Terms & Conditions

BACKGROUND

This agreement applies between you, the Parent and the Childcare Providers, hereinafter also referred to as “the User” and StarChildcare, hereinafter referred to as “the Company” the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your registration for the use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. These Terms and Conditions are also deemed to have been accepted by Visitors to the Website. The User understands that they have no authority to enter into any agreement on behalf of the Company.

StarChildcare, hereinafter referred to as the “Company”, incorporated in England and Wales as STARCC Limited registration number 11041739.

The Company is an online service offering the most simple and effective way of putting parents in touch with their local childcare providers. Parents and childcare providers can search our national database using the Company search engine to find their nearest match. Any contract entered into by a Parent or/and Childcare Provider as a result of networking through the website will be between the Parent and Childcare Provider. StarChiidcare does not act as an agent. The Company will not be party to any contractual arrangement and shall incur no liability. The Company do not verify any services, documentation or information provided by The Users; it is the responsibility of the Parent and the Childcare Provider to ensure validation of any statements or qualifications and mutual agreement of any contractual terms.

1.Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Website

Means www.starchildcare.co.uk owned by STARCC Limited.

Account

Means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site

Learning Establishment

Means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers

User/Users

Means any third party that accesses the Website and services of The Company either a Childcare Provider or a Parent and is not employed by The Company and acting in the course of their employment

Parent

Means any person over the age of 18 competent to understand, agree and comply with these Terms and Conditions.

Childcare Provider

means any person over the age of 18 or any person who possesses either parental or guardian consent in offering childcare services to the Parent and is competent in understanding, agreeing and complying with these Terms and Conditions and agrees to comply with all relevant legislation and regulations regarding childcare services including possession of required qualifications, licences and registrations.

Service

Means collectively any online facilities, tools, services or information that The Company makes available through the Website either now or in the future

System

Means any online communications infrastructure that The Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links

2. Intellectual Property

2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions , all Content and material included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. The User agrees not to remove, modify, alter or use any registered or unregistered marks/logos owned by the Company, including but not limited to the mark "StarChildcare®" and indulging in activities which may result in taking unfair advantage of the reputation and goodwill of the Website or the Company and could be considered an infringement of any of the intellectual property rights owned and/or licensed to the Company.

2.2 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3.Use of Content

You may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal, commercial or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by The Company. Specifically you agree that:

3.1 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.

3.2 you may not as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes and:

3.3 employees of Learning Establishments may not use the Free Content of the Website for teaching purposes.

3.4 The Company grants you a licence to access all user profiles and to use the private messaging system contained on the Website for the duration of your subscription. You may use such Content in the following ways:

3.4.1 for personal purposes

3.4.2 under such a licence, you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by The Company

3.4.3 the User agrees not to use the Website for commercial purposes and any information disclosed by the Company must be used for personal use only

3.4.4 as a User of this Website you may not use the Content of the Website for employment purposes including and not limited to agencies or any other form of recruitment. Breach of this condition will result in immediate termination of your Account. If you are an organisation, a company and/or a business you may not register with the Website or Use it for any purpose.

4.Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to third parties including advertisements from other internet websites. Unless expressly stated to be so, all such Content is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site. The Company are not responsible or liable for any inaccuracies or suitability of the Content provided by these third parties. The User agrees that The Company accepts no responsibility whatsoever for any personal injury, loss, damage, expense or compensation suffered or incurred arising directly or indirectly for an act or omission of negligence from the Content provided by third party websites. The Company is unable to guarantee the accuracy of any information or statement or reference provided by the third party websites and their content. All content, logos and trademarks on third party websites remain their exclusive intellectual property and the User agrees to abide by the Terms and Conditions set out by these third parties.

5.Links to Other Websites/h3>

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to third parties including advertisements from other internet websites. Unless expressly stated to be so, all such Content is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site. The Company are not responsible or liable for any inaccuracies or suitability of the Content provided by these third parties. The User agrees that The Company accepts no responsibility whatsoever for any personal injury, loss, damage, expense or compensation suffered or incurred arising directly or indirectly for an act or omission of negligence from the Content provided by third party websites. The Company is unable to guarantee the accuracy of any information or statement or reference provided by the third party websites and their content. All content, logos and trademarks on third party websites remain their exclusive intellectual property and the User agrees to abide by the Terms and Conditions set out by these third parties.

6.Links to this Web Site

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.starchildcare.co.uk without prior permission. The User agrees to link any pages in a legal and respectable way that will not cause any reputable damage to The Company and must not suggest The Company has approved the link. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Company. To find out more please contact us by email at info@starchildcare.co.uk

7. Acceptable Use of Communications Facilities

7.1 when using the private messaging facility and / or any other System on the Website you should do so in accordance with the following rules:

7.1.1 the User agrees that initial communication with another User will solely be through the Company’s private messaging system. The Company is not responsible for the Content of these private messages.

7.1.2 you must not use obscene or vulgar language, pornographic or sexually explicit material of any kind

7.1.3 you must not submit Content that is unlawful in any established jurisdiction or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, discriminatory, ageist, sexist or racist

7.1.4 no Content that is intended to promote or incite violence or graphic violence

7.1.5 it is advised that posts on message boards, chat facilities, email messages, or similar and communications with The Company are made using the English language as we may be unable to respond to enquiries

7.1.6 you must not post links to other websites containing any of the above types of Content

7.1.7 the means by which you identify yourself must not violate these terms of use or any applicable laws or copyright works

7.1.8 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental

7.1.9 you must not impersonate other people, particularly employees and representatives of The Company or our affiliates or mislead other Users with inaccurate or misleading information

7.1.10 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail” or interfere with our network security or attempt to use the Website for fraudulent, criminal or for unauthorised activities which may result in the User accessing another computer system or violating someone else's privacy or providing or creating computer viruses

7.1.11 the User agrees not to copy, access, damage, interfere, scan or disassemble any software or hardware used by the Company which may result in the violation of its system or network security.

7.1.12 you acknowledge that The Company and its employees reserves the right to monitor any and all communications made to us or using our System including the Company’s private messaging system.

7.1.13 you give your consent to the Company to amend, use, translate, or to circulate information provided by you the User for any use.

7.1.14 The User agrees not to contravene any national or international legislation which breaches accepted internet protocol.

7.1.15 The User agrees that all communication from The Company will be made electronically and not in writing.

8.Accounts

8.1 In order to access Content on this Website and to use any forums, chats or similar facilities you are required to register an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:

8.1.1 All information you submit is accurate and truthful and all compulsory fields contained in the registration form are completed.

8.1.2 You will keep this information accurate and up-to-date.

8.1.3 Your creation of an Account is further affirmation of your representation and warranty.

8.1.4 The Company and The Users agree that neither parties have any remedies of any representation or warranty that is not contained within these Terms and Conditions except for a breach of contract.

8.1.5 You accept that the Company does not sanction, approve or validate any information provided by the User or contained in their profile. Nor will the Company validate the identity or accuracy of the information by the User including and not limited to personal details, qualifications, references, DBS checks, education, training and experience.

8.1.6 Sharing of accounts is not permitted unless expressly authorised in writing by The Company and you agree not to authorise any other person to use your membership. This will result in termination of your account. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you suspect that an unauthorised person has accessed your account or you are aware of a security breach, you must notify us immediately.

8.1.7 The User agrees not to solicit passwords or personally identifying information from other Users for commercial or unlawful purposes.

8.1.8 When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

8.1.9 The Company reserves the right to review and edit your account, including your profile to ensure appropriate use of the website by the User.

8.1.10 The User agrees to subscribe to the Company’s newsletter and any other publication or mail. The User is entitled to unsubscribe by opting to discontinue receiving these updates via the Website.

8.1.11 The User agrees not to undertake any direct or indirect activity which may result in the promotion of similar or competitive Websites or otherwise of a personal or commercial nature whilst holding an Account with the Company or within one year of its termination.

9.Termination

9.1 Either The Company or you may terminate your account (please see your ‘Right to Cancel’ within the cooling off period in clause 10 below). If The Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

9.2 Terms of breach may include and are not limited to, any clauses contained within these Terms and Conditions, providing us with false, misleading or incorrect personal information, a request of disclosure from a regulatory body or law enforcement agency.

9.3 If The Company terminates your account, you will cease to have access to Content from the date of termination.

9.4 The Company reserves the right to undertake any legal proceedings including civil proceedings in cases whereby the User is liable for direct in indirect damages as a result of any misconduct or illegal activity or breach of these Terms and Conditions.

10.Right to cancel

10.1 You have the right to cancel this contract within 14 days without reason by emailing StarChildcare at info@starchildcare.co.uk. You must clearly state that you wish to cancel the contract.

10.2 After the 14 days the cancellation (‘cooling off’ period) will expire.

10.3 If you cancel this contract, StarChildcare will reimburse you any payment received unless you have requested us to begin the performance of services during the cancellation period.

10.4 Reimbursement will be made within 14 days of receipt of the notification to cancel.

10.5 We will make every effort to reimburse you through the same payment method you made payment with.

10.6 If the performance of services has begun during the cancellation period, you shall be expected to pay StarChildcare an amount which is in proportion to what has been performed until you have communicated in writing your cancellation of this contract in comparison with the full coverage of the contract.

11. Privacy and Data Protection Policy

11.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. The Privacy Policy can be viewed on the Company’s Website.

11.2 The Company agrees to protect the User’s confidentiality and privacy and the information the Users provide to the Website.

11.3 The Company is the data controller of the User’s data submitted using the Website. The Company is registered under the Data Protection Act 1998 (DPA) and the Company complies with the DPA in all our dealings with the User’s personal data.

11.4 The User consents to the Company processing your personal data when using the Website, to the extent necessary to facilitate online introductions and to enable the Company to operate the Website for the purposes for which it is reasonably intended to be operated.

11.5 The Company reserves the right to gather and disclose information relating to use of the Website to third parties. The User thereby consents to the collection and use of this information by using the Website. The Company reserves the right to disclose the identity of The User if The Company suspect or is informed by a third party that The User has used inappropriate material or has breached intellectual property rights.

12. Disclaimers

12.1 The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

12.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, The Company makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

12.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

12.4 Commercial use of the information on this Website is NOT permitted, and The Company makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

12.5 Whilst every effort has been made to ensure that all descriptions of services available from The Company correspond to the actual services available, The Company is not responsible for any variations from these descriptions nor is the Company under any obligation to verify and approve any information provided by the User. Please use caution and common sense when using the Website and ensure you have reviewed the safety guidelines contained here:

13. Availability of the Website

13.1 The Company will endeavour to make the Website continuously available however the Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

13.2 The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

14. Limitation of Liability

14.1 Nothing in these Terms and Conditions shall limit or exclude the User and The Company’s liability for death or personal injury resulting from the User or the Company’s negligence or any liability for fraudulent misrepresentation.

14.2 Subject to clause 14.1, The Company’s maximum aggregate liability to the User under, arising from or in connection with these Terms and Conditions, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a User’s monthly subscription charge.

14.3 Users should be aware that they use the Website, its Content and any interaction thereafter is at their own risk.

14.4 You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor any dispute between you and another User.

14.5 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

14.6 Under no circumstances shall The Company be liable for any inaccuracies or incorrect Content or of a defamatory or illegal nature made available on the Website provided by either the User or The Company.

14.7 In the event that a claim or action is brought against the Company arising from the User’s activities or Use of the Website, including any breach by the User of these Terms and Conditions or any charges or complaints made by other parties against the User, the User agrees to pay, hold harmless and defend the Company in the claim or action. The User also agrees to cooperate as fully as reasonably required in the defence of any claim and allow the Company to assume the exclusive defence and control of the matter.

14.8 The Company will not be held responsible for any damage or loss resulting from a computer virus or cyber attack as a result of downloading material provided on the Website.

15. Indemnity

The User agrees to indemnify The Company and/or any of its employees or affiliates fully and effectively indemnified from and against all debts, liabilities, obligations, actions, losses, costs, damages, proceedings, claims and demands or any legal action of any nature which The Company may suffer as a result of a breach of these Terms and Conditions . The Company is also indemnified of any information provided by the User, any violation or misuse of these Terms and Conditions or any criminal conduct, violation of any third party right, any use of offensive, aggressive or hostile material.

16. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18. Changes to these Terms and Conditions

The Company reserves the right to:

18.1 Change all or any part of these Terms and Conditions contained herein

18.2 Alter or amend or remove any elements of the website including and not limited to its design, features, content or layout.

18.3 The User will be subject to any amendments or updates made to these Terms and Conditions. Notice will be given to all Users of any changes.

19. Notices

All notices / communications shall be sent by email to info@starchildcare.co.uk Such notice will be deemed if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Notice to Users will be by the email addresses provided on personal profiles.

20. Law and Jurisdiction

20.1 These Terms and Conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Law of England and Wales and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

20.2 The User shall comply with all U.K. laws and regulations which apply to the User’s Use of the Website from whatever country the User is physically located including without limitation, consumer law, export control laws and regulations.

21. Miscellaneous

21.1 The Company shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms and Conditions if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of the Company. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.

21.2 Failure by the Company or the User to enforce these Terms and Conditions does not constitute a waiver of such right.

21.3 If any part of these Terms and Conditions is held unenforceable or void in any jurisdiction, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms and Conditions shall continue in full force and effect.

21.4 Any information and material provided on the Website is for guidance purposes. The Company accepts no responsibility for the content.