Terms & 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.
1.1. The iChild website (the "Website") is operated by iChild Limited ("iChild") (Company Number: 11209179) whose registered office is at 7A Waterside Business Park, Waterside, Chesham, Buckinghamshire, England, HP5 1PE. Certain services accessible through the Website are provided in collaboration with other organisations.
In these Terms, "we" "us" and "our" mean iChild and “you” means the individual and/or company or organisation using the Website, Products or Services. In particular we draw your attention to clauses 11 (applicability of online material) and 15 (Liability).
By registering with 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 teaching resources. 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 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.
3.2. We also offer a premier membership service called iChild Gold Membership. iChild Gold Membership grants you access to additional Services and Products. You may at any time upgrade your membership to iChild Gold Membership by paying the applicable membership fee as advertised to you on our Website (the “Membership Fee”). 3.3. Payment of the Membership Fee may be made by credit/debit card.
4. Subscriptions for Educational Packages
4.1. Some of our Products, such as our educational packages comprising digital resources for schools, are available by subscription only (the “Educational Packages”).
4.2. You may subscribe to receive the Educational Packages either as an individual through your iChild Gold Membership (each such individual an “iChild Gold Member”), or by subscribing on behalf of a school or other similar educational institution (“School”). If you are subscribing as an iChild Gold Member, when you subscribe to receive the Educational Package, a legally binding contract is made between you and iChild. When you subscribe on behalf of a School, a legally binding contract is made between the School and iChild.
4.3. Where an individual is subscribing on behalf of a School, you warrant that the individual has the full power and authority to enter into the contract and bind the School to the obligations under it.
4.4. Details of the subscriptions options available for Educational Packages are set out on the relevant part of the Website (“Subscription Page”) including, without limitation, information about: 4.4.1. the subscription fee to be paid (“Subscription Fee”); 4.4.2. the length of the subscription (“Subscription Period”); and how many users are entitled to use the Educational Packages (“User Subscriptions”). 4.4.3. how many users are entitled to use the Educational Packages (“User Subscriptions”).
4.5. To subscribe, you must pay the Subscription Fee set out on the Subscription Page. You must provide us with accurate and complete information that we may request from time to time including contact details, valid credit/debit card details and other payment information. You must inform us immediately of any changes to any information you have provided us. You may be subject to additional charges for failing to provide us with correct payment information.
4.6. Payment of the Subscription Fee shall be made by you by credit/debit card or, if you are subscribing on behalf of a School, by invoice. Invoices must be paid within 30 days of issue.
4.7. Whilst we make every effort to process your subscription promptly, we do not guarantee that any Educational Packages will be available to the School by any given time.
4.8. Subscriptions for the Educational Packages shall automatically renew at the end of each Subscription Period. You hereby authorise us to automatically charge you for the Subscription Fee using the payment information provided at the start of each Subscription Period.
4.9. When you subscribe, you will be granted a non-transferable, non-exclusive licence to use the Educational Packages for use within a teaching setting within the School (the “Purpose”) until such subscription is terminated.
4.10. You understand that save for any rights expressly granted in this clause you shall have no rights in or to the Educational Packages and all intellectual property rights and other proprietary rights in the Educational Packages belong to iChild (or its licensors).
4.11. The licence granted is strictly limited to, and you shall use the Educational Packages solely for, the Purpose.
4.12. You must ensure that: 4.12.1. any individual you authorise to access or use the Educational Packages are employees, workers or independent contractors of the School (“Authorised Users”); 4.12.2. the maximum number of Authorised Users that you authorise to access or use the Educational Packages does not exceed the number of User Subscriptions; 4.12.3. you are responsible and liable for any actions or omissions of the Authorised Users.
4.13. You must not: 4.13.1. grant sub-licences, in whole or in part, of any of the rights granted under this licence, or sub-contract any aspects of the rights licensed to you; 4.13.2. use the Educational Packages for any commercial purposes; 4.13.3. share, distribute, or otherwise make available to any third party the Educational Packages except for where reasonably necessary for use within the School for the Purpose; 4.13.4. remove the copyright or trade-mark notice from any copies of the Educational Packages; or 4.13.5. either directly or indirectly produce any materials which are substantially similar or substantially derived from the Educational Packages.
4.14. You shall be responsible for all actions or omissions of any users as if they were your own.
4.15. If you do not wish to renew your subscription, you must give us notice of this in writing at least 10 working days before your subscription is due for renewal. Otherwise you will be charged for the next Subscription Period.
4.16. We may terminate your subscription at any time if; 4.16.1. you breach the terms of your licence; 4.16.2. you fail to make any payment on its due date; or 4.16.3. for any other reason. In such an event, we will give you such notice as is reasonably practicable and you will be entitled to a refund of that part of any fee which relates to the unexpired period of the Subscription Period (unless we are terminating as a result of your breach of the licence as set out in clause 4.16.1).
4.17. Upon termination of your subscription, your licence will immediately be terminated. Upon termination you must destroy any copies of the lessons and schemes of work you hold and cease your use of the lessons and schemes of work in any way.
5. Late payment of fees
5.1. If you fail to make any payment due to us under these Terms by the due date, and without prejudice to our other rights and remedies, we reserve the right to; 5.1.1. cancel or refuse to grant your iChild Gold Membership; 5.1.2. terminate your subscription for the Educational Packages with immediate effect; and/or 5.1.3. charge interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause will accrue each date at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when the base rate is below 0%.
7. Information you provide to us
7.1. 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 of 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 childminder or nursery appointed to care for the minor); and (ii) as parent or legal guardian (or the childminder or nursery 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 6.3 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.
7.2. 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 6.1 and, in particular, we reserve the right to block incoming User Content if we believe that it contravenes these Terms.
7.3. You grant us 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, 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.
7.4. 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.
7.5. 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.
7.6. 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 firstname.lastname@example.org with your account information.
8.1. 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.
8.2. 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.
8.3. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us and you for any reason.
9. Shop/Third Party Suppliers/Advertisers
9.1. 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. Please note, any prices quoted on our Website are guideline prices only and are subject to change.
10.1. Upon registering with us to use the Website, you are issued with a username and password which must be used in order to access certain parts of the Website, restricted to member use only. The username and password are personal to you and are not transferable.
10.2. 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 username 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 username and password should be notified to us immediately.
11. Applicability of online materials
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. 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.
12. Copyright and monitoring
12.1. 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 teaching setting, or, if you are a childminder member, for use in your childminding business. Except as provided in this clause 11, 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.
12.2. 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.
13. Linked sites
13.1. 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.
14. Modifications to the Website
14.1. 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.
14.2. Please note that although we try to ensure that the content of our Website is accurate, it may contain typographical errors or other inaccuracies.
15.1. 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.
15.2. Subject to clause 14.1, 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.
15.3. Our Website is best viewed using a minimum 10Mbps 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.
15.4. 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.
16. Consumer Rights
16.1. Refund policy: You have the right to cancel your iChild Gold Membership or your subscription to an Educational Package within fourteen days of purchase and to receive a full refund, providing that you have not downloaded any of the relevant digital content in that time. Once you have downloaded any digital content made available to you through your iChild Gold Membership or subscription to an Educational Package, you will lose your right to cancel that membership/subscription.
16.2. To do so, simply send your notice of cancellation by email within seven days of purchase to email@example.com with your name, address, postcode and the email address of your registration/subscription.
17.1. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
17.2. 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.
17.4. 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.
17.5. 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.
17.6. 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.
17.7. All notices shall be given: (a) to us via email at help@iChild.co.uk or by post at iChild, The Stanley Building, 7 Pancras Square, London. N1C 4AG 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.
18. Governing law
18.1. These Terms shall be governed by and construed in accordance with English law.
18.2. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
19.1. These Terms replace all other terms and conditions previously applicable to the use of our Website.