Simply Childcare - adverts, advice and information

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Terms and Conditions

This page tells you the terms on which you may make use of our website (the Website), whether as a guest or registered subscriber and sets out the terms upon which we provide our services to you. Please read these terms and conditions (the Terms) carefully before you use our Website or register with us. By using our Website or registering with us, you agree to be bound by these Terms. If you do not agree to the Terms, please refrain from using our Website or registering with us.

Information about Us

www.simplychildcare.com is a Website operated by Ms Carla Shimeld trading as Simply Childcare (we, us, our). Our main trading address is 16 Bushey Hill Road, London, SE5 8QJ. Our VAT number is 701370579.

Description of our services

We are not an agency and do not provide a managed matching service. Our Website works as a low cost online search facility and publishing service for families seeking private childcare and people seeking employment as childcarers. We charge solely for the right to access the personal contact details of those seeking private childcare or employment as a childcarer and the right to have an advert added to our online database.

Our service covers all types of childcarer including nannies, registered childminders, nanny shares, mother's helps, au pairs, after school carers, babysitters and domestic help.

All visitors to our Website can use our online search facility to search for and view adverts from families seeking childcare and from nannies or other childcarers seeking employment. If you are a registered subscriber, you will have access to the contact details (such as an email address or telephone number) of the childcarers or other registered subscribers who advertise on our Website. If you are not a registered subscriber, you will only have access to limited extracts of the adverts and will not be permitted to view any contact details for those seeking childcare or employment as a childcarer.

If you are a registered subscriber, you can also provide us with your own advert to be added to our online database. Your advert will then be available to our registered subscribers and, in a limited form, to all users of our Website during the period of your registration unless you ask us to remove your advert within this period.

Our right to refuse registration

We reserve the right, in our absolute discretion and for any reason whatsoever, to refuse to register you as a registered subscriber.

Disclaimer and reliance on information

The registered subscribers who use our services such as childcarers and families are not interviewed, vetted or screened by us nor are they guaranteed in any way. We do not accept any liability for the acts of our registered subscribers and offer no warranty for the character, reliability, background, credentials or suitability of any person who advertises on or uses the information contained on our Website.

It is your sole responsibility to conduct thorough background investigations and reference checks and to satisfy yourself as to the qualifications, experience, criminal record and suitability of any childcarer or family before offering them a job or accepting a job with them. We do endeavour to speak to all our registered subscribers but we are under no obligation to do so and cannot guarantee or confirm that any registered subscriber is who they claim to be. The final decision to employ a childcarer or have communications with any person advertising on our Website and any arrangements made between you and a registered subscriber are your sole responsibility.

We do not guarantee results or that you will find a suitable childcarer or employment as a childcarer and cannot control the number or nature of responses you receive. Please note in particular that we do not have any control over how our registered subscribers or other website users use the information we display about you on our Website and do not accept any responsibility or liability resulting from any such use. Any decision to publish an advert on our Website is at your own risk. If you feel a response you receive is an inappropriate use of our services, please notify us immediately.

We provide access to information and seek to provide accurate information but do not confirm the accuracy of any of the information contained in adverts submitted by our registered subscribers. We take no responsibility and accept no liability for the accuracy, quality, quantity or relevance of any information provided in adverts submitted by registered subscribers. By subscribing to us or using our Website you acknowledge that we have no control over the truth or accuracy of any of the adverts that appear on this Website or the validity, security or legality of jobs advertised on this Website.

We may provide general information, advice and articles from time to time on childcare based on our knowledge and experience. All such advice, commentary and information is provided in good faith but is for information only and is not intended to amount to advice on which reliance should be placed. We do not give any warranty or representation as to its accuracy, completeness or reliability and accept no liability for any reliance placed on such information.

Any contract of employment between you and another registered subscriber is to be arranged between you and such registered subscriber and we do not accept any responsibility in relation to such contract of employment. Any contract of employment we provide to you as an example is as a guide only and you should obtain specific legal or other professional advice before relying on any such example contract.

Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the information we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

Passwords and security

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 Terms.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

Our Website changes regularly

We are continually seeking to update and improve our Website and may change the content at any time. If the need arises, we may suspend access to our Website or close it indefinitely. If we close our Website we will provide you with a pro-rata refund in respect of the balance of your registration fee. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to our Website

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Liability

To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in respect of this Website or its contents.

To the extent permitted by law, we also exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any act or omission of a childcarer or other registered subscriber who advertises on this Website, any websites linked to this Website and any materials on it, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, 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.

Nothing in these Terms affects 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 in respect of which it would be unlawful or in breach of regulation to limit or exclude liability.

We take no responsibility for any choice of job made by a childcarer or for any choice of childcarer made by a family or other registered subscriber. Any arrangements between you and any registered subscriber are private arrangements, unconnected with us.

Your obligations

Please let us know if you would like us to remove your advert from our database within the period of your registration. Please note that, in such circumstances, we cannot provide you with any refund of your registration fee.

You may use our Website only for lawful purposes in order to seek employment as a childcarer or to seek private childcare. You may not use our Website or the information obtained from it:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way.

You also agree:

  • not to use our database or the information obtained from it for any purpose other than to seek private child care or to seek employment as a childcarer;
  • not to disclose to any third party any of the contact details you obtain from our Website and to keep such contact details secure and confidential;
  • not to reproduce, duplicate, copy or re-sell any part of our Website or any of the information you obtain from it except as permitted by these Terms;
  • not to access without authority, interfere with, damage or disrupt; any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party.

Adverts

You warrant that any advert you submit to us complies with the standards set out within these Terms, and you agree to indemnify us in full for any loss we suffer as a result of any breach of that warranty.

Any advert you submit to us via our Website will be considered non-confidential and non-proprietary, and we have the right to display your advert on our online database in accordance with these Terms.

We will not be responsible, or liable to any third party, for the content or accuracy of any advert posted by you or any other user of our Website.

We may suggest changes to any advert you submit to us in order to make your advert more effective. We reserve the right to edit, omit or delete any information submitted by you in an advert before adding the advert to our database. However, we will always ensure you have approved any advert we have amended before adding it to our database. You should check your advert for errors as we assume no responsibility for errors or omissions. We will not be responsible if any of the content of your advert is unlawful in any way.

We may refuse to publish an advert on our Website if we feel the content of it is unsuitable or inappropriate or does not comply with these Terms, and may remove any advert at any time, in our absolute discretion, if we feel the advert is inappropriate or unsuitable or does not comply with these Terms.

Adverts you provide to us must be accurate, legal, decent and honest and comply with applicable law in the UK.

Adverts must not:

  • contain false or incorrect information;
  • promote unlawful discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • promote any illegal activity;
  • contain any material which is defamatory of any person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • contain surnames or your home address;
  • be likely to deceive any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; or
  • be likely to harass, upset, embarrass, alarm or annoy any other person.

Payment

The price of registration is as set out on our Website and is inclusive of VAT. Each registration lasts for the period indicated on our Website.

Once your registration has expired your password will lapse, any advert you have submitted will be removed from our online database, and you will no longer have full access to the details on our database such as the personal contact details of registered subscribers who advertise on our Website.

When we have received payment from you we will confirm your registration by email.

You can pay by most credit/debit cards or by sending a cheque made payable to "Simply Childcare" with your name and address written on the back to the address set out in the "contact details" section of these Terms.

In exceptional circumstances refunds may be available at the discretion of the management team.

Copyright notice and limited licence

We (or our suppliers or third parties who have granted us permission to reproduce their material on this Website) own all copyright and other intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials or information contained on our Website for commercial exploitation without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

If you breach this provision, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

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 Website or to your downloading of any material contained on it, or on any website linked to it.

Suspension and termination

We reserve the right to terminate your registration at any time for any reason and remove any advert provided by you without liability to you with immediate effect by providing you with written notice. In such cases we will provide you with a pro rata refund of your registration fee in respect of the outstanding period of your registration unless there has been a breach of these Terms.

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Website or otherwise. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Website or your registration;
  • issue of a warning to you;
  • 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;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

Linking to our Website

Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website. Deep links are hypertext links which take visitors into a particular page on a website whilst bypassing the homepage of that website. You agree that you will not create any hypertext links or deep links between this website and any third party website without our prior written consent. If we grant such consent it is subject to the conditions that the hypertext link is to the home page of this website, and that the link is done in a way that is fair and legal and does not damage our reputation or take advantage of it. Our Website must not be framed on any other website.

Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website. These Terms are governed by English law.

Trade Marks

The trade marks and logos displayed on this Website are the registered or unregistered intellectual property rights of ours.

Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

Contact Details

If you have any concerns about material which appears on our Website, please contact:

Ms Carla Shimeld
Simply Childcare
16 Bushey Hill Road
London
SE5 8QJ

Tel: 02077016111
Fax: 02077037484
Email: info@simplychildcare.com

Thank you for visiting our Website.

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© Simply Childcare 2008