ABOUT THESE TERMS & CONDITIONS

In these Terms & Conditions:

• A. “Application” means any website maintained by CHILDMINDING APP (subsidiary of Nursery Story LTD) including without limitation the website at https://childmindingapp.com and its subdomains such as https://my.childmindingapp.com/, and the application for tablet devices that CHILDMINDING APP publishes; and
• b.“Services” means all those services provided through the Application and (where we provide one or more tablets to you on which you access the Application), the provision of any tablet.

These Terms & Conditions set out the terms on which we offer the Services and provide the Application and on which you agree to use the Services provided by CHILDMINDING APP and the Application maintained by CHILDMINDING APP.

Please review these Terms & Conditions carefully and make sure that you understand them before using the Services or the Application. If you do not agree to these Terms & Conditions, you must cease use of the Services and Application immediately.

INFORMATION ABOUT US

We provide the Services and operate the Application. We are CHILDMINDING APP a subsidiary of NURSERY STORY LTD, a limited company incorporated in Scotland with registered number SC620332 and registered address at 25 Sandyford Place, Glasgow, G3 7NG.

References to “CHILDMINDING APP”, “we” and “us” are references to NURSERY STORY LTD. You can only access, download or use the Services and/or the Application either if you are a childminder or if you have been authorised to use the Application by a childminder registered as a user of the Application. References to “you” are to the childminder accessing, downloading or using the Services or Application, or (where applicable) any person accessing, downloading or using the Services or Application having been authorised to do so by a childminder.

WHAT IS THE CHILDMINDING APPLICATION?

The Application supports the current EYFS framework and related learning and development frameworks and is compliant with ICO rules regarding the storage, collection, and communication of personal data relating to children.

The Application provides password-based in-application security. The Application is a locked environment from which data cannot be exported. However, authorised users may export the information as a PDF or Excel file and/or request the data content onto a CD/DVD/USB and/or printed format to share it with parents. The Application cannot be connected with or published to social networks or other third-party applications.

ACCEPTANCE OF TERMS & CONDITIONS

• By using the Services and/or the Application, you accept and agree to be bound by these Terms & Conditions.
• CHILDMINDING APP may at any time modify these Terms & Conditions. Childminding App will notify you of any changes to these Terms & Conditions either by emailing you (at the email address entered by you into any form on the Application) or by posting a notice on the Application.
• By continuing to use the Services and/or the Application after changes to these Terms & Conditions are made and notified to you, you agree to be bound by such changes.
• You can review the most current version of our Terms & Conditions at any time by clicking on the “Terms & Conditions” link located at the bottom of the CHILDMINDING APP website at childmindingapp.com. The most current version displayed on that page will supersede all previous versions. It is your responsibility to ensure that you are familiar with the current Terms & Conditions. You are advised to check the above link on a regular basis.

LIMITATIONS ON USE

Only a registered childminder may authorise individual users to access the Application and the Services. It is the childminder’s responsibility (and that of any individual authorised by a childminder) to ensure that the requirements within “limitations on use” are met.

Each individual must be at least 18 years old to use the Services or the Application and must be a director, officer, qualified childminder practitioner and/or an employee of a childminder. Prior to creating a profile on the Application for any child you must either be authorised to do so by such child’s parent or guardian with regards to such child.

No individual may be given access to the Application or use the Services if he/she has been convicted of or is pending trial for any criminal offence (other than an offence under the road traffic legislation) or if he/she has ever been the subject of a restraining order, in each case whether in the UK or abroad.

By using the Services or the Application (or authorising an individual to use the Services or the Application), the childminder warrants and undertakes that it has the right, authority and capacity to enter into and be bound by these Terms & Conditions. The childminder further warrants that:

• the use of the Application by the childminder or any individual authorised by it (and the display on such person’s computer screen or mobile device of any content on the Application) is not unlawful in the jurisdiction in which the Application is being accessed;
• the childminder is authorised by the parent or guardian of any child whose details it intends to enter onto the Application or is in the place of a parent with respect to such child;
• no individual authorised by the childminder has been convicted of and is not pending trial for any criminal offence (other than an offence under the road traffic legislation) in any jurisdiction; and
• no individual authorised by the childminder has not been and is not the subject of a restraining order in any jurisdiction.

YOUR CONDUCT

By downloading and/or using the Application, the childminder agrees to procure that any individual authorised by it shall, and each individual agrees not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Application.

The childminder and each individual agrees and undertakes to keep his/her/its username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Application using his/her/its username and password.

The childminder and each individual agree not to interfere with the servers or networks connected to the Application or to violate any of the procedures, policies or regulations of networks connected to the Application, including these Terms & Conditions. The childminder and each individual also agree not to:

• attempt to reverse engineer or sell, export, licence, modify, copy, distribute or transmit the Application to any third party, or jeopardise the correct functioning of the Application, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Application);
• attempt to gain access to secured portions of the Application to which you do not possess access rights;
• impersonate any other person while using the Services or Application;
• conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Application;
• resell or export the software associated with the Application;
• use the Application to generate unsolicited advertisements or spam; or
• use any automatic or manual process to search or harvest information from the Application, or to interfere in any way with the proper functioning of the Application.

The childminder and each individual undertake at all times to ensure that any tablet provided by the Company has electronic password protection in effect so that if the tablet is left unused for more than 5 minutes, it will require the password to be re-entered in order to access any content on the tablet.

All content uploaded by you to the Application shall at all times remain the exclusive property of the childminder. CHILDMINDING APP shall have no rights to publish, amend, display, or otherwise use any such content except as set out herein or with the prior express written consent of the childminder.

By using the Applications, the childminder represents and warrants to CHILDMINDING APP that it has a Valid GDPR Consent from a Responsible Adult to permit:

• the childminder to provide to CHILDMINDING APP the personal data relating to each child whose personal data it uploads via the Application;
• CHILDMINDING APP to process the personal data in the manner contemplated in its privacy policy and otherwise as required to make the Application available to the childminder from time to time; and
• CHILDMINDING APP to allow such personal data to data processors located outside of the EEA.

For the purposes of this clause, the following capitalised terms shall have the meanings given next to them: “Valid GDPR Consent” means a consent that meets the requirements set out in article 7 of Regulation (EU) 2016/679 (General Data Protection Regulation).“Responsible Adult” means the legal parent or guardian of a child whose personal data is uploaded by the childminder to the Application.

You undertake by no later than 1 month after you first input personal data in respect of a child into the Application to provide the Responsible Adult of that child with a copy of (or link to) our privacy policy.

OUR RIGHTS

In providing the childminder and any individual authorised by the childminder with access to the Application, CHILDMINDING APP reserves the following rights, and in accessing, browsing or otherwise using the Application you grant to CHILDMINDING APP and agree that CHILDMINDING APP shall have the following rights:

• the right to refuse or withdraw access to the Application in accordance with applicable laws for any reason at any time (with or without notice) if in CHILDMINDING APP’s sole and absolute discretion the childminder or any individual authorised by the childminder violates or breaches any of these Terms & Conditions;
• the right to suspend, amend or disable your profile without giving you notice for any reason (although we will use reasonable endeavours to give you such notice in good time);
• the right to amend or update the Application, and Services fees, billing methods or these Terms & Conditions from time to time;
• the right without notice to remove content, materials or user accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;
• the right to access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
• the right to report you to the police or other judicial body if CHILDMINDING APP believes in its sole and absolute discretion that your conduct (whether in using the Application, our Services or otherwise) is unlawful or threatens the welfare of any user of the Application or the Services or any member of CHILDMINDING APP’s staff.

CONTENT

You hereby represent and warrant that in respect of any content uploaded to the Application and/or transmitted to any member via the Application by you that:

• you have the right to publish such content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a licence to use and publish such content);
• in the event that you upload any content to the Website, you have the consent of any data subject (or in the case of a child, his/her parent) to upload such content;
• the publication of such content on the Application is not likely to bring the reputation of CHILDMINDING APP into disrepute or breach any applicable laws relating to data protection including, but not limited to, the Data Protection Act 1998;
• such content:
• is not illegal in the UK or in any jurisdiction in which such content might reasonably be expected to be viewed and does not promote any illegal activity;
• is not in breach of OFSTED rules or guidelines in force from time to time;
• does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
• such content does not encourage or promote any political cause or affiliation;
• such content is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
• such content does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
• such content does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
• such content is not likely to cause offence to any authorised viewer of such content;
• is not likely to lead a viewer to assume that you are related to, authorised by or otherwise represent CHILDMINDING APP.

You acknowledge and agree that CHILDMINDING APP shall have no obligation to review and approve any content uploaded to the Application. CHILDMINDING APP shall be entitled to remove any content without notice and without giving any reason.

Further you acknowledge and agree that CHILDMINDING APP may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Application to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorise CHILDMINDING APP to provide such information to such persons (on request or in our discretion) without consulting or informing you.

In accordance with clause 15 and CHILDMINDING APP’s Privacy Policy, CHILDMINDING APP shall bear no responsibility and have no liability in respect of any content uploaded by you or another authorised user to the Application and/or how you or another authorised user uses any uploaded content including, but not limited to, any breaches of applicable data protection laws. You hereby acknowledge and agree that any content uploaded to the Application is done so at your own risk.

PAYMENTS

CHILDMINDING APP charges for access to the Application and use of its Services. CHILDMINDING APP charges a fee (the “Recurring Fee”) which shall be payable in advance on a monthly or annual basis. The applicable Recurring Fee to the childminder shall be as set out in the contract summary by each of the Company and the childminder from time to time.

All Recurring Fees in respect of the childminder and any individuals authorised by the childminder shall be payable by the childminder.

All Fees can be paid for through our payment gateway we use which is ‘Stripe’

In the event that you sign up to the Application and/or Services, the childminder agrees to the following:

• it shall be solely responsible for promptly providing any contact or billing information changes or updates (including phone number, email address, credit card numbers) by updating their subscription in the “manage subscriptions area within the application;
• it agrees to pay all fees in respect of us providing access to the Application in advance as well as any chargeable products ordered through the Application and hereby provide CHILDMINDING APP with express irrevocable authorisation to charge the childminder or its payment provider monthly or annually (as applicable) in advance in relation to fees payable in respect of us providing the Application and at the time of purchase of any chargeable product. The childminder will also pay all applicable taxes related to the Recurring Fee;
• it shall notify CHILDMINDING APP of any billing problems or discrepancies within 60 days of the charges appearing on its account. If such billing problems or discrepancies are not brought to CHILDMINDING APP’s attention within such period, the childminder shall be deemed to have waived the right to dispute such problems or discrepancies; and
• for the purposes of this paragraph, “Renewal Date” shall mean the first date of the next billing cycle. The childminder may cancel its subscription by giving CHILDMINDING APP one month’s written notice for quarterly subscriptions and three months notice for annual contracts (which notice shall be given by e-mailing support@childmindingapp.com prior to the Renewal Date). Cancellation shall occur on the first Renewal Date falling after the expiration of the notice period detailed above. All cancellation requests will be processed within five (5) working days and will be confirmed via email.

CHILDMINDING APP reserves the right to:

• charge you an additional reasonable fee to cover the cost of any payment correctly requested by us which failed or was rejected due to the childminder not having provided us with any changes or updates to its contact or billing information, or there being insufficient funds to make the due payment;
• claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and
• immediately without notice cease to provide the Application and Services to the childminder and all individuals authorised by the childminder where any payment has not been paid by the due date. The childminder shall be responsible for any losses (including legal fees, court costs or other costs) incurred by CHILDMINDING APP in collecting payment of delinquent undisputed amounts.

All Recurring Fees and other amounts paid or duly payable to CHILDMINDING APP shall be non-refundable.

The childminder shall make all payments under these Terms without withholding or deduction of, or in respect of, any tax unless required by law. If any such withholding or deduction is required, the childminder shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required.

INTELLECTUAL PROPERTY

CHILDMINDING APP and/or its licensor(s) are the sole owners of the Application, which includes any software, domains, and content created by CHILDMINDING APP and made available through the Application. The Application is protected by UK and International copyright and other intellectual property laws.

We permit you to use the Application for the purposes for which the Application is provided and CHILDMINDING APP grants you a limited licence solely for that purpose.

Without limitation, this means that you may not sell, export, licence, modify, copy, distribute or transmit the Application (or any part of it) or any material provided through the Application without CHILDMINDING APP’s prior express written consent.

Any unauthorised use of the Application will result in the automatic termination of the limited licence granted by us. CHILDMINDING APP reserves the right to terminate the limited licence without notice at any time following an unauthorised use by you of the Application.

CHILDMINDING APP and its graphics, logos, icons and service names related to the Application are registered and unregistered trademarks or trade dress of CHILDMINDING APP. They may not be used without CHILDMINDING APP’s prior express written permission.

All other trademarks not owned by CHILDMINDING APP that appear in connection with the Application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by CHILDMINDING APP.

All content uploaded by you to the Application shall at all times remain your exclusive property. CHILDMINDING APP shall have no rights to publish, amend, display or otherwise use any such content except as set out herein or with your prior express written consent.

SECURITY

Whilst we have implemented commercially reasonable technical and organisational measures to secure content uploaded by the childminder from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide childminder content at your own risk.

ELECTRONIC COMMUNICATIONS

By accessing and/or using the Application and/or material provided through the Application, you consent to receiving electronic communications and notices from CHILDMINDING APP. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY

You provide us with information when you register on the Application. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of offer) and to users of the Application and the Services in general. Any information that you submit or that we collect when you are using the Application or Services is subject to the CHILDMINDING APP Privacy Policy, the terms of which are hereby incorporated into these Terms & Conditions.

NO WARRANTY & LIABILITY LIMIT

CHILDMINDING APP provides the Services and Application “as is” and without any warranty or condition, whether express, implied or statutory. CHILDMINDING APP specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CHILDMINDING APP assumes no liability or responsibility for any errors or omissions in the Application or provision of the Services; any failures, delays or interruptions in the Application; any losses or damages arising from the use of the Services or Application; or any conduct by users of the Services or Application. We reserve the right to deliver the Services and Application in our sole and absolute discretion.

In no event shall CHILDMINDING APP, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Services and/or Application or these Terms & Conditions, on any theory of liability, and whether or not advised of the possibility of damage. CHILDMINDING APP does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of CHILDMINDING APP. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the Terms & Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

You acknowledge and agree that CHILDMINDING APP is not responsible for the accuracy of any information published on the Application by users and does not warrant that any information appearing on the Application is accurate, true or complete. CHILDMINDING APP specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Application.

The Application and any content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of CHILDMINDING APP and are not endorsed by CHILDMINDING APP. CHILDMINDING APP shall not be liable in the event that any content is defamatory, misleading, incomplete or incorrect. Similarly CHILDMINDING APP shall not be liable in the event that any fact is incorrect or misleading.

INDEMNITY

You agree to indemnify and hold CHILDMINDING APP and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Services and/or website or your violation of any law or the rights of any third party.

DISPUTES

You agree that these Terms & Conditions and any claim, dispute or controversy arising out of in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims), the Services, the Application, CHILDMINDING APP’s advertising or any related transaction between you and CHILDMINDING APP shall be governed by and construed in accordance with the law.

Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

TERMINATION

CHILDMINDING APP may change or discontinue the Services and/or Application at any time by giving no less than one calendar month prior notice. We reserve the right to terminate these Terms & Conditions for any reason by giving no less than one month’s written notice. These Terms & Conditions shall automatically terminate in the event that you violate any of the Terms & Conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any such termination, you will immediately cease use of the Services and Application.

The childminder (and any individual authorised by the childminder) will be unable to access, download or otherwise use any data uploaded to the Application by the childminder or the individual. It is the childminder responsibility to ensure that all such data is transferred to an alternative provider and/or downloaded prior to the expiry of the notice period referred to above

In the event of any immediate termination without notice, we may in our sole and absolute discretion provide limited access to the Application to permit you to transfer data to an alternative provider and/or download such data.

GENERAL

These Terms & Conditions are agreed between you and us. No person shall have any rights under or connection with these Terms & Conditions under the Contracts (Rights of Third Parties) Act 1999.

If any court or competent authority decides that any term of these Terms & Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms & Conditions without our prior express written consent.

These Terms & Conditions set forth the entire understanding and agreement between you and CHILDMINDING APP with respect to the subject matter hereof.

These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law.

You irrevocably agree that the courts of law shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms & Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).

CONTACT US

If you have any questions about these Terms & Conditions or the download and/or use of the Application and/or Services, please contact us at:

Childminding App – Nursery Story LTD, 25 Sandyford Place, Glasgow, G3 7NG