Terms and Condition of Use

Website Terms & Conditions of Use

Last updated: [19^th December 2019]

1. Introduction

Please read these Terms & Conditions of Use Carefully.

In these Terms of Use:

“The Company”, “we” “our” and “us” means Enchanted Nursery Limited, a limited company registered in England and Wales under company number 07582242. Our Company’s registered office address is 36 Wilcot Close, Bisley, Surrey GU24 9DE.

“you” and “your” means a user, which includes a Consumer or a visitor, of the Enchanted Nursery Limited website (www.enchantednursery.co.uk) and its subdomains (the “Website”).

These Terms & Conditions of Use set out the terms and conditions on which the Company agrees to make available and you agree to access and use the.

Any enquiries about the Website, these Terms & Conditions of Use or about the Website Privacy Policy or Website Cookies Policy should be directed to us via our Website “Contact Us” page.

2. Acceptance of the Terms & Conditions of Use

By using the Website, you agree to be legally bound by these Terms & Conditions of Use and you agree to the processing of your personal data in accordance with the Company’s Website Privacy Policy and Website Cookies Policy.

If you do not agree with these Terms & Conditions of Use and/or the Company’s Website Privacy Policy and/or the Company’s Cookies Policy, you should not use the Website.

3. Amendments to the Terms & Conditions of Use
   The Company may amend these Terms & Conditions of Use from time to time.  If we do, we will publish the changes on the Website.  Please review the Website periodically for changes to these Terms & Conditions of Use.   The date at the top of this webpage indicates when these Terms & Conditions of Use were last updated.  The amended Terms & Conditions of Use will take effect 30 days from the date on which we publish the amendments on our Website, and from then on will govern the relationship between you and us in respect of your use of the Website including the placing of any booking via the Website.  If you do not agree with the amended Terms & Conditions of Use, you must not continue to use the Website after the date on which the amendments take effect. 

4. Definitions
   In these Terms &Conditions of Use the following words shall have the following meanings:

• “Affiliate” means a company, corporation, partnership or other business entity which a party wholly owns or controls, or which wholly owns or controls a party, or which is under substantially common ownership or control with a party, and for this purpose “control” means the power to secure that the affairs of the entity are conducted in accordance with its wishes.
• “Consumer” means anyone who is registered with www.enchantrednursery.co.uk.
• “Enchanted Nursery” means the Company (Company Number 07582242) with registered address, 36 Wilcot Close, Bisley, Surrey, UK.

The singular shall include the plural, and vice versa; Plurals shall be read as if followed by the phrase “(or any of them)”; and References to Clauses are to clauses in this Agreement.

5. Consumer Registration
   By registering with the Company, if you are a Consumer, you confirm that you are over 18 years of age, or are a minor aged over 16 with parental consent to use the service on the Website you are registering for. If you do not meet these requirements, please do not use the Website. You agree that any information you make available to the Company about yourself upon registration or at any other time will be factual and accurate. The Company is unable to verify the accuracy of any information provided at registration stage and therefore do not accept any responsibility for registrations based on false information. You must keep the password that you use to access the Website confidential and must not disclose it to anyone, or otherwise allow anyone else to use or access your user account on your behalf. You will be responsible for all activities that occur under your user account. You agree that you will not create multiple accounts with us.

6. Intellectual Property & Copying
   The Company is the owner and/or authorised user of all copyright, trademarks, service marks, patents, database rights and all other intellectual property rights (registered and unregistered) in all material and content appearing on or contained within the Website, unless otherwise stated. Any material that is uploaded to the Website by users will be considered non-confidential and non-proprietary and the Company will have the right to use, copy and distribute such material for any purpose.

You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions of Use or as otherwise expressly authorised in writing by the Company, and that you may not otherwise copy, reproduce, commercially exploit, modify or create derivative works of such material or content.

You are not permitted to decompile, reverse engineer or in any other way attempt to discover any source code contained in the Website.

7. Usage Policy
   This Website contains message boards, notice boards and other interactive services. The Company support the free flow of information and ideas over the Internet and are grateful for any honest opinions, reviews and ratings you provide, but do not actively monitor use of the Company message boards and notice.If you submit any content on to the Website, you alone are responsible for the content of your messages, and any consequences arising. The Company is under no obligation to oversee, monitor or moderate any interactive service provided on the Website; and the Company expressly excludes liability for any loss or damage arising from the use of any interactive services by you in contravention of the Company’s content standards, whether the service is moderated or not.

By using the Website you agree to comply with the following:

1. You may download and print extracts from the Website for your own personal and private use and reference, and may refer others in your organisation to the Website, but you may not otherwise copy or distribute those extracts to others in any form. You must not modify the extracts you have printed or downloaded and you must not extract any images or illustrations without their accompanying text.
2. You are permitted to provide others with “hyperlinks” to the home page of the Website but not to any other part of the Website. You must not establish such a link from any website that is not owned by you and must not do so in a way that suggests or implies any form of association with the Company.
3. The Website should not be used to create, convey or distribute any unlawful, defamatory, obscene or offensive materials, or engaging in activities that would cause offence to others on the grounds of race, religion or gender or which are in any way unlawful.
4. You must not misuse the Website by knowingly introducing and/or distributing any computer viruses or other technologically malicious files, by attempting to gain unauthorised access to the Website or by otherwise attacking the Website. Please note that such activities may amount to a criminal offence and will be immediately reported to the police.
5. You must not impersonate any other individual or entity, or use the services to harm or attempt to harm other users.
6. The Website may not be used to create or transmit unsolicited advertising material, junk mail, or any other material which infringes any intellectual property or proprietary rights of any other party
7. You must not use the Website in a way that might reasonably cause the Website to become damaged, rendered less efficient or which could adversely affect the ability of other individuals or entities to use the service
8. The Website must not be used to access, or attempt to access the accounts of other Consumers or to penetrate, or attempt to penetrate, the Company or a third party’s security measures, computer hardware, software or telecommunications systems
9. The Website must not be used for the dissemination of content on the Website that may cause the Company to infringe any copyright, trademark or other intellectual property rights of others or violate an individual’s privacy or personal rights
10. You must not use the service to collect, or attempt to collect, personal information about third parties without their consent or to engage in any activity with the purpose of obtaining lists of users, personal data or any other data

Please note that this list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the service that may result in the restriction or termination of your access to the Website without refund. As a result, the Company reserves the right in its absolute discretion at any time to edit, delete or move any material, be it textual or photographic, and will not enter into any discussions about its decision. Users must agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. The Company reserves the right to share material, such as comments on notice boards with other organisations that may also publish the material.

8. Consumer obligations
   The Consumer must provide its own original images. In doing so, the Consumer warrants that none of those images will infringe the copyright or other rights of any third party. If it is found that the photos submitted contain images of unlawful conduct, the Company may notify the relevant law enforcement authority.

9. Breaches, Restrictions and Terminations
   The Company may, at itssole discretion, restrict, suspend or deactivate your membership account or otherwise terminate or restrict your access to the Website without refund, if the Company believes that you have breached these Terms & Conditions of Use. The restriction, suspension or deactivation will be without prejudice to any rights that the Company may have against you with regards to your violation of these Terms & Conditions. If required, the Company reserves the right to disclose your identity and personal details to the applicable law enforcement agency where the Company deems it be reasonably necessary and/or where the Companyis required to do so by law.

• Third Party Goods & Services
  The Company does not vouch for individuals, companies and other organisations whose goods and services may be accessed or displayed on the Website. Any goods and services that are purchased by you from a third party website, including contractual terms, are between you and the owner of that website. The Company will not be liable for any costs or damages to you or any third party arising directly or indirectly from the purchase of the goods and services through the Website.

Where our Website contains links to other websites provided by third parties (such as on the Childcare Provider microsite), these links are provided for your information only. We have no control over the contents of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

• User Information
  In the course of your use of the Website, you may be asked to provide personal information to us. The Company’s collection and use of such user information is set out in the Website Privacy Policy and Website Cookies Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the user information that you provide.

• Warranties
  The Company provides the Website and its services purely on an “as is” or “as available” basis and your use of the Websiteis at your own risk. It is your responsibility to ensure that the Website is suitable for your intended purposes.  The Company expressly disclaims, to the fullest extent permitted by law, any and all representations and warranties relating to the Website, including, without limitation, any express or implied warranties as to the fitness for a particular purpose, title and non-infringement of proprietary rights.

Although the Company endeavours to ensure that the content contained within the Website are correct, the Company does not warrant the accuracy of the information/ content and the Company does not accept any liability for inaccuracies. The Companyis not responsible for any loss or damage caused by viruses or other harmful files that may be transmitted through the Website without the Company knowledge or control.

The Consumer acknowledges and accepts all risk in relying on any information provided on the Website.

The Company reserves the right to withdraw, restrict access to or suspend all or part of the Website at any time at the Company’sdiscretion.

The Company will not be liable if for any reason the Website is unavailable at any time for any length of period.

• Responsibility
  The Company accepts no responsibility for any services provided by or between Consumers or any other third party suppliers or any statements made by them and makes no representations or warranties, whether express or implied, about the suitability or quality of any services or goods which appear on the Website or any statements made about them

You should authenticate the content set out in the Website with the appropriate authority before entering into a commitment or acting on it. The Company does not certify the accuracy or truthfulness of any posts submitted by users, or endorses any opinions by users.The Company does not endorse any comments, opinions or reviews made by anyone on the Website and does not review their accuracy or content, but reserves the right to remove any comments, opinions, reviews or other materials from the Website.

The Company will not be liable if for any reason the Website is unavailable at any time for any length of period. The accuracy of the information on the Website is the sole responsibility of the owner/s of the property.

Please note that any information provided within the forum does not constitute advice or recommendation by the Company and it is not to be substituted for obtaining professional advice. The Company expressly excludes any and all liability for any loss or damage arising from any reliance placed on such information by any user of the Website.

In situations where you provide the Company with information relating to any third parties, you warrant that you have obtained the third party’s consent to disclose the content and that the third party has agreed to the Privacy Policy.

• Limitation of Liability
  Neither the Company nor any of its directors, employees, shareholders, agents or other representatives will be liable for loss, cost or damage, whether direct, indirect, general, compensatory, and/or incidental, arising out of your use of this Website or any information contained within it. 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 law.

Subject to the provisions of this Clause 14, the Company’s aggregate liability in respect of claims based on events arising out of or in connection with the, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total charges paid by a Consumer for 1 month’s childcare fees at the Company.

• Indemnity
  You agree to indemnify and hold harmless the Company against any losses, damages, or costs, including reasonable solicitors’ fees and court costs, arising directly or indirectly out of your use of the Website or your violation of these Terms & Conditions of Use or any other laws and regulations. You will also indemnify the Company against claims relating to:

1. Any materials and content which you have submitted to us or posted via the Website that breach any third party rights or violates any applicable law
2. Breaches of any intellectual property
3. Your conduct towards any other user
4. Any breach of the Usage Policy at Clause 7

The Company reserves the right to exclusively defend and control any matter subject to indemnification arising from the situations described above.

Nothing in these Terms & Conditions in any way limit or excludes liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not be excluded or limited under the applicable law.

• Newsletter and Marketing
  By registering an account with the Company, you as the Consumer Will be automatically added to the mailing list for the Company newsletters and marketing material. Therefore, by registering your account, you enable the Company to add your email address to its newsletter and marketing mailing list and consequently agree to receive the email newsletter and marketing material.

Your email address will be used for this purpose only and will not be distributed to any third party.

We will treat your personal information in accordance with our Website Privacy Policy.

If you wish to be removed from our mailing list, please contact us with this request at info@enchantednursery.co.uk.

• Confidentiality
  The Consumer is under an obligation to keep all information provided to it from the Company confidential and must not divulge any information to anyone without the express written authority from the Company.

1. The Consumer agrees that it shall at all times (both during the term of this agreement and after its termination) keep confidential, and shall not without the prior written consent of the Company Use or disclose to any third party any information provided to it by the Company, unless such information:
2. Was public knowledge or already known to the Consumer at the time of disclosure;
3. Subsequently becomes public knowledge other than by breach of this agreement;

• Subsequently comes lawfully into the possession of the Consumer from a third party; or

1. Is agreed by the parties not be confidential or to be disclosable;
2. where necessary to comply with any law, regulation, order or legitimate request, to any relevant governmental or other authority or regulatory body.

Provided that, before any such disclosure the Consumer Shall make those persons aware of its obligations of confidentiality under this agreement.

1. All documents and other records (in whatever form) containing the Company’s information supplied to or acquired by the Consumer from the Company shall be returned promptly to the Company on termination of this agreement, and no copies shall be kept.

• Entire Agreement

These Terms & Conditions of Use, including the Website Privacy Policy and Cookies Policy constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.

• Force Majeure

For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

The Company shall not be liable to you as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.

• Assignment

 

The Consumer may not assign, transfer, mortgage, charge sub-contract or deal in any other manner with any of its rights and obligations under this Agreement, by operation of law or otherwise, without the Company’s prior written consent, which may be withheld in the Company’s discretion.

The Company may without the prior written consent of the Consumer assign, novate, sub-contract or transfer the agreement or any part of it to any subsidiary, affiliate or holding company or any subsidiary of its holding company.

• Severance
  If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

22. Miscellaneous
    The Consumer is responsible for accessing the Website on a regular basis. Failure to do so may result in the Consumer missing important announcements from the Company. The Company is not to be held liable for any information lost in this manner. Any external communication, press release or marketing material which refers to the Company, its services or the existence of the terms of this agreement must be agreed by the Company in writing prior to publication.

The Company’s failure to enforce the Consumer’s strict performance of any provision of this agreement will not constitute a waiver of the Company’s rights to subsequently enforce such provision or any other.

The Consumer hereby warrants to the Company that it has not been induced to enter into this Agreement by any prior representations whether oral or in writing, except as specifically contained in this Agreement. The Consumer shall not have any remedy in respect of any untrue statement made by the Company on which the Consumer relied in entering into this Agreement (unless such untrue statement was made fraudulently) and the Consumer’s only remedies shall be for breach of contract as provided for in this Agreement.

• Third Party Rights
  Notwithstanding any other provision in this agreement, nothing in this agreement is intended to confer on any third party any right to enforce any terms of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

24. Governing Law
    These terms and conditions are to be governed and construed in accordance with the laws of England and in the event of any dispute with these terms and conditions, the dispute shall be subject to the exclusive jurisdiction of the English courts.