined in the Conduct of Employment Agencies and Employment Businesses Regulation of 2003 ("the Regulations") as such the Act and Regulations do not apply to afterschoolcare.co.uk.

2. How the Site Works

2.1 The Site will matches available childcare providers and childcare seekers.

2.2 Childcare providers who are available to provide childcare services will be able to register with the Site for free. Each provider will supply their own information for their listing and please note that we do not check or verify any information contained within a listing.

2.3 Users of the Site who are seeking childcare services will be able to register with the Site and in exchange for the payment of a small fee ("an Access Charge") childcare seekers may view the listings of suitable childcare providers in their area. The listing may be provided via the Site or by email.

2.4 We cannot guarantee or provide any assurance to childcare providers or seekers that a suitable engagement will be made. It is the responsibility of the childcare provider and seeker to reach a mutually acceptable agreement as to employment or engagement terms, and to deal with any tax, regulatory and other relevant matters. We will not be responsible or liable for any agreement users of the Site may reach or for any failure to reach agreement.

2.5 If you purchase a list of childcare providers from us please note that we do not check, monitor or verify information relating to childcare providers and you must undertake your own reference checks, Criminal Records Bureau Searches and other due diligence. Information and guidance about checking references, taking identity documents, undertaking CRB searches and meeting providers is set out here.

3. Registration

3.1 Registration with the Site is free of charge, whether you are a childcare provider or a childcare seeker. If you are a childcare seeker you will need to pay a charge (referred to as "an Access Fee") to access a list of providers in your area. With regard to the Access Fee, we apply a no refund policy.

3.2 If you wish to register as a childcare provider you will need to provide your name, email address, sex, marital status, address, postcode, contact telephone number and other details relating to your professional experience and qualifications.

3.3 If you wish to register as a childcare seeker then you will need to provide the following information on registration: name, email address, address, postcode, contact telephone number.

3.4 You agree that all information supplied on registration is true and accurate. We will use the information provided to us to contact you and we may contact you by email or by telephone.

4. Use and Abuse of the Site

4.1 You must be 18 or over to use or register with the Site whether you are a provider or a childcare seeker

4.2 As a childcare provider you may only place one listing on the Site and we will immediately remove any duplicate listings or any listings which seek to advertise or list your services more than once.

4.3 You must supply complete and accurate information to us and you agree to indemnify us on a continuing basis against any claim, damage or liability which we may suffer arising from your failure to supply complete and accurate information to us.

4.4 We do not provide advice on applicable laws and regulations relating to childcare services, tax, employment, discrimination or data protection we are not responsible for any compliance or lack of compliance on the part of a childcare provider or seeker. You agree that you will comply with such laws and regulations and you agree to indemnify us on a continuing basis against any claim, damage or liability which we may suffer arising from your failure to comply with any such laws and regulations.

4.5 We also reserve the right at our discretion to remove any content from the site, terminate any registration and restrict any access to our services at any time for any reason.

4.6 We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.

4.7 In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

5. Advertising and Commercial Use

5.1 We are not an agency or employment business. The Site is intended to allow families to engage childcare providers directly. This means that we do not allow any employment, nanny or childcare agency to advertise or place a listing on the Site (nor may an agency use the Site to obtain a list of available childcare providers). If you are using the Site and we suspect that you are an agency we reserve the right to delete your listing, terminate your registration and/ or refuse to supply you with a list of providers.

5.2 You may not use any information relating to childcare providers or contact any childcare provider unless you have a bona fide intention to secure childcare services directly on your own behalf. If you are an agency you may not under any circumstances use any information which has been provided in your agency business.

5.3 You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

5.4 In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

6. Our Liability

6.1 We will operate the Site with the reasonable skill and care of an online service provider. Our services do not extend to monitoring or supervision of the content or accuracy of childcare providers' advertisements or registration information, nor do we supervise or advise on any contacts or communications between childcare users and providers nor do we advise or supervise any employment or tax matters. As such we will not be liable for any loss or damage which you suffer or incur which arises from the engagement by you of a childcare provider whose details have been provided to you by us nor will we be liable for any loss or damage which you suffer or incur which arises from your engagement by a childcare seeker to whom we have passed on your details.

6.2 From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.

6.3 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost bargain, loss of anticipated savings, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if content you have posted and stored on the Site is lost, corrupted or damaged.

6.4 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.

7. Cancellation and Termination

7.1 If you are registered with the Site as a childcare provider we will remove your listing within 5 business days of receiving an email requesting deletion.

7.2 We reserve the right to delete any listing immediately without notice if in our opinion you have breached these terms and your member profile and any content on the site will be deleted.

7.3 No Access Fees are refundable under any circumstances.

8. Other Sites

8.1 The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.

9. Intellectual Property

9.1 The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.

9.2 By providing information to us you expressly grant a licence to us to display the content and to use it for any of our other business purposes.

9.3 We do not screen content or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

9.4 If you believe that any content on the Site contains a defamatory statement, is offensive or is in breach of intellectual property or other rights, please notify us immediately at after-school-care@btconnect.com and we will make all reasonable endeavours to remove the relevant content within a reasonable time.

9.5 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.

10. General

10.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

10.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

10.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

10.4 We may make changes to the format of the Site, services provided or to the Site's content at any time without notice.