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    Terms & Conditions for parents

     
     

    Please do not use Emergency Childcare if You do not agree with these terms and conditions

     
     

    Terms of registration

    1. Emergency Childcare is run and administered by My Family Care Ltd ("MFC" "We" or "Us"). Emergency Childcare and all other services/websites available through it are referred to as the "Website" or the "Websites".

    2. By using the Website or contacting us through it the user ("You") agrees and accepts these terms and conditions. These terms and conditions shall represent a legally binding contract between You and Us.

    3. Membership Fees
    Registration to the Website is chargeable - please see clause 7 below. You will be notified of the current monthly, annual and/or ten-year charges on registration and will be informed of any changes to the charging structure on a minimum of 2 months' notice via email.

    4. Modifications and alterations to the Website
    4.1. 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.
    4.2. Please note that the Website may contain typographical errors or other inaccuracies.

    5. 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.

    6. Personal Data
    Depending on the service You are using We might use your personal data to provide care solutions. You can search for and book care places from a selection of providers. 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 and the General Data Protection Regulation (GDPR).

    7. Charging Structure
    7.1. If You are paying on a monthly basis then an initial payment will be taken on a pro rata basis for the month in which You register and thereafter on the first day of each month. There is a 3 (three) month minimum contract period.
    7.2. If You are paying on an annual basis then the charges for the entire year will be taken on sign up. There is no refund should You cancel your membership. Membership will be renewed automatically subject to prior cancellation.
    7.3. If You are on a 10-year Childhood membership, full charges will be taken on sign up. There is no refund should You cancel your membership. Membership is not automatically renewed.
    7.4. If You sign up on a Free Trial, Your card details will be collected and initial payment will be taken at the end of the Trial period. You may cancel membership at any time during the Trial period without penalty.
    7.5. If You wish to cancel your membership, please email cancellation@myfamilycare.co.uk with 'Membership Cancellation' in the Subject field. We will end your Membership either within five working days or immediately at the end of your initial three month minimum contract for monthly members, or at the end of the first year in respect of annual members, whichever is the later.

    8. Force Majeure
    We will not be liable to You by reason of any failure or delay in performing our obligations under these terms and conditions which is due to any event or occurrence that is outside our reasonable control. If we become aware of any such circumstances which give rise to any such failure or delay, or which appear likely to do so, we will contact You to notify You of the situation.

    Disclaimer

    The information provided by our customer service team is for general guidance on your rights and responsibilities and is not legal advice, or recommendation of action to be taken. If you need more details on your rights or legal advice about what action to take, please contact an adviser or solicitor. MFC will not accept liability for any loss, damage or inconvenience arising as a consequence of any use of the advice provided, or the use of any information on this website. MFC are not responsible for claims brought by third parties arising from your use of our website or services.

     
    Terms of booking a NANNY

    1. These terms & conditions shall apply to all emergency nanny bookings made via the Website between Us and the person ("You") making the booking. All variations shall be agreed in writing between the parties. A booking shall constitute acceptance by You of these terms and conditions. The term "Agency" means the childcare agency supplying the nanny or childcarer, whether My Family Care or a third-party agency. The term "Childcarer" means a person whose services are supplied by the Agency to You for temporary work.

    2. Fees
    2.1. Fees to be paid to Us are payable by You on the booking, and are notified either verbally or via the Website. You undertake that 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.
    2.2. You pay Us the total costs of the booking. We will be responsible for all tax and national insurance costs of the booking.

    3. You agree to verify and sign the Agency's timesheet for each Childcarer if provided. Nannies provided directly by My Family Care will confirm their hours electronically. Signature of such timesheets by You constitutes acceptance that the Childcarer has worked satisfactorily for the hours indicated on the timesheet. Failure to sign the timesheet does not alter your liability to pay for hours worked.

    4. Childcarers are deemed to be under the supervision, direction, care and control of You from the moment they report to You or enter your premises and it is understood and agreed that You are responsible for the acts, errors or omissions of the Childcarer conducted in the course of the Childcarer's employment by You. In addition, the administration of medication by the Childcarer will be deemed to be under the authorisation and instruction of You and no liability rests with the Agency if injury occurs as a result of the administration of medication.

    5. You 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 You, save in the event that such cost, claim or liability arises out of the Agency's negligence or breach of contract.

    6. Any Childcarer booked via the Website is booked subject to the specific terms and conditions of the Agency, whether My Family Care or a third-party agency. 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 You shall apply. You will be liable for the Agency's fees if You use the Childcarer other than for the booking You have made via the Website (see clause 9 below).

    7. The Agency endeavours to provide You 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 You 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 You. Childcarers are not the employees of the Agency. You are responsible for ensuring that your 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.

    8. You agree to disclose at the time of a booking whether your 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 You do 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 You in this situation.

    9. It is the responsibility of You to notify the Agency of any extra work offered to a Childcarer. If a Childcarer returns to You at a future date, or if a temporary engagement is extended, then the appropriate additional fee of the Agency shall become payable. Fees are also payable by You on the acceptance, either verbally or in writing, by a Childcarer of a permanent position with You. The fees will be the permanent fee of the Agency at the time. Should any engagement or re-engagement occur without notification to the Agency by You, the full permanent fee will be charged to You irrespective of the length of employment.

    10. 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 You, on a 'per day' basis. If a booking is cancelled within 2 working days of the booking's commencement then:

    • For 1 day bookings, 4 hours plus VAT at the all-inclusive rate as calculated under 2.2 above will be charged
    • For 2 day or longer bookings, 8 hours plus VAT at the all-inclusive rate as calculated under 2.2 above will be charged.

    If the Childcarer arrives to commence the booking and You decide in your 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 You decide to end the booking more than 1 hour earlier than originally booked, a charge will still be made for the hours booked but not used.

    11. Driving
    If You require an emergency nanny to drive your own car during the course of a booking, You are responsible for ensuring that You have the appropriate business car insurance in place prior to the booking's commencement.

    If You require an emergency nanny to drive their own car during the course of a booking, You are responsible for ensuring that appropriate child seats are provided and that the nanny has free parking available for the duration of the booking. If the nanny receives any charges because you have not ensured free parking is available, you will be liable for said charges.

    Terms of booking a NURSERY or CHILDMINDER:

    1. Fees
    1.1. Fees to be paid to the nursery or childminder are payable by You 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.
    1.2. Nursery and Childminder places will only be confirmed after the fee transaction is complete.
    1.3. Where the fee has not been paid, We and associated nurseries and childminders reserve the right to refuse entry.

    2. Liability
    2.1. The Website is purely a service linking You 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 You contract with the specific nursery or childminder, not with Us. Therefore You 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, You are also deemed to accept the terms and conditions of the nursery and or childminder. You will be given an opportunity to view these on your booking confirmation. If You have a query about any aspect of a nursery's or childminder's guidelines You should contact them directly.
    2.2. You acknowledge and accept that the final decision to book a nursery or childminder place is the sole responsibility of You. 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 (Ofsted) 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 Us and employed by You. Nurseries and childminders are not the employees of MFC. We do not exclude or restrict liability for death or personal injury resulting from its negligence.
    2.3. 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 You require clarification of exactly what is meant by "unsuitable" please check with the specific nursery or with the childminder directly. Illness of a child may well lead to a child being denied entry to a nursery or a childminder's home.
    2.4. 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.

    3. The MFC Guarantee
    3.1. It is MFC'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 We work 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 You a full refund. Such refund shall be your only remedy in such situation and shall constitute full and final settlement of any claims You may have arising from the cancellation.
    3.2. For the avoidance of doubt no refund will be given where You retain the services of a nursery or childminder, even though You consider the nursery unsatisfactory in any way or chooses not to use its services.

    4. Cancellation Policy
    If You would like to cancel your nursery or childminder place You must email Us at cancellation@myfamilycare.co.uk least 2 working days 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 100% cancellation charge.

    Terms of booking a SCHOOL HOLIDAY CLUB

    1. Fees
    1.1. Fees are payable by You on the booking, either verbally or via the Website, of a school holiday club or out of school provider 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..
    1.2. Provider places will only be confirmed after the fee transaction is complete.
    1.3. Where the fee has not been paid, We and any associated school holiday club or out of school providers reserve the right to refuse entry.

    2. Liability
    2.1. The Website is purely a service linking You with available provider places, and not a camp or out of school service itself. It is expressly agreed that We act solely as an introductory agent and that You contract with the specific camp, not with Us. Therefore You must adhere to the rules and policies set in place by each individual camp or out of school provider. By accepting these terms and conditions, You are also deemed to accept the terms and conditions of the provider. You will be given an opportunity to view these on their booking confirmation. If You have a query about any aspect of a provider's guidelines You should contact them directly.
    2.2. You acknowledges and accept that the final decision to book a school holiday club or out of school provider place is the sole responsibility of You and 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 provider introduced by Us. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any provider introduced by the Website and employed by You. MFC does not exclude or restrict liability for death or personal injury resulting from its negligence. School holiday clubs and out of school providers are not the employees of the Website.
    2.3. Please note, that providers reserve the right to decline entry to any child they deem unsuitable. The definition of "unsuitable" will vary between providers, and if You require clarification of exactly what is meant by "unsuitable" You must check with the specific provider directly. Illness of a child may well lead to a child being denied entry to a holiday club.
    2.4. Neither You nor Us will be liable to the other for any indirect, consequential, exemplary, incidental, special or punitive damages including also loss of profits and opportunities provided that nothing in these Conditions shall limit or exclude the liability of either You or Us for death or personal injury caused by negligence, for any matter for which it would be illegal to exclude or attempt to exclude liability or for fraud or fraudulent misrepresentation.

    The MFC Guarantee
    It is Our arrangement with the associated holiday clubs and out of school providers that if a place is advertised as vacant then this agreement must be upheld. It is the providers' responsibility to keep the Website updated with any developments and We work on the proviso that all information provided by the providers is correct. However, if the unlikely situation does arise that the advertised place cannot be honoured, for whatever reason, then We will offer You a full refund.  Such refund shall be your only remedy in such situation and shall constitute full and final settlement of any claims You may have arising there from the cancellation.

    4. Cancellation Policy
    If You would like to cancel your provider place you must email Us at cancellation@myfamilycare.co.uk at least 2 working days before the booking was due to commence to obtain a full refund. If You cancel the booking within 2 working days You will be liable to a 100% cancellation charge in respect of provider bookings.

     

     

     

    Please do not use Emergency Childcare if you do not agree with these terms and conditions

     
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