Terms & Conditions
Terms and Conditions applicable to use of MyChildCentre sites (Providers and end-users)
By using or accessing www.MyChildCentre.co.uk, a product of Jarrett & Co Limited, a company registered in the UK under company number 11486871 and registered office address at 20-22 Wenlock Road, London, England, N1 7GU) (the “Site”), the user of the Site or service offered via the Site (“you” or “your”) agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorised to access or use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Jarrett & Co Limited (“supplier”, “we”, “us” or “our”). You are not authorised to use the services offered via the Site unless you are 18 or over.
1. The Site, the Service and our role
1.1 We do not own or manage, nor can we contract for, any childcare centre, facility or club listed on the Site (“Providers”). Instead, the Site is a forum which enables Providers to advertise their amenities to parents and carers (“Parents”) and enables Parents to book the use of their centres, clubs and facilities. We are not involved in any transaction between Parents and Providers even though we may provide tools that relate to a booking and may collect payment from a Parent on behalf of a Provider. As a result, the contract relating to a booking of a centre, facility or club is between the Parent and the Provider and each part of an actual or potential contract between a Parent and a Provider, (including without limitation the quality, safety or legality of the centres or facilities advertised, the truth or accuracy of the listings on the Site, the identity of Providers and Parents, ability of Parents to book the use of the facility or centre at specified times, or the ability of Parents to pay for the use of such facilities) are solely the responsibility of the Parent and Provider and it is the Parent’s and Provider’s responsibility to verify these matters. We therefore disclaim all liability and responsibility relating to the content and materials posted by the Providers and any reliance placed on this by you.
1.2 We are also not responsible for the operation or management of any facilities, centres or clubs listed on our Site or the compliance with laws, rules or regulations that may be applicable to any such facility, centre or club. Each Parent is advised to make appropriate enquiries with the Provider prior to making a booking and to raise any complaints directly with the Provider or the Provider’s regulator.
1.3 Where we collect payment on behalf of a Provider we act as an agent to receive payment on behalf of the Provider. A Parent’s payment to us will constitute settlement of the Parent’s debt to the Provider in relation to goods or services booked with the Provider. The cancellation terms applicable to the Parent’s booking with the Provider will be those set out on the Provider’s website or sent to you by the Provider and any cancellation may be made direct with the Provider or with us. However, in either case the Provider will be contractually liable for refunding the booking fee, in accordance with its terms of business.
2. Limited Licence to Use the Site
2.1 You are granted a limited, revocable, non-exclusive licence to access the Site and the content and services provided on the Site in accordance with the Terms. Any use of the Site that is not in accordance with the Terms or as otherwise authorised by us in writing is expressly prohibited. We reserve all rights in and to the Site, content and services not expressly granted in this condition 2.
2.2 We reserve the right to mention our name on the site.
3. Unauthorised Uses of the Site
3.1 The licence to use the Site granted to you in condition 2 does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
3.2 Unauthorised uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorised by us in writing:
3.2.1 make any commercial use (other than by registered Providers) of the Site or any of content on the Site;
3.2.2 make any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a booking for a registered Provider in respect of a club, centre or facility which is not registered with the Site;
3.2.3 copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
3.2.4 reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
3.2.5 modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; reverse engineer any part of the Site; sell, offer for sale, transfer, or license any portion of the Site in any form to any third-party;
3.2.6 use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any booking or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
3.2.7 post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, blasphemous, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
3.2.8 use any third-party material or content without that third party’s consent or otherwise plagiarise or infringe the rights of us or third-party including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
3.2.9 use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
3.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
3.4 By breaching condition 3.3, you would 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 Site will cease immediately.
3.5 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 Site or to your downloading of any material posted on it, or on any website linked to it.
4. Proprietary Rights and Downloading of Information from the Site
4.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.3 We won’t use, remove or alter user-contributed content (as defined in clause 7.1) unless that is in breach of conditions 3.2.6, 3.2.7 or 3.2.8 or if it otherwise is in breach of these Terms.
5. Our Privacy Policy
5.1 Our Privacy Policy is available here.
5.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5.3 We will transmit Parents’ data to the Providers that the Parents register with via the Site to enable the Providers to fulfil their service to Parents. We cannot be and are not responsible for any use made by the Providers of your data. You should check the Providers’ privacy policies to see what use will be made of your data.
6. Identity Verification
6.1 If you register with us, you must treat such information as confidential and must not disclose it to any third party. We reserve the right to disable any user identification, code or password at any time if in our opinion you have failed to comply with any provision of these Terms.
7. Responsibility for User-Contributed Content
7.1 We have no duty to pre-screen content posted on the Site by Parents, Providers or other users (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that is in breach of conditions 3.2.6, 3.2.7 or 3.2.8 or if it otherwise is in breach of these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit a Provider’s content in a non-substantive manner solely to cause the content to comply with our formatting requirements.
7.2 All childcare centre, facility or club listings on the Site are submitted by the Provider and are the sole responsibility of the Provider, and Providers are solely responsible for keeping their information up-to-date on the Site.
7.3 Any material you upload to the Site, with the exception of personal data and sensitive personal data, will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third-party any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.4 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 the Site.
7.5 We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in conditions 3.2.6, 3.2.7 or 3.2.8.
7.6 We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
8. Links to Third Party Sites
8.1 This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third-party, do not constitute an endorsement by us of any third-party, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
9. Our liability
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
9.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
9.1.2 businesses losses; and
9.1.3 losses to non-consumers.
10. GENERAL
10.1 No Agency: Except as expressly set out herein, our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
10.2 Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to info@MyChildCentre.co.uk or by postal mail to:
Jarrett & Co Limited
20-22 Wenlock Road, London, England, N1 7GU
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mail to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given two business days after the date of mailing.
10.3 Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to all or any part of the Site without notice or liability for similar reasons.
10.4 Variations to these Terms: We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Parent is to discontinue your use of the Site, and (ii) your sole remedy as a Provider is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When Providers renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
10.5 Subscription: your usage of the website is subject to the payment of your subscription in accordance to your Schedule Agreement. Our rates are reviewed every year on the 1st of January in line with the RPI.
10.6 Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
10.7 Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
10.8 Assignment: We may assign our rights under our agreement with you in our sole discretion, but not in such a way as to reduce the commitments we make to you. You must obtain our prior written consent to assign your rights under the agreement with us, which may be granted or withheld by us in our sole discretion.
10.9 Rights of third parties: No one other than a party to the agreement, their successors and permitted assignees shall have any right to enforce any of its provisions.
10.10 Jurisdiction: The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
Addendum to Jarrett & Co Limited Terms and Conditions applicable to the use of MyChildCentre (Providers)
1. Definitions and interpretation
1.1 In this Schedule:
|
Business Day |
means a day other than a Saturday, Sunday or public holiday in England and |
|
Complaint |
means a complaint or request (other than a Data Subject Request) relating to |
|
Controller |
has the meaning given in applicable Data Protection Laws; |
|
Data Protection Laws |
means, as applicable to either party: |
|
Data Protection Supervisory Authority |
means any regulator, authority or body responsible for administering Data |
|
Data Subject |
has the meaning given in applicable Data Protection Laws from time to time; |
|
Data Subject Request |
means a request made by a Data Subject to exercise any right(s) of Data |
|
Disclosing Party |
means the party who provides Shared Personal Data to the Receiving Party; |
|
GDPR |
means the General Data Protection Regulation, Regulation (EU) 2016/679; |
|
Permitted Lawful Basis |
means consent, contract, compliance with a legal obligation, and legitimate |
|
Permitted Purpose |
means the provision of childcare services offered by the Receiving Party; |
|
Permitted Recipients |
means the Receiving Party’s employees and contractors who need access to |
|
Personal Data |
has the meaning given in applicable Data Protection Laws from time to time; |
|
Personal Data Breach |
has the meaning given in the GDPR; |
|
Processing |
has the meaning given in applicable Data Protection Laws from time to time |
|
Receiving Party |
means the party who receives any Shared Personal Data from the Disclosing |
|
Shared Personal Data |
means Personal Data received by the Receiving Party from or on behalf of the |
1.2 Unless otherwise expressly stated in this Schedule the Receiving Party’s obligations and the Disclosing Party’s rights and remedies under this Schedule are cumulative with, and additional to, any other provisions of the Terms and the Additional Terms.
2. Status of this Schedule and the parties
Each party shall be a Controller of the Shared Personal Data. If the parties share the Shared Personal Data, it shall be shared and managed in accordance with the terms of this Schedule.
3. Compliance with Data Protection Laws
The Receiving Party shall at all times comply with all Data Protection Laws in connection with the exercise and performance of its respective rights and obligations under these Terms and the processing of the Shared Personal Data. This Schedule allocates certain rights and responsibilities among the parties as enforceable contractual obligations between themselves, however nothing in this Schedule is intended to limit or exclude either party’s responsibilities or liabilities under Data Protection Laws (including under Article 82 of the GDPR or under any similar Data Protection Laws and the duties owed by each party to Data Subjects under any Data Protection Laws).
4. Obligations on the Disclosing Party
The Disclosing Party shall ensure prior to sharing the Shared Personal Data with the Receiving Party that all appropriate privacy notices have been made available to each relevant Data Subject, and all consents obtained, as necessary to permit the sharing of the Shared Personal Data with the Receiving Party for the Permitted Purpose on the Permitted Lawful Basis as envisaged under this Agreement in accordance with Data Protection Laws. The Disclosing Party shall promptly notify the Receiving Party if it becomes aware that any such consent is withdrawn or if a relevant Data Subject has requested that their Shared Personal Data is no longer processed by either party for the Permitted Purpose.
5. Obligations on Receiving Party
5.1 The Receiving Party shall ensure that at all times:
5.2 it shall undertake all processing of the Shared Personal Data only for the Permitted Purpose in accordance with this Schedule, the Terms and Additional Terms and in all respects in accordance with Data Protection Laws;
5.2.1 it shall undertake processing of the Shared Personal Data only to the extent consistent with the Permitted Lawful Basis;
5.2.2 it shall not by any act or omission cause the Disclosing Party (or any other person) to be in breach of any Data Protection Laws; and
5.2.3 it shall promptly (and in any event within five Business Days) on request provide the Disclosing Party with: (a) all copies of all notices, records and information necessary to demonstrate its compliance with this Schedule; and (b) all records referred to in paragraph 10.
6. Technical and organisational measures
6.1 The Receiving Party shall at all times:
6.1.1 put in place and maintain appropriate technical and organisational measures so as to ensure the protection of the rights of Data Subjects under Data Protection Laws and as otherwise required to meet the requirements of both parties under all Data Protection Laws;
6.1.2 implement and maintain appropriate technical and organisational measures to protect the Shared Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access; and
6.1.3 without prejudice to any other obligation in this paragraph 6, implement technical and organisational security measures including, but not limited to, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.
6.2 The Receiving Party shall at all times ensure the processing of the Shared Personal Data shall be limited to the authorised personnel of the Receiving Party or of a Permitted Recipient that:
6.2.1 need to process it for the Permitted Purpose in accordance with this Agreement;
6.2.2 are reliable and adequately trained on compliance with all Data Protection Laws and this Schedule; and
6.2.3 are subject to (and comply with) a binding written contractual obligation to keep the Shared Personal Data confidential.
7. Disclosures to Permitted Recipients
7.1 The Receiving Party shall be liable to the Disclosing Party for all acts and omissions of each of the Permitted Recipients as if they were the acts and omissions of the Receiving Party. Each obligation in this Schedule on the Receiving Party to do, or refrain from doing, anything shall include an obligation on the Receiving Party to ensure all Permitted Recipients do, or refrain from doing, such thing.
7.2 The Receiving Party shall not engage nor permit any staff or third parties other than the Permitted Recipients to carry out any processing of any Shared Personal Data. The Receiving Party shall ensure at all times:
7.2.1 that all processing by Permitted Recipients is conducted in a manner consistent with the Permitted Lawful Basis, the Permitted Purpose, the Receiving Party’s obligations under this Agreement and the restrictions on processing imposed on the Receiving Party under this Agreement; and
7.2.2 without prejudice to the above, that each of the Permitted Recipients (other than the employees of a Permitted Recipient or the Receiving Party) carrying out any processing of the Shared Personal Data is subject to a binding written agreement regulating its processing of the Shared Personal Data which complies in all respects with the requirements of Data Protection Laws.
8. International transfers
The Receiving Party shall not transfer the Shared Personal Data to any country outside the United Kingdom or to any international organisation (as defined in the GDPR) without the Disclosing Party’s prior written consent.
9. Data Subject Requests, Personal Data Breaches and Complaints
9.1 The Receiving Party shall promptly (and in any event within 24 hours) notify the Disclosing Party if the Receiving Party suspects or becomes aware of any actual or threatened occurrence of any Personal Data Breach in respect of any Shared Personal Data. The Receiving Party shall promptly (and in any event within 24 hours) provide all such assistance and information as the Disclosing Party requires to report any actual or suspected Personal Data Breach to a Data Protection Supervisory Authority and to notify affected Data Subjects under Data Protection Laws.
9.2 The Receiving Party shall promptly (and, in any event, within 1 Business Day of receipt) inform the Disclosing Party if it receives any Complaint or Data Subject Request. When receiving and responding to a Data Subject Request or a Complaint the Receiving Party shall consult in advance with the Disclosing Party and promptly comply with the Disclosing Party’s reasonable instructions (if any).
9.3 Subject to the remainder of this Schedule, as between the parties, responsibility for compliance with and responding to:
9.3.1 any Data Subject Request falls on the party which first received such Data Subject Request;
9.3.2 any Complaint falls on the party which receives the Complaint from a Complainant;
9.3.3 each party’s respective obligations in respect of any Personal Data Breach (including notification of the Data Protection Supervisory Authority and/or Data Subject(s)) impacting or relating to any Shared Personal Data in the possession or control of the Receiving Party (or any third party with whom it has shared such data) falls on the Receiving Party; and
9.3.4 each party’s respective obligations in respect of any other obligation under Data Protection Laws (including any obligation to notify the Data Protection Supervisory Authority and/or Data Subject(s) of any other Personal Data Breach) falls on each party subject to such obligation(s).
9.4 Each party shall promptly co-operate with and provide reasonable assistance, information and records to the other to assist each party with their respective compliance with Data Protection Laws and in relation to all Complaints and Data Subject Requests.
9.5 The Disclosing Party’s obligations under paragraphs 9.3 and 9.4 shall be performed at the Receiving Party’s expense, except to the extent that the circumstances giving rise to such obligation arose out of any breach by the Disclosing Party of its obligations under this Agreement.
10. Records
The Receiving Party shall maintain complete, accurate and up to date written records of all of its processing of the Shared Personal Data and as necessary to demonstrate its compliance with this Schedule.
11. Retention
11.1 Except as required by applicable law the Receiving Party shall:
11.1.1 process each part of the Shared Personal Data for no longer than such processing is necessary for the Permitted Purpose and compliant with this Schedule and all Data Protection Laws and in any event cease to process each part of the Shared Personal Data on the earlier of termination or expiry of the Terms or Additional Terms; and
11.1.2 immediately confidentially, irrecoverably and securely destroy or dispose of all Shared Personal Data (and all copies) in its possession or control that can no longer be processed in accordance with paragraph 11.1.1.
12. Indemnity
12.1 The Receiving Party shall indemnify and keep indemnified the Disclosing Party against:
12.1.1 all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects (including compensation to protect goodwill and ex gratia payments), demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a Data Protection Supervisory Authority) arising out of or in connection with any breach by the Receiving Party of its obligations under this Schedule; and
12.1.2 all amounts paid or payable by the Disclosing Party to a third party which would not have been paid or payable if the Receiving Party’s breach of this Schedule had not occurred.
13. Breach
Any breach by the Receiving Party of any of its obligations under this Schedule shall be regarded as being material for the purposes of the Terms or Additional Terms.
14. Key contact
The representative within their organisation with overall internal responsibility for ensuring the respective party’s compliance with its obligations under the Schedule Agreement is their respective data protection officers. Their contact can be found in the Schedule Agreement. Each party may update details of their representative referred to in this clause 14 by notice to the other party within 30 days via mail or email.