Friday 30th September 2016

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Terms and Conditions

iChild.co.uk Terms & Conditions of Use

Please read these terms and conditions ("Terms") carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser. If you have any questions relating to these Terms, please contact Customer Services at the address displayed on our website.

1. Introduction
1.1 The iChild website (the "Website") is operated by iChild, a division of Family & Education Marketing Limited ("iChild") (Company Number: 06535747 and VAT registration 930 2254 60) whose registered office is at 10-14 Accommodation Road, Golders Green, London NW11 8ED. Certain services accessible through the Website are provided in collaboration with other organisations.

1.2 The childminder profile and vacancies service offered as part of the Website is operated by iChild in conjunction with the Professional Association for Childcare and Early Years, formerly known as National Childminding Association (Company Number: 02060964 and registered charity number 295981) whose registered office is at Royal Court, 81 Tweedy Road, Bromley, Kent, BR1 1TG (PACEY).

In these Terms, "we" "us" and "our" mean iChild. In particular we draw your attention to clauses 10 (applicability of online material) and 14 (Liability).

BY CLICKING ON THE "I ACCEPT" BUTTON WHEN YOU JOIN iCHILD OR USING THE WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS THEY MAY BE MODIFIED AND POSTED ON OUR WEBSITE FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS THEN YOU MAY NOT USE OUR WEBSITE.

2. Description of Service
2.1 Our Website is a place for you to access a wide collection of on-line resources, and includes products and services for sale by us and by third party suppliers ("Products"). We also provide access to additional areas of the Website to those individuals who have registered with iChild and paid the membership fee appropriate to the services they require ("Registration"). These areas provide member-only services including parenting, childcare and teaching resources and the childminder profile and vacancies service. We work in conjunction with PACEY to ensure that all childminders who advertise on this part of the website are PACEY members. We refer to the Website and all Services provided through the Website as the "Service". Our Website describes the Service in more detail.

2.2 You agree that the Service is provided "AS IS" and that we do not provide any guarantee or assurance that our Website or the Services will operate continuously or without interruptions or be error free. Accordingly, we cannot accept liability for its unavailability or the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings or that the Service will meet your requirements. You assume total responsibility and risk for your use of our Website and use of all information contained within it.

2.3 You agree that you shall not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device relating to the Website.

2.4 You agree that the Registration and Products which may be available for purchase or downloaded through the Website are available only to individuals that can form legally binding contracts under English law. In particular, you must be over 18 to benefit from the services.

3. Your registration obligations
3.1 Membership of the Service is available through our Website, on registration. You agree that when you register for membership of the Service using the on-line form ("the Registration Form"), you shall: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you are a childminder looking to advertise on the childminder profile and vacancies pages you confirm that you are a PACEY member and that you will remove your entries if your PACEY membership expires. If we have reasonable grounds to suspect that you have not complied with these requirements, we may suspend or terminate your membership account and refuse you access to any and all current or future use of all or any part of the Service.

4. iChild Privacy Policy
4.1 Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy here.

5. Information you provide to us
5.1 The following applies to all messages, emails, photographs, drawings, artwork, graphics, video clips, discussion board postings, blogs, ideas, suggestions, concepts, information including personal information or other material submitted by you to us ("User Content"):
You certify to us that you own or have the right to submit User Content to us for publication on our Website. You shall ensure that all User Content submitted by you is legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes or practice; and where any User Content relates to a minor, you certify that (i) you are the parent or legal guardian of the minor [or the PACEY childminder appointed to care for the minor]; and (ii) as parent or legal guardian (or the PACEY childminder appointed to care for the minor with the express written consent of the parent or legal guardian) you agree on behalf of the minor to grant the licence in clause 5.3 without any entitlement to payment arising from us to either you or the minor (save as otherwise expressly agreed with us).
You certify to us that all User Content submitted to us by you does not infringe the intellectual property rights, privacy or confidentiality of any third party, and is not obscene, abusive, threatening, libellous or defamatory of any person or otherwise unlawful;
You shall ensure that the User Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services. In particular, messages sent to PACEY childminders through the iChild Directory must not advertise or solicit for goods, services or funds and must only be sent for the purpose of seeking childcare. Any advertising by PACEY childminders must be restricted to the childminder profile and vacancies pages.

5.2 We do not monitor all User Content but we do have the right to monitor User Content and may edit, reject or remove User Content if we believe it does not comply with clause 5.1 and, in particular, we reserve the right to block incoming User Content if we believe that it contravenes these Terms.

5.3 You grant us and PACEY a non-exclusive, perpetual, irrevocable, royalty free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (whether alone or in conjunction with others) all User Content that you submit to us. You have sole responsibility for the User Content which you submit to us and this means that you, and not iChild or PACEY, are entirely responsible for all User Content you upload, post, email or otherwise transmit via the Service. You agree that iChild has no obligation to use or store any User Content submitted by you and it is your responsibility to keep a backup copy of such User Content.

5.4 You shall indemnify and shall keep us, our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the use of User Content submitted by you to us.

5.5 You agree that you will not use our Website for any purpose that is illegal or prohibited by these Terms, including without limitation the posting or transmitting of libellous, defamatory, inflammatory or obscene material. If you breach these Terms then we may immediately terminate your permission to use this Website without notice to you. We retain the right to deny access to any person who fails to comply with these Terms.

5.6 It is a condition of your registration with the iChild web site that we may email you from time to time (a frequency not exceeding more than once per week except in exceptional circumstances) with information on content additions and modifications to the web site. If upon having received such an email you would prefer not to receive future emails then you may use the 'unsubscribe' link provided at the foot of the email. Unsubscribing in this way will 'opt out' your membership of receiving such emails, without closing your account. However, iChild may at its absolute discretion still choose to email you with critical communications relating to the safety, security or administration of your account, and you will not be permitted to opt-out from receiving such emails without cancelling your account. You may cancel your account by emailing info@ichild.co.uk with your account information.

6. Termination
6.1 iChild may, in its sole discretion, terminate your Registration, including your password, account (or any part thereof), access or use of the Service if (a) iChild reasonably believes that you have violated or acted inconsistently with the Terms or (b) you are in default of any payment obligation in respect of any Product (including membership fees) which you have ordered.

6.2 iChild may, in its sole discretion, discontinue its provision of all or any part of the Service at any time and for any reason provided that in such event we shall refund you in respect of any Products which you have paid for but not received. Subject to this clause, you agree that iChild shall not be liable to you or any third party for any termination of your access to the Service.

6.3 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us and you for any reason.

7. Third Party Suppliers/Advertisers
7.1 We may display products/services of third party suppliers on the Website and provide you with the opportunity to buy goods and services from those suppliers through the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers and suppliers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or supplier. We can accept no liability for any goods or services provided by third parties. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The third parties will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.

8. Security
8.1 Upon registering with us to use the Website, you are issued with a user name and password which must be used in order to access certain parts of the Website, restricted to member use only. The user name and password are personal to you and are not transferable.

8.2 Your name and password are the methods used by us to identify you and so are very important. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.

9. Applicability of online materials
9.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use or for use within a childminding, childcare or teaching setting. You assume total responsibility and risk for your use of our Website and use of all information contained within it. For the avoidance of doubt, PACEY childminder members may use all content and materials published on our Website in the course of, or to promote, their childminding business.

9.2 We do not control or endorse in any way content provided by third parties which is published on the Website. All such content is published in good faith. However, save for content which relates directly to Products that you purchase or for content which is published on the Website by us in conjunction with our selected business partners, we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of third party content (whether published on or offline) and/or the use of such content.

9.3 Some of the content on our Website contains medical and/or health related information. You should not consider such information as advice of any kind and should not rely on it as medical advice. YOUR USE OF SUCH INFORMATION IS AT YOUR OWN RISK. Always consult your doctor in relation to medical and health matters.

9.4 Our Website is controlled and operated by us from our offices in England and we have endeavoured to ensure that our Website complies with UK laws. However, we make no representation that the materials on our Website are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.

9.5 iChild makes no representation and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or Services or any part of them available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products or Services are not offered for sale or to be downloaded by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase or download the Products or subscribe for the Services. iChild accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase, attempted purchase or download of the Products or services by persons in jurisdiction outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9.6 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.

10. Copyright and monitoring
10.1 The Website and Services are protected by international copyright laws and other intellectual property rights which are owned by iChild, its affiliates or third party licensors. All product,corporate, trade or business names and all logos mentioned in our Website are the trade marks, service marks or trade names of their respective owners, including us. You may download material from our Website for personal use, or for use in your childcare or teaching setting, or, if you are a PACEY childminder member, for use in your childminding business. Except as provided in this clause 10, you may not modify, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on our Website including but not limited to text, graphics, PDFs, video, messages, code and/or software without prior written consent from an authorised iChild executive.

10.2 iChild does not claim ownership of the User Content that you submit to iChild. However, by submitting User Content, you are granting iChild, its subsidiaries, affiliates and business partners, permission to use your User Content in connection with the operation of the Website and the Service, including without limitation, the licence rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all User Content that you submit to us.

11. Linked sites
11.1 iChild make no representations whatsoever, about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from iChild and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that iChild endorses or accepts any responsibility for the content, or the use of, such a website and iChild shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

12. Modifications to the Website
12.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content or Services available through it, including your access to it. Unless explicitly stated to the contrary, any new features include new content, and/or the sale of new Products or Services shall be subject to these terms and conditions. You agree that neither iChild nor any of its affiliates or business partners shall be liable to you or any third party for any modification, suspension or discontinuance of the Service.

12.2 Please note that although we try to ensure that the content of our Website is accurate, it may contain typographical errors or other inaccuracies.

13. Liability
13.1 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of iChild.
We promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our Website or any information or service provided through our Website.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of iChild or our servants, agents or any other person or entity.

13.2 Subject to clause 13.1, if we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product or Service concerned.

13.3 Our Website is best viewed using a minimum 512Kb broadband connection. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

14. Consumer Rights
14.1 Refund policy: You have the right to cancel “iChild Gold Membership” within seven days of purchase and to receive a full refund, providing that you have not downloaded any Premium content in that time. To do so, simply send your notice of cancellation by email within seven days of purchase to admin@ichild.co.uk with your name, address, postcode and the email address of your registration.

15. General
151 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

15.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.

15.3 These Terms together with the Privacy Policy, any order form and payment method instructions, if any, are the whole agreement between you and iChild. You acknowledge that you have not entered into this arrangement in reliance upon any statement, warranty or representation made by iChild or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, Privacy Policy, order form and payment method instructions.

15.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

15.5 Except in respect of a payment obligation, iChild will not be held liable for any failure to perform any obligation to the other due to causes beyond iChild's reasonable control.

15.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

15.7 All notices shall be given:
(a) to us via email at enquiries@iChild.co.uk or by post at iChild, Unit 410, Highgate Studios, 53-79 Highgate Road, London. NW5 1TL or
(b) to you at your email address.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

16. Governing law
16.1 These Terms shall be governed by and construed in accordance with English law.

16.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

17. Replacement
These Terms replace all other terms and conditions previously applicable to the use of our Website.