Terms Of Services
Applicability of terms and conditions
Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our service you enter a contract with us on the basis of these terms and conditions. Alternatively, if you first download our App, you enter into a legal contract with us at that point. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our service in future. These terms and conditions are available in english only.
These terms and conditions apply to all users.
For App users: These terms and conditions are an “end user licence agreement” between you and us not the Appstore in relation to our App i.e., setting out how we allow you to use our App and, in addition, you agree to be legally bound by the App store Rules.
Changes to the terms and conditions
We may change these terms and conditions by giving you at least 15 days notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and by giving notice by email, SMS and/or in-app message.
If you dont agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
Your right to use our Service
We grant you a limited personal non-transferable right to use our service on any applicable device owned or controlled by you only Apple-branded where Apple Inc is the App Store subject to these terms and conditions and, where applicable, in accordance with the Appstore rules.
Who can use our Service?
You must not use, or attempt to register on, our service if:
- you are below 18 years of age; or
- you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
- Our service is designed for, and may only be used by, persons who genuinely intend to use the service to provide or avail of childcare services.
- You must not use, or attempt to register on, our service if you act as an agency or other intermediary for any childcare services.
Acceptable use of our Service
You agree that you will not in connection with the service:
- breach any applicable law, regulation or code of conduct;
- upload any content including links or references to other content, or otherwise behave in a manner which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
- upload any content which includes someone elses personal information unless that person is 18 years or over and you have obtained that persons explicit written consent or you are the parent/guardian of such person;
- make recordings or screenshots of audio / video interactions without the written consent of all other participants;
- impersonate any person or entity in order to mislead others;
- upload any content which links to any third-party websites which are unlawful or contain inappropriate content;
- sell access to the service;
- use the service to provide a similar service to third parties or otherwise with a view to competing with us;
- sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorised by us;
- use the service for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the service including worms, viruses, software bombs or mass mailings;
- do anything which may negatively affect other Users enjoyment of the Service;
- gain unauthorised access to any part of the service or equipment used to provide the service;
- intercept or modify communications to or from the service;
- deliberately exploit any bugs found with the service;
- circumvent any security or other features of the service including features that restrict use or copying of content;
- use any automated means to interact with our systems excluding public search engines; or
- attempt, encourage or assist any of the above.
You must comply with any rules or requirements on our website.
You must promptly comply with any reasonable request or instruction by us in connection with the service.
You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
Dealing with other Use
You accept that we have no obligation to vet or monitor Users or their content. We do not endorse or recommend any users. You rely on such information and/or deal with other users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such content or in connection with any dealings between users.
It is your responsibility to carry out careful and detailed investigations before dealing with other users including use of or reliance on their content. You should not assume that any content from another user is accurate and be aware that a person may not be who he or she claims to be.
If we state on our service that we hold a document such as a regulatory registration certificate or criminal records check, we do not guarantee that that any such document is accurate or valid or suitable for your purposes. If you are a parent, it is your responsibility to seek access to the document via the relevant childcare provider and satisfy yourself including making additional enquiries where appropriate.
If you are a childcare provider, you acknowledge that we permit parents to post reviews in relation to you and/or your services and that these will be publicly available for viewing and will remain so after this agreement ends. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
We do not guarantee that guidance or other general information which we provide on our service is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
Unless otherwise specifically stated on our service, your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
While parts of our service are available to users free of charge, certain features are available only to Users who subscribe or (in the case of our App) pay the applicable one-off fee. Subscriptions can be acquired for the periods and by the payment methods specified on our service. Payment is in advance. We reserve the right at any time to vary or remove any benefits applicable to subscribers.
The prices shown on our website include any applicable VAT unless we say otherwise.
If we have mis-priced any part of our service; we are not obliged to supply the service provided we notify you. If we do notify you, then you can decide if you want continue with the service at the correct price but, if you do not, we will provide a full refund of any payments already made.
Where stated on our service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our service. Ending your subscription does not entitle you to a refund (unless consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our service. Otherwise, the next renewal of your subscription after the one months notice will be at the new price.
You must contact us immediately with full details if you dispute any payment.
If any amount due to us is unpaid including unjustifiable chargeback, without prejudice to any other remedy that may be available to us, we may charge you interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Ending or suspending this contract
We are entitled at any time to end this contract if we terminate our service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
We are entitled to end this contract or suspend part or all of our service or impose restrictions on our Service if:
- you break this contract;
- you are subject to repeated complaints by other users and/or negative reviews;
- any fees due to us are unpaid / unjustifiably charged back;
- we think that it is necessary to protect us or others;
- we are required to do so by law or appropriate authority; or
- you or anyone on your behalf acts inappropriately towards our staff.
If you are a childcare provider and we end the contract, we will give you at least 30 days notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
If we suspend our service; you remain responsible to pay for our service during the period of suspension if you were at fault. We are entitled to make resumption of a suspended service subject to reasonable conditions including payment of a reasonable fee.
Intellectual property rights
The intellectual property rights in all material used on or in connection with our service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any content on our service without our specific prior written consent.
You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
If you upload any content to our service (including logos, trademarks and brand names), you retain ownership of the intellectual property rights. You allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our service and on other peoples websites (e.g., job search websites such as google jobs). You waive your “moral rights” in relation to such content to the extent legally allowed. You also allow each User to use your content in accordance with these terms and conditions.
In the event of any third-party claim that the app or your possession and use of the App infringes that third partys intellectual property rights, we, not the Appstore, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
We may send all notices under this agreement by email to the most recent email address you have supplied to us unless otherwise stated in this agreement. You can contact us at www.nurturewise.com/contact. Headings used in this agreement are for information and not binding. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.