1.      Definitions

1.      "Childcare Services" means the service provided by the Childcarer on the terms agreed between the Employer and the Childcarer;

2.      "Childcare Fee" means the relevant fee to be paid by the Employer to the Childcarer in cash or by cheque on conclusion of the Childcare Services as set out on the Website and in Schedule 1 of these Terms and Conditions;

3.      "Employer" means an individual or individuals to whom the Childcarer is introduced by Flexi Childcare and for whom the Childcare Services are provided;

4.      "Introduction" means the introduction of the Childcarer to the Employer by Flexi Childcare;

5.      "Flexi Childcare" means Miss Rimmer’s Childcare whose registered office is at 3, Maple Court, Cross Street, Sale, Cheshire, M33 7JW."Childcarer" means the person introduced by Flexi Childcare to the Employer for the provision of Childcare Services;

6.      "Notice" means a written notice in the form to be decided by Flexi Childcare and which is deemed received by the Employer on publication of such notice on the Website;

7.      "Sign Up Form" means the form provided by Flexi Childcare to Childcarers and which must be completed by the Childcarers to the satisfaction of Flexi Childcare;

8.      "Website" means http://www.themanchesterchildcareccompany.co.uk ;

9.      "Booking Fee" means the relevant booking fee to be paid by the Employer by debit or credit card to Flexi Childcare as set out on the Website and in Schedule 1 of these Terms and Conditions.

10.    "Fees" means together the Membership Fee, the Booking Fee and the Childcare Fee.

11.    "Membership Fee" means a monthly membership fee to be paid by the Employer by debit or credit card to Flexi Childcare as more fully described on the Website and in Schedule 1 of these Terms and Conditions;

12.    "Online Booking System" means Flexi Childcare online booking system;

13.    "Online Database" means Flexi Childcare online database.

14.    The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be including the corresponding masculine, feminine and neuter forms.

2.        Introduction

1.      Flexi Childcare will only undertake business on the following Terms and Conditions which are legally binding on all contracting parties.

2.      Flexi Childcare acts as an introduction party only and does not employ the Childcarers.

3.      Flexi Childcare interviews each and every Childcarer and reviews at least two references submitted to it by the Childcarer.

4.      For the duration of a booking (minimum three consecutive hours), the Childcarers are under the supervision and direction of the Employer at all times.

5.      Flexi Childcare is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction and/or the provision of the Childcare Services.

6.      A Childcarer can only look after the maximum of 5 of the Employer’s own children per Booking unless agreed in advance with Flexi Childcare.

7.      Booking time; when a Childcarer accepts the booking she or he is requested to be paid for the number of hours the Employer booked him/her for. If, for whatever reason the booking runs past the agreed time the Employer is requested to pay for any additional time (in 30 minutes intervals). If for whatever reason the Employer returns before the end of the booking the Childcarer is still requested to be paid for the full amount for the amount of hours she/he was booked for.

8.      Flexi Childcare reserves a right to cancel or refuse a booking without refund if any member of the Employer's family has a contagious disease or illness.

9.      Flexi Childcare reserves the right to create at least two separate bookings if more than one family wishes to book a Childcarer for the same time and date.

10.    Under usual circumstances if there are more than 3 children under three years of age or more than 5 children in total a second Childcarer is required.

11.    All Introductions and subsequent Bookings must be made via Flexi Childcare and all concomitant Booking Fees are consequently payable by the Employer to Flexi Childcare.

12.    The Employer acknowledges and undertakes that it will arrange Engagements solely through Flexi Childcare and pay all concomitant Fees. The Employer undertakes not to arrange Childcare Services directly with the Childcarer.

13.    Should Flexi Childcare have grounds to believe that the Employer and the Childcarer have arranged for the provision of Childcare Services to the exclusion of Flexi Childcare and/or failed to pay the relevant Fee Flexi Childcare reserves the right to:

14.    (A) seek payment in arrears from the Employer of any unpaid Fees;

15.    (B) terminate this agreement; and/or

16.    (C) remove the Childcarer from its database.

3.      Payment Terms

1.      Payment to ManChildcare

2.      Monthly Membership Fee

3.      (1) If an Employer chooses to become a Member then they agree to pay the Membership Fee by debit or credit card for a minimum of one calendar month, which will thereafter continue as a rolling contract until the Employer cancels the membership.

4.      (2) The Membership Fee will be charged to your nominated debit or credit card in advance once a month starting from the first day of membership.

5.      (3) The Membership Fee will be processed through Stripe online payment processing monthly.

6.      (4) The Membership Fee may be cancelled at any time and the cancellation will take effect from the day before the next payment would have been due.

7.      (B) Booking Fee

8.      (1) The Employer agrees to pay the relevant Booking Fee to Flexi Childcare.

9.      (2) The applicable Booking Fees will be charged to your nominated debit or credit card every time a booking is made.

10.    (3) The Booking Fee will be processed through Stripe online payment processing.

11.    (4) The Booking fee is only refundable if Flexi Childcare is unable to provide the Employer with a Childcarer for a booking.

12.    (C) Annual Membership fee

13.    (1) The Employer agrees to pay the Membership Fee by debit or credit card for a minimum of one calendar year, which will thereafter continue as a rolling contract until the Employer cancels the membership.

14.    (2) The Membership Fee will be charged to your nominated debit or credit card in advance once a year starting from the first day of membership.

15.    (3) The Membership Fee will be processed through Stripe online payment processing monthly.

16.    (4) The Membership Fee may be cancelled at any time and the cancellation will take effect from the day before the next payment would have been due.

17.    Payment to Childcarer

18.    (A) The Childcare Fee shall be agreed between the Employer and Flexi Childcare prior to the provision of Childcare Services pursuant to the payments terms in Schedule 1.

19.    (B) The Employer agrees to pay the relevant Childcare Fee directly to the Childcarer on conclusion of the Childcare Services in cash.

20.    (C) If requested by the Employer and upon payment of the Childcare Fee, the Childcarer will issue the Employer a receipt of payment which is to be countersigned by the Employer.

21.    (D) If the Employer cancels the booking within an hour of the start time then a £20 cancellation fee will be charged to the nominated debit/credit card.

22.    (E) Should the booking run past midnight the Employer needs to provide a transportation home for the Childcarer (or contribute to the maximum of £15 towards the taxi ride home)

23.    Refunds, replacements, cancellations

24.    (A) In the event that the Childcarer cancels a reserved Booking, Flexi Childcare undertakes to use reasonable efforts to find a replacement Childcarer as soon as reasonably practicable.

25.    (B) If Flexi Childcare is unable to find a suitable replacement it will refund the Booking Fee.

26.    (C) If for any reason the Employer decides to cancel a Booking the Booking Fee will not be refunded.

27.    (D) The Membership Fee may be cancelled at any time and the cancellation will take effect from the day before the next payment would have been due.

28.    Alteration of Payment Terms

29.    (A) Flexi Childcare reserves the right to increase the Fees and to alter the terms on which the Fees are paid at its sole discretion.

30.    (B) Flexi Childcare will gives one month notice of any increase of the Fees.

4.      Confidentiality

1.      Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked "confidential" or not) which that party (the "Recipient") receives from the other (the "Disclosing Party") ("Confidential Information").

2.      The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so) so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.

3.      Flexi Childcare may disclose the Employer’s personal information to third parties (including but not limited to):

4.      (A) in the event that Flexi Childcare sells or buys any business or assets, in which case Flexi Childcare may disclose the Employer’s personal data to the prospective seller or buyer of such business or assets;

5.      (B) if Flexi Childcare or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Employers will be one of the transferred assets; and

6.      (C) If Flexi Childcare is under a duty to disclose or share Flexi Childcare personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and Conditions and other agreements; or to protect the rights, property, or safety of Flexi Childcare, their Childcarers, its Employers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5.      Liability

1.      The Employer acknowledges that the decision to employ a Childcarer is the sole responsibility of the Employer and Flexi Childcare gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Childcarer nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Childcarer.

2.      The Employer acknowledges the risks inherent in participating in a childcare introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Flexi Childcare and any person involved in creating, producing or distributing the Flexi Childcare service or information pertaining to the Flexi Childcare service.

3.      Flexi Childcare does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death delay, claims or expense of any description arising out of an Introduction made by Flexi Childcare

4.      To the extent permitted by law, Flexi Childcare will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the services provided by Flexi Childcare.

5.      The Employer agrees to indemnify and hold Flexi Childcare harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Flexi Childcare by any third party arising out of the Employer’s use of the Website and the services provided by Flexi Childcare, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Flexi Childcare in consequence of the Employer’s breach of these Terms and Conditions.

6.      In no circumstances shall Flexi Childcare total liability to the Employer, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the Fees paid by the Employer.

7.      The Employer should ensure that they have adequate Employer’s Liability.

6.      . Termination

1.      Flexi Childcare can terminate this agreement at any time, without notice, for any reason, including, without limitation, breach of these terms and conditions. Flexi Childcare may also at any time discontinue the Website or any part thereof and the provision of its services without prior notice and shall not be liable to the Employer or any third party for any losses arising from such termination.

7.Entire Agreement

8.      The Parties confirm that these Terms and Conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.

8.Governing Law

9.      These Terms and Conditions will be governed by and construed in accordance with English law.

10.    Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and Conditions and any matter arising from them.

 

9.Right of Withdrawal

11.    You are informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 you have a period of seven working days starting from the time of your purchase on the Website to obtain a full refund of your purchase. However, this right is lost should you access and or use the element of the service you purchased.

10.    Indemnity

a.      By using the Flexi Childcare website you agree to indemnify Flexi Childcare our directors, employees, agents, subcontractors, and affiliated companies against any and all third party claims and liabilities related to your breach of these Terms and Conditions.

11.    General

a.      You, the Employer and User, are responsible for your password and any information provided by you to the Website. Any and all uses of your registration with the Flexi Childcare Website are your sole responsibility. Should there be any unlawful or unauthorised use of your password or registration You agree to notify Flexi Childcare immediately.

b.      Any failure by us to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of it.

c.      Flexi Childcare reserves the right to modify and revise these Terms and Conditions at any time without prior notice. Each time You use Flexi Childcare you should review these Terms and Conditions as by using Flexi Childcare You are bound by them.

12.    Data Protection

a.      By registering with Flexi Childare you agree to provide certain personal information. Flexi Childcare usage and storage of this information is explained in the Privacy Policy.

13.    Feedback Requests / Reviews

a.      Flexi Childcare encourages feedback and suggestions on the services we provide so that we can continually improve the services for the Employer. When a feedback is submitted, Flexi Childcare has full rights to use the feedback and suggestions without any encumbrances. By submitting a feedback or suggestion to Flexi Childcare concerning the services we provide, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Flexi Childcare permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to use by Flexi Childcare of the materials contained within such feedback or suggestions. Flexi Childcare is under no obligation to post or use any materials you may provide and may remove such materials at any time at our sole discretion.

14.    Voucher Codes

a.      (1) Offer excludes bookings for Bank Holidays, Christmas Eve, New Year’s Eve and Valentine.

b.      (2) One voucher per household

c.      (3) Vouchers must be used by the specified expiry date and become void after this date if not used.

d.      (4) Offer cannot be used in conjunction with any other Flexi Childcare offers.

e.      (5)If the value of the Booking is greater than the value of the redeemed Voucher, the remaining amount is payable by the Employer using the above stated payment method.

f.       (6) Vouchers have no cash value and cannot be exchanged for cash.

g.      (7) All standard Terms and Conditions apply when making a booking using a Voucher.

h.      (8) Vouchers must be used online via the Flexi Childcare website.

i.       (9) Flexi Childcare reserves the right to amend these terms and conditions for vouchers at any time without prior notice.