Terms & Conditions

1.       Introduction

1.1     These terms and conditions shall govern your use of our website, Free Range Childcare.

1.2     By using our website www.freerangechildcare.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you are a childminder you need to register with us as a user in order to add your listing to our website.  A user can be a Childminder that are Ofsted, CSSIW or SCSWIS registered.  Parents do not need to register on our website but can contact us to ask us to help them find a Childminder in their area and Free Range Childcare will do their best to try and find one, however we cannot guarantee that we wll be able to do so and it will also be the parents responsibility to ensure the childminder is registered and suitable for their requirements.   We ask you to expressly agree to these terms and conditions.

1.4     Our website and our services are only intended for use by people resident in the United Kingdom and are not available to persons outside the United Kingdom. By applying to be a user and/or using our website, you warrant that you are based in the United Kingdom and you are at least 18 years old. You agree that you will not create multiple registrations with us. We do not accept applications from childcare agencies, only from individual registered Childminders.

1.5      We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

To estimate our audience size and usage pattern.

To store information about your preferences, and so allow us to customise our site according to your individual interests.

To speed up your searches.

To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

We use third party vendors, including Google, to show adverts for our website on the internet. These vendors may use cookies to show you adverts based on your prior visits to our site.

2.       Credit

2.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3.       Copyright notice

3.1     Copyright (c) 2013 Free Range Childcare.

3.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.       Licence to use website

4.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      contact childminders listed on our website

(e)      You may link to our home page, or any other public page on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

subject to the other provisions of these terms and conditions.

4.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3     [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]

4.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

4.6     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.       Acceptable use

5.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities unless it complies with contacting a Childminder enquire with them for providing you with care for your child.

5.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.       Registration and accounts

6.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.2     When you are a Childminder you need to register with us as a user in order to add your listing to our website. A user can be a Childminder that are Ofsted, CSSIW or SCSWIS registered.  Parents can contact us to ask us to help them find a Childminder in their area and Free Range Childcare will do their best to try and find one however we cannot guarantee that we will be able to do so and it will also be the parent’s responsibility to ensure the Childminder is registered and suitable for their requirements.

6.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4     You must not use any other person’s account to access the website, or create duplicate accounts

6.5    Childminders warrant that all services provided by them to a Parent will comply with all relevant legislation and regulations affecting childcare services and that you hold all appropriate licences and registrations.

6.6     Listing Fees are liable to change at any time, but changes will not affect any listings which we have already set up and confirmed (see below).

6.7     If you choose to have a paid listing you can have one that is paid for monthly or yearly (12 month period) as you select when you add your listing.  Your paid listing will automatically renew for successive periods of the same duration (that is, for a further month or twelve months, as applicable) unless and until either party gives to the other not less than 7 days’ notice prior to the next renewal date that it does not wish to continue the membership. We reserve the right to terminate your membership earlier in accordance with the provisions of clause 8.

6.8     Until we or you have given notice to terminate your listing at the next renewal date, or we have terminated it in accordance with clause 8, you shall remain liable for the Listing Fee due on any automatic renewals at the then current rate. Membership must be cancelled through sending a cancellation request to david@freerangechildcare.com . We will cancel your listing but it is the childminder’s responsibility to cancel their subscription contract with PayPal. We will not be liable for any costs incurred by Paypal transactions. It is your responsibility to cancel Paypal automatic renewals.

7.       User IDs and passwords

7.1     After registering on our website a confirmation letter containing your login details will be send out to you including some information on how to add your listing.  Please note that this does not mean that you have been listed on our website. You then complete the details for your listing and once you have submitted it, we agree to do our best to view and approve it within 48 hours and once it’s been reviewed by us it will be published for the public to see.  At this time the contract between us for the supply of hosting your listing will be formed.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.       Cancellation and suspension of account

8.1     We may:

(a)      suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

at any time in our sole discretion without notice or explanation.  We will determine, in our discretion, whether there has been a breach of our Terms and Conditions and will then take actions as we deem appropriate.

8.2     You may cancel your account listing on our website by sending us an email to david@freerangechildcare.com

9.       Your content: licence

9.1     In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2     You grant to us the right to use, copy, distribute and disclose to third parties any such material in accordance with these Conditions.

9.3     You grant to us the right to sub-license the rights licensed under Section 9.2.

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

9.5     Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

9.6     You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.     Your content: rules

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence[, in an explicit, graphic or gratuitous manner;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

11.     Limited warranties

11.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

11.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.4    We as the Company are not a party to the contractual relationship between the Childminder and the Parent (whether an oral, written or other contract). It is up to you to ensure that you are satisfied of the suitability of any engagement, to confirm the identity and the status of those involved and to check any credentials and we shall have no input or liability in that respect.  We are nnot acting as an agent of any visitors to our website or as an agent of any Parent and/or Childminder and we do not assume any responsibility for services provided by or between Parents and Childminders or any other third party suppliers.

11.5  Parents will be solely responsible for the engagement of a Childminder terms acceptable to you, for verification of its identity, qualifications, credentials and experience and for all necessary direction, supervision and control;

11.6 Childminder acknowledge that we do not guarantee any recruitment or engagement of you by a Parent and you must satisfy yourself of the suitability of any engagement and any arrangements between you.

 

12.     Limitations and exclusions of liability

12.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)      are subject to Section 12.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3    In no way will we be liable for any loss or damage of any nature

12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.     Breaches of these terms and conditions

13.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14.     Variation

14.1    We may revise these terms and conditions from time to time.

14.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15.     Assignment

15.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.     Severability

16.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.     Third party rights

17.1    These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

18.     Entire agreement

18.1    Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.     Law and jurisdiction

19.1    These terms and conditions shall be governed by and construed in accordance with English law.

19.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20.     Our details

20.1    This website is owned and operated by David & Jude Evans.

20.2    We are registered in [England and Wales] and our registered office is at 19 Lawns Park, North Woodchester, Glos, GL5 5PP.

20.3    Our principal place of business is at 19 Lawns Park, North Woodchester, Glos, GL5 5PP.

20.4    You can contact us by writing to the business address given above, by using our website contact form, by email to david@freerangechildcare.com or by telephone on 01453 872201.