Terms and Conditions of Use

Please take the time to read these terms and conditions (Terms). They contain important information about your rights and obligations when using SearchChildcare.org.uk. Any questions relating to these terms can be sent to support@searchchildcare.org.uk. These Terms were last updated on 18 May 2017.

 

  1. Terms and Conditions for the use of searchchildcare.org.uk

    Please take the time to read these terms and conditions (Terms). They contain important information about your rights and obligations when using www.searchchildcare.org.uk. Any questions relating to these terms can be sent to support@searchchildcare.org.uk.

    1.      INTERPRETATION

    1.1.    Definitions
    Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
    Childcare Users: shall be someone who as an individual or as a business provide a professional childcare service for payment either in their own home, the child’s home or other childcare setting registered with the country of origin’s regulatory body. Those persons also agree that they are complying with any conditions of registration and other relevant legislation.
    Contract: the contract between the Supplier and the Users for the supply of Services in accordance with these Terms.
    Control: Means a majority shareholding or the legal power to direct or cause the directions of general management and policies of the relevant party.
    Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    MyPACEY Password: This is the password you use to log into MyPACEY.
    Parent Users: shall be a parent or legal guardian who uses the Website and has the authority to agree terms of business with any childcare provider who responds to their enquiries.
    Profile Data: The data that is used to generate your SearchChildcare profile.
    Services: the services, provided by the Supplier to the Users shall be use of the Website through which we also provide access to third party Websites, products and services. In these Terms we refer to the Website and all other services as the Services.
    Supplier: Professional Association for Childcare and Early Years (“PACEY”) registered in England and Wales as a limited company with company number 02060964, and as a registered charity with charity number 295981.
    Terms: these terms and conditions as amended from time to time in accordance with clause 3.
    Users: the person or firm who uses the Website of the Supplier and shall include Childcare Users and Parent Users.
    User Content: all messages, emails, photographs, drawings, artwork, graphic, video, posts, blogs, ideas, suggestions, concepts, information including personal information or other material submitted by the Users.
    Website: www.searchchildcare.org.uk

    1.2.    The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.

    1.3.    Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

    1.4.     A reference to writing or written includes email.

    2.      SUPPLY OF SERVICES

    2.1.    The Supplier shall supply the Services to the Users.

    2.2.    The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Users in any such event.

    2.3.    The Supplier warrants to the Users that the Services will be provided using reasonable care and skill.

    3.      GENERAL

    3.1.    Searchchildcare.org.uk is the Website operated by the Supplier.

    3.2.    By using the Website the Users confirm they are over 18 years of age and confirm acceptance of these terms of use and that the Users agree to comply with them. In doing so the Parent Users agree to the terms included within Schedule 1 and the Childcare Users agree to the terms included within Schedule 2.

    3.3.    The Childcare Users and Parent Users shall be referred collectively within this agreement as the Users.

    3.4.    The Supplier recommends that the Users print a copy of these terms for future reference.

    3.5.    These terms of use refer to the following additional terms, which also apply to the Users’ use of the Website:

    3.5.1. The Supplier’s Privacy Policy, which sets out the terms on which the Supplier processes any personal data the Supplier collects from the User, or that the User provides to the Supplier. By using the Supplier Website, the User consents to such processing and the User warrants that all data provided by the User is accurate.

    3.5.2. The Supplier’s Acceptable Use Policy which sets out the permitted uses and prohibited uses of the Supplier Website. When using the Supplier Website, the User must comply with this Acceptable Use Policy.

    3.5.3. The Supplier’s Cookie Policy, which sets out information about the cookies on the Supplier Website.

    3.6.    The Supplier may amend these terms from time to time. Every time the User wishes to use the Supplier Website, the User is advised to check these terms to ensure the User understands the terms that apply at that time.

    3.7.    The Supplier may:

    3.7.1. Update and change the Website from time to time to reflect changes to the Supplier Services, the Users' needs and the Supplier’s business priorities, and/or;

    3.7.2. Suspend or withdraw the Website.

    3.8.    The Supplier does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Supplier may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. The Supplier will try to give the User reasonable notice of any suspension or withdrawal.

    3.9.    The User is responsible for ensuring that all persons who access the Website by internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    3.10.The Website is only for users in the UK and is directed to people residing in the United Kingdom. The Supplier does not represent that content available on or through the Website is appropriate for use or available in other locations.

    4.      USER ACCOUNT DETAILS

    4.1.    By registering with the Supplier, the Users are issued with a username and password which must be used in order to access certain parts of the Website. PACEY members can also register using their email address and MyPACEY password.

    4.2.    The User’s email, password and PACEY membership number are personal to the Users and are not transferable.

    4.3.    If the User chooses, or the User is provided with, a username, password and/ PACEY membership number or any other piece of information as part of the Supplier security procedures, the User must treat such information as confidential in accordance with clause 6. The User must not disclose it to any third party.

    4.4.    The Supplier has the right to disable any user identification code or password, whether chosen by the User or allocated by the Supplier, at any time, if in the Supplier’s reasonable opinion the User has failed to comply with any of the provisions of these Terms.

    4.5.    If the User knows or suspects that anyone other than the User knows their user identification code or password, the User must promptly notify the Supplier at support@searchchildcare.org.uk.

    5.      HOW THE USER MAY USE MATERIAL ON THE SUPPLIER WEBSITE

    5.1.    The Supplier is the owner or the irrevocable licensee of those intellectual property rights in the Website, and in the material published on it as it may determine from time to time. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    5.2.    The User may print off one copy, and may download extracts, of any page from the Website for personal use and the User may draw the attention of others to content posted on the Website.

    5.3.    The User must not modify the paper or digital copies of any materials the User has printed off or downloaded in any way, and the User must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    5.4.    The Supplier’s status (and that of any identified contributors) as the authors of content on the Supplier Website must always be acknowledged.

    5.5.    The User must not use any part of the content on the Supplier Website for commercial purposes without obtaining a licence to do so from us or the Supplier licensors.

    5.6.    If the User prints off, copies or downloads any part of the Website in breach of these terms of use, the User’s right to use the Website will cease immediately and the User must, at the Supplier’s option, return or destroy any copies of the materials the User has made.

    5.7.    The Website is best viewed using a minimum 512Kb broadband connection. The Users are responsible for ensuring that their computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website.

    5.8.    The Supplier cannot and do not guarantee or warrant that any materials available for downloading from the Website will be free from infection, viruses and/or other codes that have contaminating or destructive properties. The User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.

    6.      CONFIDENTIALITY AND PUBLICITY

    6.1.    Each party shall, keep confidential all, and shall not use for its own purposes nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any, information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party or any of its affiliates, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this agreement , or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information.

    6.2.    No party shall make, or permit any person to make, any public announcement concerning this agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

    7.      RELIANCE ON WEBSITE INFORMATION

    7.1.    The content on the Website is provided for general information only. It is not intended to amount to advice on which the User should rely. The User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

    7.2.    Although the Supplier makes reasonable efforts to update the information on the Website, the Supplier makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

    8.      LINKS ON THE WEBSITE

    8.1.    Where the Website contains links to other Websites and resources provided by third parties, these links are provided for User’s information only. Such links should not be interpreted as approval by the Supplier of those linked the Website or information the User may obtain from them.

    8.2.    The Supplier has no control over the contents of those Websites or resources.

    9.      USER-GENERATED CONTENT

    9.1.    User-generated content is not approved by the Supplier.

    9.2.    Profile Data and certain other information about the Users is subject to the Supplier’s Privacy Policy. For more information, please see our full Privacy Policy here.

    9.3.    The Users certify that they own or have the right to submit User Content to the Supplier for publication on the Website.

    9.4.    The Users shall ensure that all User Content submitted is legal, honest, decent and truthful and complies with all applicable laws, regulations, standards and/or codes of practice.

    9.5.    Where any User Content relates to a minor, the Users certify that they are the parent or legal guardian of the minor or are a childcare provider appointed to care for the minor with the express written consent of the parent or legal guardian, the Users agree on behalf of the minor to grant the licence in clause 9.9 without any payment arising from the Supplier to either the Users or the minor (unless expressly agreed by us in writing).

    9.6.    The Users certify to the Supplier that all User Content submitted to the Supplier by the Users does not infringe the intellectual property rights, privacy or confidentiality of any third party, and is not obscene, abusive, threatening, libelous or defamatory of any person or otherwise unlawful.

    9.7.    The Users shall ensure that the User Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services. Messages sent to childcare providers through the Services must not advertise or solicit for goods, services or fund and must only be sent for the purpose of seeking childcare or sharing delivery of childcare or training between childcare providers registered with the Services. Any advertising by childcare providers registered to use the Services must be restricted to the Profile Data including current vacancies.

    9.8.    The Supplier does not monitor all User Content but retains the right to do so and may at any time edit, reject or remove User Content if it believes it does not comply with its Terms. In particular the Supplier reserves the right to block incoming User Content if it believes it contravenes these Terms.

    9.9.    The Users grant the Supplier 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 the Users submit to the Supplier. The Users have sole responsibility for the User Content which they submit to the Supplier and this means the Users and not the Supplier, are entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via The Services.

    9.10.The Users agree that the Supplier has no obligation to use or store any User Content submitted by the Users and it is the Users’ responsibility to keep a backup copy of such User Content.

    9.11.The Users shall indemnify and shall keep us, or our subsidiaries, affiliates, officers, agents, 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 the Supplier and arising or indirectly out of the use of User Content submitted by the Users to us.

    9.12.The Users agree that they will not use the Services for any purpose that is illegal or prohibited by these Terms, including without limitation the posting or transmitting of libelous, defamatory, inflammatory or obscene material. If the Users breach these Terms then the Supplier may immediately terminate their permission or use this Website without notice to the Users. The Supplier retains the right to deny access to any person who fails to comply with these Terms and, where necessary, to pass on material to the necessary authorities.

    9.13.By registering with the Supplier, the Users are permitting the Supplier to email the Users from time to time (a frequency not exceeding more than once a week except in exceptional circumstances) with information on content additions; modifications to the Services as well as other PACEY products and services. If the Users would prefer not to receive future emails, the Users may use the “unsubscribe” link provided in the email. Unsubscribing in this way will ensure the Users no longer receive such emails but can continue their registration with us. However the Supplier retain the right even if the Users unsubscribe in this way to send the Users critical communications relating to the safety, security or administration of their registration. The Users will not be permitted to opt-out from receiving such emails without cancelling their registration. The Users can cancel their registration by emailing support@searchchildcare.org.uk.

    9.14.The Users agree that if the Supplier (or our third parties) incorporate User Content within any new work, that the Supplier own the copyright in that new work.

    9.15.The Users agree that the Supplier do not need to acknowledge the Users as the author of the User Content, although the Supplier may choose to do so, and waive any right to approve or inspect the Supplier’s use of the Content. The Users are aware that the Supplier is under no obligation to use or display the Content.

    9.16.Unless the Users are authorised by the Supplier, they cannot use SearchChildcare’s name and branding (or our full company name or its acronym PACEY) in any way within their email address or as part of a screen name. This is because it can give the impression that a message or post is from someone speaking on the Supplier’s behalf when this is not the case.

    9.17.This Website may include information and materials uploaded by other Users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by the Supplier. The views expressed by other Users on the Website do not represent the Supplier’s views or values.

    9.18.If the User wishes to complain about information and materials uploaded by other Users, they are advised to contact support@searchchildcare.org.uk.

    10. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED

    10.1.Whether the User is a consumer or a business user: The Supplier does not exclude or limit in any way its liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by the Supplier’s negligence or the negligence of the Supplier’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    10.2.If the User is a business user: The Supplier excludes all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it. The Supplier will not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    10.2.1.     use of, or inability to use, the Website; or

    10.2.2.     use of or reliance on any content displayed on the Website.

    10.2.3.     in particular, the Supplier will not be liable for:

    10.2.4.     loss of profits, sales, business, or revenue;

    10.2.5.     business interruption;

    10.2.6.    loss of anticipated savings;

    10.2.7.    loss of use or corruption of software, data or information;

    10.2.8.    loss of business opportunity, goodwill or reputation; or

    10.2.9.    any indirect or consequential loss or damage.

    10.3.If the User is a consumer user: Please note that the Supplier only provides the Website for domestic and private use. The User agrees not to use the Website for any commercial or business purposes, and the Suppliers have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    10.4.As a condition of using this Website, you agree to indemnify us, and keep us indemnified, against all liabilities, claims, losses, costs, damages and expenses including legal fees incurred by us should you breach any of these Terms.

    11. UPLOADING CONTENT TO THE WEBSITE

    11.1.Whenever the User makes use of a feature that allows the User to upload content to the Website, or to make contact with other users of the Website, the User must comply with the content standards set out in the Supplier Acceptable Use Policy

    11.2.The User warrants that any such contribution does comply with those standards, and the User will be liable to the Supplier and indemnify the Supplier for any breach of that warranty. This means the User will be responsible for any loss or damage the Supplier suffers as a result of breach of warranty.

    11.3.Any content the User upload to the Website will be considered non-confidential and non-proprietary. The User retains all of his ownership rights in the content, but the User is required to grant the Supplier and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights the User license to the Supplier are described in Submitting content to PACEY.

    11.4.The Supplier also has the right to disclose the Users’ identity to any third party who is claiming that any content posted or uploaded by the User to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

    11.5.The Supplier has the right to remove any posting the User makes on the Website if, in the Supplier’s opinion, the post does not comply with the content standards set out in the Supplier Acceptable Use Policy

    11.6.The User is solely responsible for securing and backing up their content

    12. RIGHTS THE USER IS GIVING THE SUPPLIER TO USE MATERIAL THE USER UPLOADS

    12.1.When the User uploads or posts content to the Website, the User grants the Supplier the rights to use that content.

    13. THE SUPPLIER IS NOT RESPONSIBLE FOR VIRUSES AND THE USER MUST NOT INTRODUCE THEM

    13.1.The Supplier does not guarantee that the Website will be secure or free from bugs or viruses.

    13.2.The User is responsible for configuring their information technology, computer programs and platform to access the Website. The User should use their own virus protection software.

    13.3.The User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. The User must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, the User would commit a criminal offence under the Computer Misuse Act 1990. The Supplier will report any such breach to the relevant law enforcement authorities and the Supplier will cooperate with those authorities by disclosing the Users identity to them. In the event of such a breach, the Users right to use the Supplier Website will cease immediately.

    14. RULES ABOUT LINKING TO THE SUPPLIER WEBSITE

    14.1.The User may link to the Supplier home page, provided the User does so in a way that is fair and legal and does not damage the Supplier reputation or take advantage of it.

    14.2.The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Supplier part where none exists.

    14.3.The User must not establish a link to the Website in any other Website that is not owned by the User.

    14.4.The Website must not be framed on any other Website, nor may the User create a link to any part of the Supplier Website other than the home page or the User’s profile page.

    14.5.The Supplier reserves the right to withdraw linking permission without notice.

    14.6.The Website in which the User is linking must comply in all respects with the content standards set out in the Supplier Acceptable Use Policy

    14.7.If the User wishes to link to or make any use of content on the Website other than that set out above, please contact support@searchchildcare.org.uk.

    15. INTELLECTUAL PROPERTY RIGHTS

    15.1.The Users acknowledge that all Intellectual Property Rights in the products, corporate, trade or business names and all logos mentioned in the Website are the trademarks, service marks or trade names of their respective owners, including the Supplier.

    15.2.The Users must settle any claim or action brought against them or the Supplier, alleging that the possession or use of the Website (or any part thereof) in accordance with the terms of this Contract infringes the UK Intellectual Property Rights of a third party (Claim) and shall be responsible for any losses, damages, costs (including legal fees) and expenses incurred by or awarded against them as a result of or in connection with any such Claim.

    15.3.If any Claim is made, or in the Supplier’s reasonable opinion is likely to be made, against the Users, the Supplier may at its sole option:

    15.3.1.    procure for the Users the right to continue to use the Website (or any part thereof) in accordance with the terms of this Contract;

    15.3.2.    modify the Website so that it ceases to be infringing;

    15.3.3.    replace the Website with non-infringing information.

    16. TERMINATION

    16.1.Without limiting its other rights or remedies, the Supplier may, in its sole discretion, terminate the User’s registration, including their password, account (or any part thereof), access or use of Services.

    16.2.The Users agree that the Supplier shall not be liable to the Users or any third party for any termination of access to the Services. This includes but is not limited to:

    16.2.1.    hiding Profile Data from public view if the Supplier has asked the Users to update it but this was not done so within a specific period of time, and;

    16.2.2.    deleting Profile Data and any related secure messages if the Users have not updated their Profile Data for at least six months.

    16.3.Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

    16.3.1.    the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within seven days of that party being notified in writing to do so;

    16.3.2.    the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

    16.3.3.    the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

    16.3.4.    the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

    16.3.5.    Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Users if:

    16.3.5.1.           the Users fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment, or;

    16.3.5.2.           there is a change of Control of the Users.

    16.4.Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Users and the Supplier if the Users become subject to any of the events listed in clause 16.3.1 to clause 16.3.3 or the Supplier reasonably believes that the Users are about to become subject to any of them, or if the Users fail to pay any amount due under this Contract on the due date for payment.

    17. CONSEQUENCES OF TERMINATION

    17.1.On termination of the Contract for any reason:

    17.1.1.    the Users shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Users immediately on receipt;

    17.1.2.    the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

    17.1.3.    clauses which expressly or by implication survive termination shall continue in full force and effect.

    18. ENTIRE AGREEMENT

    18.1.This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    18.2.Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

    19. VARIATION

    19.1.No variation of the Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

    20. WAIVER

    20.1.A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

    20.1.1.    waive that or any other right or remedy, or;

    20.1.2.    prevent or restrict the further exercise of that or any other right or remedy.

    21. SEVERANCE

    21.1.If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

    22. NOTICES

    22.1.Any notice or other communication given to a party under or in connection with the Terms shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.

    22.2.A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address SearchChildcare, PACEY, Third Floor, Northside House, 69 Tweedy Road, Bromley, Kent BR1 3WA; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.

    22.3.The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

    23. THIRD PARTIES

    23.1.No one other than a party to the Terms shall have any right to enforce any of its terms and conditions.

    23.2.The Supplier may display products/services of third party suppliers on the Website so that the Users have the opportunity to buy goods and services from those third party suppliers through the Supplier’s Website.

    23.3.The User’s correspondence and business dealings with, or participation in promotions of, third party advertises 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 the Users and such third party advertiser or supplier.

    23.4.The Supplier can accept no liability for any goods or services provided by third parties.

    23.5.Any goods or services which are not stated to be provided by the Supplier are provided by third parties.

    23.6.Third parties supplying any goods or services will be supplying on their own terms and conditions and the Users should check that they agree to the third party terms and conditions before placing an order.

    24. GOVERNING LAW

    24.1.The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

    25. JURISDICTION

    25.1.Each User irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation.

     

    Schedule 1 – Parents’ Registration Obligations

    By registering with SearchChildcare as a parent or legal guardian using the online registration form (the Registration Form), you agree that you have the authority to agree terms of business with any childcare provider who responds to your enquiries.
    You agree that we provide a brokerage service that introduces you to prospective childcare providers who may meet your needs and that you will be responsible for ensuring the childcare provider meets your requirements. Neither SearchChildcare nor PACEY is responsible for any arrangements made between parents, providers and/or third parties.
    As part of this you will check a provider’s qualifications, identity, certification, registration, insurance and experience to provide the service you are purchasing from them. This includes ensuring that the provider has the necessary policies and procedures in place to ensure your child’s safety and wellbeing whilst in their care. You can access advice on how to do this at www.pacey.org.uk
    Furthermore you agree to (a) provide true, accurate, current and complete information about yourself and your childcare requirements, as prompted by the Registration Form (such information being your Profile Data) and (b) where necessary, maintain and promptly update your Profile Data to ensure it remains 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 registration and refuse you access to any and all current not future use of all or any part of the Services.
    By registering with us, you are confirming you are a parent and someone who is looking to secure a childcare service to care for their child or children. Under Section 576 of the Education Act 1996, the term “parent” includes any person who is not a parent of the child, but has parental responsibility or who cares for him or her. According to the Children Act 1989, “parental responsibility” means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
       

    Schedule 2 – Childcare Provider Registration Obligations

    By registering with SearchChildcare as a childcare provider using the on-line registration form (the Registration Form), you agree you are someone who as an individual or as a business provide a professional childcare service for payment either in your own home, the child’s home or other childcare setting registered with your country of origin’s regulatory body. You also agree you are complying with any conditions of registration and other relevant legislation.
    Furthermore you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Registration Form (such information being your “Profile Data”) and (b) maintain and promptly update the Profile Data to ensure it remains 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 registration and refuse you access to any and all current not future use of all or any part of the Services.
    By using the Services to connect with other childcare providers registered on our Website to identify opportunities to improve your business e.g. through shared training or service delivery, you assume total responsibility and risk for any such arrangement.
    In order to register, you must be one of the following childcare categories:
    Registered childminder – by which you agree you are registered either with Ofsted (in England) or CSSIW (in Wales); hold a current paediatric first aid certificate; have up to date appropriate insurance cover and a clear enhanced DBS check.
    Nanny – by which you agree you are either registered as a nanny on Ofsted’s voluntary register (in England) or on CSSIW’s Childcare Approval Scheme (in Wales); or hold a current paediatric first aid certificate; have up to date appropriate insurance cover and a clear enhanced DBS check.
    Childcare on domestic premises - by which you agree you are the owner or manager of the premises, with authority to register with the Services; your childcare provision is registered either with Ofsted (in England) or CSSIW (in Wales); holds current required paediatric first aid certification; has up to date appropriate insurance cover and all staff have cleared enhanced DBS checks. Please note that, to support parental understanding of your provision, you will be able to register for our Services either as a nursery or childminder.
    Childcare on non-domestic premises - by which you agree you are the owner or manager of the premises, with authority to register with the Services; your childcare provision is registered either with Ofsted (in England) or CSSIW (in Wales); holds current required paediatric first aid certification; have up to date appropriate insurance cover and all staff have cleared enhanced DBS check. Please note that, to support parental understanding of your provision, you will be able to register for our Services as a nursery.
     

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.searchchildcare.org.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.searchchildcare.org.uk is a site operated by Professional Association for Childcare and Early Years (“PACEY”) (we or us). We are registered in England and Wales under company number 02060964 and as a registered charity with charity number 295981, and we have our registered office at Northside House (Third Floor), 69 Tweedy Road, Bromley, BR1 3WA. Our details are below:

Also known as

PACEY

Charity number

295981

Company number

2060964

FCA number

310339

VAT number

691172038

Name until March 2013

National Childminding Association (NCMA)

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
  • The materials on this Website are displayed solely for the purposes of promoting PACEY in England and Wales. If you access the Website from outside England or Wales or place orders for delivery to locations outside of England & Wales, you are responsible for compliance with local laws, if and to the extent they apply.


INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • (interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

 

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

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