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Terms & Conditions
|Click here to download these terms & conditions: 2015 The Childminding Café Terms and Conditions|
1.1. References in these Terms and Conditions to “The Childminding Café”, “TCC”, “we” “us” or “our” are references to The Childminding Café – Owned by Donna Foster. The terms “you” and “your” are references to visitors to the Website and/or the Services (each as defined below) from time to time.
1.2. These Terms and Conditions govern access to and use of the following website: www.thechildmindingcafe.co.uk or any subsequent URL used by TCC from time to time (Website) and also the terms that will apply if you become a Member (as provided in Part B). No additions to or modifications of these Terms and Conditions shall be effective unless accepted by us in writing. TCC may modify these Terms and Conditions by posting an updated copy of them on the Website from time to time. By continuing to use the Website or using the Services you agree to the amended Terms and Conditions.
1.4. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.5. Without limiting these Terms and Conditions, you agree to comply with all applicable laws regarding access to and use of the Website, the transmission of data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.
1.6. As a user you are granted the following limited licences on the following terms:
1.6.1. You may view, download for caching purposes only, and print pages from the Website, subject to the restrictions set out below and elsewhere in these Terms and Conditions; and
1.6.2. This limited licence terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon any termination of this limited licence, you agree to immediately cease using the Website and/or the Service.
1.7. You must not:
1.7.1. Republish material from the Website (including republication on another website);
1.7.2. Sell, rent or sub-license material from the Website;
1.7.3. Show any material from the Website in public;
1.7.4. Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
1.7.5. Modify, alter, edit or enhance any material on the Website; or
1.7.6. Redistribute material from the Website except for content specifically and expressly made available for redistribution.
1.8. Where content other than your User Material is expressly made available by us for redistribution, it may only be redistributed within your organisation in the manner and to the extent stated by us from time to time (including when we authorise the redistribution).
1.9. You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this section.
1.10.TCC has the right to terminate your access to the Website and/or use of any Services (in whole or in part) at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. TCC may also at any time, at its sole discretion, discontinue the Website (or any part thereof) and/or the provision of any Services (or any part thereof) without prior notice and shall not be liable to you or any third party for any termination of your access to the Website or any Services.
2.1. The services which TCC provides, through the Website and subject to these Terms and Conditions are as follows:
2.1.1. free-of-charge services; which allow users to browse the Website and download free resources upon emailed request (such services, Guest Services); and
2.1.2. paid-for services; which allow Members to browse the Website, download all resources, read and comment on the blog and interact in the Coaching Q&A (such services, Member Services),
(the Guest Services and the Member Services, together, the Services). We may add other features and services from time to time and the level of access to these new features may vary depending on whether the user is a Member or not. More information on the Services is set out in Part B.
2.2. A reference to a Service on the Website does not imply that such Service is, or will be, available to you or in your jurisdiction in whole or in part.
2.3. Casual users may use the Guest Services without registering an account (Account) as a Member under Part B and such users may also register as Members in the manner provided in Part B.
2.4. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
3.1. The Website may include links to third party websites that are controlled and maintained by others. Accordingly, TCC cannot accept any responsibility for the materials or offers for services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that TCC is not responsible for the content or availability of any such sites.
3.2. Please note that any goods or services supplied or made available through websites which are linked to the Website are supplied by third parties and not by TCC (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold TCC liable for any loss or damage of any kind incurred as the result of any such dealings.
4.1. The nature of internet communications means that the Website may be susceptible to data corruption, interception, non-availability and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work.
4.2. You understand that TCC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services.
4.3. You agree that TCC has no obligation to provide support for the Website.
4.4. You understand that the technical processing and transmission of the Website and the Services, including User Material, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.5. User Material (whether your own or other users) has been created and uploaded by people over whom TCC exercises no control. The User Material is uploaded in an automated manner and TCC does not screen the User Material. TCC assumes no responsibility for the content of any User Material. User Material may only be uploaded by Members.
4.6. Use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. TCC makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
4.7. Without limiting clause 4.6 of this Part A, TCC does not warrant that (a) the Website or the Services will meet your specific requirements, (b) the Website or the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Website or the Services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations, and (e) any errors in the Website or the Services will be corrected.
4.8. To the extent permitted by law, TCC, its directors, employees or other representatives, will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your use of the Services or the Website or your review of any User Material or any other content on the Website, whether caused by negligence or otherwise.
4.9. If you are dissatisfied with the Website or any content or materials in it, your sole exclusive remedy is to discontinue your use of it.
4.10. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Terms and Conditions.
4.11. No warranties, representations or undertakings are given or implied by or on behalf of TCC in relation to any User Material or any other content on the Website including, without limitation, any material listed on, contained in or referred to on the Website. All User Material and all information, descriptions, photographs and similar listed on, contained in or referred to on the Website is a statement by the user that uploaded the User Material and not a statement by TCC.
4.13. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
4.14. Each user agrees and confirms that no claim may be brought by it against TCC arising out of or in connection with any inaccuracy in any information comprising part of the Services arising as a result of any untruth, inaccuracy or incompleteness of the Service or any User Material.
4.15. Without limitation to any other rights TCC may have, each user agrees to indemnify and hold TCC harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) suffered or incurred by TCC, or an affiliate of TCC, in consequence of any User Material supplied by or on behalf of such user or arising out of a breach of clause 4 of Part B.
4.16. To the fullest extent permitted by applicable law, the maximum aggregate liability of TCC to any users for anything relating to or connected to the Website or the Services is the amount of money (if any) received by TCC as Charges or otherwise under this Website from such user. For Members this shall be calculated as an amount equal to the pro rata cost of one month of Services paid by the relevant Paid Member to TCC calculated by reference to its last payment to TCC.
5.1. You agree that any unauthorised use of our Website, the Services and/or any related materials as a result of your negligent act or omission would result in irreparable injury to TCC
5.2. No particulars, statements or descriptions, in whatever form provided by TCC concerning the Services, nor any verbal representations by any agent, employee or representative of TCC, shall form part of the Terms and Conditions or be treated as constituting a representation on the part of TCC.
5.3. Whilst TCC endeavours to tell you about changes to Services, TCC is entitled to modify or discontinue the provision of Services (or any of them) at any time without notifying you.
5.4. Without limitation to any other rights TCC may have, you agree to indemnify and hold TCC harmless from and against any breach by you of these Terms and Conditions, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by TCC, or an affiliate of TCC, in consequence of your breach of these Terms and Conditions.
5.5. You must not transmit any worms or viruses or any code of a destructive nature.
5.6. You agree not to upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
5.7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any TCC customer, employee, member, or officer will result in immediate account termination.
5.8. If your bandwidth usage exceeds [300 MB/month], or significantly exceeds the average bandwidth usage (as determined solely by TCC) of other users or Members, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
6.1. Subject to clause 6.2 of this Part A and other than in the case of User Material which can be accessed through a public URL, the user will treat as strictly confidential (a) all information received or obtained as a result of accessing the Website, receiving the Services or otherwise relating to TCC, (b) the subject matter and provisions of the Website and these Terms and Conditions, and (c) any negotiations between the parties.
6.2. The user may disclose information which would otherwise be confidential, if and to the extent, (a) where such disclosure is by a Member to other Members and is made on the Website, (b) required by law, (c) the information has come into the public domain through no fault of the user, or (d) TCC has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with TCC.
7.1. The user shall not commit any act which causes or may cause damage or loss to the reputation of TCC or harm the trademarks “The Childminding Café”, the cup logo associated with the trademark “The Childminding Café”; any associated trademarks or any other trademarks owned by TCC or an affiliate of TCC (Trademarks).
7.2. The user shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the Services and belonging to or developed by or for TCC, and shall indemnify TCC for any loss or damage which may be suffered by TCC, or an affiliate of TCC, as a result of any breach of any undertaking contained in this clause.
7.3. TCC or our licensors own the domain names for the Website and all intellectual property rights in the Website and the material on the Website. Such material may include, but shall not be limited to, compiled files, text, text elements, logos, buttons, images, icons, source code, site design, structure, layout and distribution, including the “look and feel” of the Website or any part of it as well as the selection, assembly and arrangement thereof and any analysis TCC may make of any such material or data). Subject to the limited licence rights contained in clause 1.7 of this Part A, all these intellectual property rights are reserved.
7.4. You must not modify, adapt or hack the Website or the Services or modify another website so as to falsely imply that it is associated with the Website, the Services, TCC, or any other TCC service.
7.5. Other than where you are downloading or printing your own User Material as a Member, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Services, use of the Service, or access to the Website or the Services without the express written permission by TCC.
7.6. TCC supplied content may not be resold, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of TCC. You may be liable for prosecution if you share or distribute such content to another person.
8.1. The user may not assign any of its rights under these Terms and Conditions without the prior written consent of TCC and no variation of the Terms and Conditions is effective unless agreed in writing by TCC.
8.2. TCC may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and Conditions to a competent third party.
8.3. If any provision of the Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
8.4. Neither the failure to exercise nor any delay in exercising any right under the Terms and Conditions shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.
8.6. Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a partnership between TCC and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.
8.7. No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions provided that all rights of TCC under these Terms and Conditions shall extend (as determined by TCC) to all its affiliates, successors, assigns and licensors.
8.8. If you wish to communicate with TCC, please email us at firstname.lastname@example.org.
8.9. These Terms and Conditions are governed by, and construed in accordance with the laws of England, with the exception of the conflict of law rules as apply in England, and you hereby submit to the non-exclusive jurisdiction of the courts of England and Wales. This clause will survive any expiry, cancellation or termination of these Terms and Conditions for any reason.
1.1. TCC shall charge Members (as defined in clause 2 of this Part B) and Members shall pay for the Member Services provided by TCC to them as set out below in this clause 1 of Part B, as may be amended from time to time.
1.2. Currently there are no charges for the Guest Services provided by TCC.
1.3. Unless otherwise agreed in writing by TCC, the terms of payment are as follows:
1.3.1. in order to finalise an Account and to access the Member Services, the Member must pay to TCC in advance a charge as stated on the “Become a Member” page or another amount as agreed for annual membership (comprising a period of one calendar year from the date of payment, Subscription Period); and
1.3.2. for your convenience, near to the end of each Subscription Period, TCC will automatically take payment from the Member of the Charges in advance for the next Subscription Period (in the manner provided below in this clause 1 of Part B) unless the Member informs TCC by email to email@example.com not less than 7 days before the expiry of the current Subscription Period that such Member wishes to cancel the membership at the end of the current Subscription Period.
1.4. The Charges are exclusive of all taxes or duties levied or assessed in connection with the supply of the Services other than UK VAT. The Charges are exclusive of any fees that the Member may be charged by their credit card provider or are otherwise incurred by the Member in relation to the payment of Charges.
1.5. TCC reserves the right to increase the Charges from time to time and you will be given at least 14 days’ written notice on the Website of any such increase in Charges.
1.6. When you join as a Member, as provided in clause 2 of this Part B, you will be required to provide TCC with accurate, complete and current payment information for a valid payment method as indicated on the purchase page for your chosen product (Valid Payment Method). The Current Valid Payment Method is payment via Paypal. We will advise you of changes to the list of Valid Payment Methods from time to time by notification on the Website.
1.7. By becoming a Member, you authorise TCC or its agent to bill your Valid Payment Method the applicable Charges and all applicable taxes, and any other charges TCC or you may incur in connection with your use of the Services.
1.8. If TCC does not receive payment from your chosen Valid Payment Method, for any reason, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second Valid Payment Method before continuing to use the Services and you authorise TCC to charge outstanding Charges and other amounts due us against any credit card you have on file with us.
1.9. If you choose to pay your charges via credit card we reserve the right to determine whether your credit card(s) is/are pre-authorised to accept a minimum charge equal to our Charges. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request that you provide a second valid credit card before continuing to use the Services.
1.10.You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, currency conversion fees and/or charges and over-the-credit-limit fees.
1.11.You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
1.12.To the fullest extent permitted by law, we do not offer refunds or credits on any Charges.
2.1. Registered users on the Website are Members.
2.2. Members have the right to access the Member Services and the Guest Services. Users who are not Members have the right to access the Guest Services only.
2.3. Should you wish to register on the Website as a Member, you will be required to provide certain information and register a username and password for your Account for use on the Website. To register as Member, go to the “Become a Member” page and following the instructions.
2.4. A Member must be an individual person. There shall be one user name and one password per person using the Website. Accounts registered by “bots” or other automated methods are not permitted.
2.5. Other separate legal entities (e.g. a company, charity or local authority) may be able to purchase memberships on behalf of others, for example for their staff or for childminders in their area. Please contact the Childminding Café for more details on the price of these memberships as well as how they work.
2.5. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your Account as a Member. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will TCC be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s Account at any time, without the express permission of the Account holder.
2.6. One person or legal entity may not maintain more than one Account.
2.7. TCC has taken reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personal information, and to safely store your personal information. However, the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. TCC has no control over the practices of third parties (e.g., website links to the Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).
2.9. You agree to notify TCC immediately of any unauthorised use of your password or your Account and to reimburse TCC for any improper, unauthorised or illegal use of your password or Account by you or by any person obtaining access to the Website, Services or otherwise, by using your designated username and password, whether or not you authorised such access.
2.10.If an individual, you warrant to TCC that:
2.10.1. you are not younger than the greater of the age of 18 years; (Age); and
2.10.2. the information you supply to us when opening your account, purchasing a subscription and subsequently, are correct.
2.11.If representing a separate legal entity (other than an individual), you warrant to TCC that:
2.11.1. you are authorised to enter into binding legal obligations on behalf of such entity;
2.11.2. the entity has the right, power and authority to execute and deliver and to exercise its rights and perform its obligations under these Terms and Conditions and any contract formed as anticipated by these Terms and Conditions; and
2.11.3. the information supplied to us regarding the details of the entity and regarding the individuals associated with the entity supplied to us when opening the Account, purchasing a subscription and subsequently, is correct.
2.12.By agreeing to the Terms and Conditions you authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm the facts warranted under this clause 2 of Part B. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us.
2.13.It may be an offence for persons under the Age to make use of the Website, open an Account or request a Service. If we are unable to confirm that you are the Age then we may suspend your Account until such time that we are able to confirm that you are the Age.
2.14.You authorise us to use your name, likeness, photograph(s), company logo, nature and extent of the Services you are using and/or other information you may provide to us from time to time on the Website to help promote the Website and/or the Services.
3.1. In line with distance selling rules, you have 7 days from the start of your membership to cancel and receive a full refund. To do so you must inform us using the email address firstname.lastname@example.org stating that you would like to cancel your membership. You must also agree to dispose of any documents you have downloaded and state that you will not use anything obtained through membership for any purpose.
After the 7 day cooling off period:
3.2. You are solely responsible for properly cancelling your Account. You can cancel your Account at any time by sending an email to email@example.com. TCC will reply with a confirmation email and your Account will be terminated within 48 hours of the confirmation email.
3.3. Cancelling an Account will automatically convert an Account to a non-paid account with the requisite features and capabilities. Any additional content may be deleted by TCC from the Service upon such cancellation.
3.4. If you cancel an Account before the end of your current paid up subscription period, your cancellation will take effect within 48 hours and you will not be charged a renewal unless you subscribe again. We do not, as a matter of policy, refund unused subscription periods if you cancel prior to the end of a paid up subscription period.
3.5. Cancelling an Account may cause the loss of your User Material and other content, access to features, or capacity of your account. TCC does not accept any liability for such loss.
4.1. In these Terms and Conditions, “User Material” means material (including without limitation text, images, documents, audio material, video material and audio-visual material) that you submit to us for publication on the Website.
4.2. TCC does not claim ownership of User Material however, by posting User Material to any area of the Website or by setting the User Material to be shared publicly you grant to us and other users of the Website a worldwide, irrevocable non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your User Material on the Website or in any other existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We shall not be held liable for any use or disclosure of any User Material.
4.3. User Material must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).
4.4. User Material (and their publication on the Website) must not:
4.4.1. Be libellous or maliciously false;
4.4.2. Be obscene or indecent;
4.4.3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4.4.4. Infringe any right of confidence, right of privacy, or right under data protection legislation;
4.4.5. Constitute negligent advice or contain any negligent statement;
4.4.6. Constitute an incitement to commit a crime;
4.4.7. Be in contempt of any court, or in breach of any court order;
4.4.8. Be in breach of racial or religious hatred or discrimination legislation;
4.4.9. Be blasphemous;
4.4.10. Be in breach of official secrets legislation;
4.4.11. Be in breach of any contractual obligation owed to any person;
4.4.12. Depict violence in an explicit, graphic or gratuitous manner;
4.4.13. Be pornographic or sexually explicit;
4.4.14. Be untrue, false, inaccurate or misleading;
4.4.15. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
4.4.16. Constitute spam;
4.4.17. Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
4.4.18. Cause annoyance, inconvenience or needless anxiety to any person.
4.5. You must not use any User Material to link to any website or web page consisting of or containing material that would, were it posted on the Website, breach the provisions of these Terms and Conditions.
4.6. You must not submit any User Material to the Website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
4.7. We reserve the right to edit or remove any User Material submitted to the Website, or stored on our servers, or hosted or published upon the Website.
4.8. Notwithstanding our rights under these Terms and Conditions in relation to User Material, we have the right to, but do not undertake to, monitor the submission of User Material to, or the publication of User Material on, the Website.