PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS
Terms & Conditions of registration:
1.1 We (My Family Care Ltd) will use your personal data to provide care solutions via our websites. You can search for and book care places from a selection of providers on our websites. You make the final decision as to which provider is booked. Once you have selected the provider you wish to use, we will pass the provider your personal data and that of your child or dependent so that they can provide the service. If you have provided sensitive personal data such as your child or dependent's medication requirements on the registration form, you consent to us passing this data to the provider. The providers will not use your and your child or dependent's personal data for any other purpose. We may also pass information back to your employer regarding your use of this service (if you are registering to the website via a corporate branded site). Some data may be processed outside the EEA. Where this happens, we will ensure that it is given the same levels of protection as required under the UK Data Protection Act.
Terms & Conditions on booking a nursery place or a childminder:
1. Contract
These terms and conditions shall represent a legally binding contract between the client (the "Client") and My Family Care Ltd (trading as emergencychildcare.co.uk) ("Us", "We" or the "Website"). The completion of registration on the Website shall constitute acceptance by the Client of these terms and conditions.
2. Modifications and alterations to the Website
2.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website, the content or services or products available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, our provision of new products or services, or resources shall be subject to these terms and conditions.
2.2 Please note that the Website may contain typographical errors or other inaccuracies.
3. Security
You are solely responsible in all respects for all use of, and for protecting the confidentiality of, any email verification number and password that may be given to you or selected by you for use on the Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding the Website which comes to your attention.
4. Fees
4.1 Fees to be paid to the nursery or childminder are payable by the Client on the booking, either verbally or via the Website, of a nursery or childminder place. You undertake that all details you provide to Us in connection with any services or products which may be offered by Us on the Website will be correct and, where applicable, the credit or debit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. We reserve the right to obtain validation of your credit or debit card details before providing you with any services or products.
4.2 Where all or part of a payment is made by a Client using a childcare voucher account then the same obligations as set out in 4.1 above in relation to accuracy of details will apply and furthermore the Client agrees that he/she will only seek to access a childcare voucher account which he or she has permission to access from the relevant childcare voucher provider.
4.3 Nursery and Childminder places will only be confirmed after the fee transaction is complete.
4.4 Under the circumstance where the fee has not been paid, emergencychildcare.co.uk and associated nurseries and childminders reserve the right to refuse entry.
4.5 If you use the service via a corporate branded site then fees due to Us for providing the Website service to you are paid by your employer. We are also paid commission by the relevant nursery or childminder.
5. Liability
5.1 The Website is purely a service linking the Client with available nursery places and childminder places, and not a nursery or childminding service itself. It is expressly agreed that We act solely as an introductory agent and that the Client contracts with the specific nursery or childminder, not with Us. Therefore the Client must adhere to the rules and policies set in place by each individual nursery or childminder. By accepting the terms and conditions of emergencychildcare.co.uk, the Client is also deemed to accept the terms and conditions of the nursery and or childminder. The Client will be given an opportunity to view these on your booking confirmation. If the Client has a query about any aspect of a nursery's or childminder's guidelines they should contact them directly.
5.2 The Client acknowledges and accepts that the final decision to book a nursery or childminder place is the sole responsibility of the Client and, save in the event of our gross negligence. We do not accept any liability for any kind of inconvenience, injury, loss or damage (whether caused directly or indirectly) arising from an act or omission of a nursery introduced by Us. Similarly, whilst all nurseries will be registered with the Office for Standards in Education and all childminders with the National Childminding Association (or equivalent bodies), no other warranty is offered in respect of the suitability, honesty, capability or character of any nursery or childminder introduced by emergencychildcare.co.uk and employed by the Client. Nurseries and childminders are not the employees of emergencychildcare.co.uk. Emergencychildcare.co.uk does not exclude or restrict liability for death or personal injury resulting from its negligence.
5.3 Please note, that nurseries and childminders reserve the right to decline entry to any child they deem unsuitable. The definition of "unsuitable" will vary between nurseries and childminders, and if the Client requires clarification of exactly what is meant by "unsuitable" please check with the specific nursery or with the childminder directly.
5.4 In no event will We be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages including also loss of profits and opportunities.
6. The emergencychildcare.co.uk Guarantee
6.1 It is emergencychildcare.co.uk's arrangement with the associated nurseries and childminders that if a nursery or childminder place is advertised as vacant then this agreement must be upheld. It is the nurseries' and childminders' responsibility to keep the website updated with any developments and emergencychildcare.co.uk works on the proviso that all information provided by the nurseries is correct. However, if the unlikely situation does arise that the advertised nursery place cannot be honoured, for whatever reason, then We will offer the Client a full refund. Such refund shall be the Client's only remedy in such situation and shall constitute full and final settlement of any claims the Client may have arising from the cancellation.
6.2 For the avoidance of doubt no refund will be given where the Client retains the services of a nursery or childminder, even though the Client considers the nursery unsatisfactory in any way or chooses not to use its services.
7. Cancellation Policy
If you would like to cancel your nursery or childminder place you must email info@emergencychildcare.co.uk at least 2 working days hours before the booking was due to commence to obtain a full refund. If you cancel the nursery or childminder space within the 2 working days you will be liable to a £25 cancellation charge in respect of nursery bookings and 100% up to a maximum of £100 in respect of childminder bookings.
Terms & conditions on booking a nanny:
1. These terms & conditions shall apply to all emergency nanny bookings made via www.emergencychildcare.co.uk (the "Website") between Us and the person (the "Client") making the booking. All variations shall be agreed in writing between the parties. A booking shall constitute acceptance by the Client of these terms and conditions. The term "Agency" means the childcare agency supplying the nanny or childcarer. The term "Childcarer" means a person whose services are supplied by the Agency to the Client for temporary work.
2. The Client agrees to verify and sign the Agency's timesheet for each Childcarer if provided. Signature of such timesheets by the Client constitutes acceptance that the Childcarer has worked satisfactorily for the hours indicated on the timesheet. Failure to sign the timesheet does not alter the Client's liability to pay for hours worked.
3. Childcarers are deemed to be under the supervision, direction, care and control of the Client from the moment they report to the Client or enter the Client's premises and it is understood and agreed that the Client is responsible for the acts, errors or omissions of the Childcarer conducted in the course of the Childcarer's employment by the Client. In addition, the administration of medication by the Childcarer will be deemed to be under the authorisation and instruction of the Client and no liability rests with the Agency if injury occurs as a result of the administration of medication.
4. The Client shall indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency arising out of any claim by the Childcarer in relation to a booking with the Client, save in the event that such cost, claim or liability arises out of the Agency's negligence or breach of contract.
5. Any Childcarer booked via the Website is booked subject to the specific terms and conditions of the Agency, whether a Tinies agency or otherwise. In particular the Agency's terms and conditions covering confidential information and the charging of additional fees should the Childcarer be booked for additional work by the Client shall apply.
6.1 The Agency endeavours to provide the Client with only the most suitable Childcarers, having performed all checks required by law. However the final decision to employ a Childcarer is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Childcarer introduced by the Agency. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Childcarer introduced by the Agency and employed by the Client. Childcarers are not the employees of the Agency. The Client is responsible for ensuring that their home contents insurance includes cover for Public Liability and Employers Liability for domestic workers, including childcarers. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
6.2 The Client agrees to disclose at the time of a booking whether the Client's children have any contagious illnesses or conditions (inter alia chicken pox, hand, foot and mouth, norovirus, impetigo etc). The Agency reserves the right to refuse the booking if the Agency deems it necessary to protect the Childcarer and any children the Childcarer cares for on a regular basis. If a Client does not disclose such illnesses, and the Childcarer discovers the conditions on arriving for the booking, the Childcarer can refuse to fulfil the booking. There will be no refund to the Client in this situation.
7. Cancellation Policy
A booking may be cancelled without charge up to 2 working days before the booking is due to start at no cost to the Client. If a booking is cancelled within 2 working days of the bookings commencement then four hours plus VAT will be charged per booking. If the Childcarer arrives to commence the booking and the Client decides in its reasonable opinion that the Childcarer is unsuitable and does not commence the booking then the Agency may in its absolute discretion decide to waive all or part of the fee due. If the Client decides to end the booking more than 2 hours earlier than originally booked, a charge will still be made for the hours booked but not used.
