These Terms of Service (the “Terms”) set forth the terms and conditions under which individuals may use the Childcare.ng Site and/or the Childcare.ng Services, including related memberships and content (described below).
Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
These Terms include the Childcare.ng Privacy Policy and all other policies, rules and terms and conditions as set forth in Service materials from time to time, either in print or on our Site (collectively, the “Policies”), all of which are incorporated herein. If you object to anything in these Terms, the Privacy Policy or the other Policies, do not use the Site or the Services.
These Terms, including the Privacy Policy and the other Policies, are subject to change by Childcare.ng at any time.
1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1. About Our Services
Childcare.ng’s mission is to provide an online venue for families and Service Providers to connect with each other, arrange care, and share advice. We work to fulfill this mission by making available online communication tools, information, and an extended network of care seekers and Service Providers that help our users find and coordinate quality care for children, older people, pets and home. The Services we offer include, among others:
We enable individuals seeking care services such as child care, nanny, tutor and housekeeping services (“Parents/Parent/Service Seekers”) to post jobs on the Site and individuals and entities who provide child care services (“Service Providers”) to post profiles on the Site.
We provide search tools to help Parents/Parent/Service Seekers find individuals that meet their specific needs and preferences and enable Parents/Parent/Service Seekers and individual to communicate through a private messaging platform.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of Our Services
Childcare.ng does not introduce or supply child carers to Parents, nor do we select or propose specific child carers to Parents/Parent/Service Seekers or Parents/Parent/Service Seekers to child carers. Instead, we offer an online forum that among other things enables Parents/Parent/Service Seekers and child carers to interact regarding potential work opportunities. Through our Site, Parent/Service Seekers may post jobs describing the services for which they are seeking care, the terms of such services and related information, and Service Providers may post profiles describing the services they provide as well as their experience, training, qualifications and related information. Due to the difficulty of verifying information over the Internet, we do not and cannot reasonably verify the identity of Service Providers or Parent/Service Seekers or the information they provide. As such, we cannot reasonably verify the authenticity or completeness of job postings or whether Service Providers have the experience, training, qualifications and authorisations they post in their profiles. Our business model also makes it unreasonable for us to perform reference checks on Service Providers as a general matter or confirm that Service Providers are suitable to work with the population they apply to work (e.g., children and older people). For example, we do not check whether Service Providers have valid DBS/PVG checks. Any screening of a Parent/Service Seeker or Carer and his or her information by Childcare.ng through verification checks, as further described in section 4, or otherwise, is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or carer.
Further, we do not have control over the quality, timing, or legality of the services actually delivered by Service Providers, nor of the integrity, responsibility or actions of Parent/Service Seekers or Service Providers. We do not make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Parent/Service Seekers or Service Providers whether in public, private or offline interactions.
Parent/Service Seeker and Carer content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Childcare.ng does not assume any responsibility for the accuracy or reliability of any information provided by Service Providers or Parent/Service Seekers on or off this Site.
Childcare.ng is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Childcare.ng does not assume and expressly disclaims any liability that may result from the use of information provided on our Site or any other venue. All users, including both Parent/Service Seekers and Service Providers, do hereby expressly agree not to hold Childcare.ng (or Childcare.ng’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or omissions of any Parent/Service Seeker or Carer or for any information, instruction, advice which originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, each Parent/Service Seeker and Carer hereby irrevocably waives any right they may have to bring a claim against Childcare.ng and Childcare.ng and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
As we do not verify the identity of or any information provided by Parent/Service Seekers or Service Providers (e.g., the authenticity or completeness of Parent/Service Seeker jobs or the qualifications, the experience or suitability of Service Providers, etc.) registered users are solely responsible for selecting an appropriate Parent/Service Seeker or Carer for themselves or their family. For Carer Seekers this should include: (i) interviewing Service Providers, (ii) verifying their identity via photographic ID, asking for proof of experience, training, qualifications, authorisations and suitability for the position they are applying (including requesting an enhanced DBS/PVG checks), and (iii) following up on references on the Service Providers they are interested in hiring. We recommend you ask Service Providers to bring to their interview photographic ID to verify their identity and original copies of documentation to verify their identity, experience, training and qualifications. Service Providers are solely responsible for interviewing and verifying the identity of Parent/Service Seekers for whom they are considering working and the terms of engagement. Please consider requesting Parent/Service Seekers to provide documentation to verify their identity and character references from previous employees or professionals that know them such as a solicitor.
2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
If you registering to be a Parent/Service Seeker, you must be a citizen or legal resident of the country you reside.
If you are registering to be a Carer, you must be permitted to legally work within the he country you reside and you must have the experience, training, qualifications and authorisations required by law or otherwise for the positions for which they apply.
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been on any Independent Safeguarding Authority barred list or the sex offenders register or other similar list.
3. RULES FOR USER CONDUCT AND USE OF SERVICES
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Childcare.ng’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Childcare.ng where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Childcare.ngor to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
You understand and agree that Childcare.ng may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Childcare.ng violates this Agreement or which Childcare.ng determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
You have the right, and hereby grant to Childcare.ng, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Childcare.ng will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Childcare.ng is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You agree that Childcare.ng has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Childcare.ng, are those of their respective authors. Such authors are solely responsible for such content. Childcare.ng does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service or any other venue, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service or any other venue. Under no circumstances will Childcare.ng or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site, Service, or any other venue; or b) reviews or comments made about you on the Site or other venue by other users.
3.2. Exclusive Use
Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of Childcare.ng you agree that you will not under any circumstances:
use the Site, Services, or other venue, or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s Childcare.ng account without permission;
provide false or inaccurate information when registering an account on Childcare.ng, using our Services or communicating with other Registered Users;
post any job where there is a risk to the health and safety of any Carer at the location where the work is to be performed;
except where allowed by applicable law, post jobs which require the Carer to provide information relating to his/her: (i)
racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age;
attempt to re-register with Childcare.ng if we have terminated your account for any or no reason;
interfere or attempt to interfere with the proper functioning of Childcare.ng’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
use the communication systems provided by or contacts made on Childcare.ng for any commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion. Should Childcare.ng find that you violated the terms of this Section or any terms stated herein, Childcare.ng reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, Childcare.ng reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. VERIFICATION CHECKS
4.1 Consent to run verification checks
By using the Site or Services, you hereby authorize Childcare.ng, and acknowledge that Childcare.ng reserves the right, but not the obligation, to use a third party to use your personal information to scan on an ongoing basis a variety of sources, which may include, but are not limited to, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information you provide us and the representations and warranties you make in the Terms of Use and on the Site and in evaluating your suitability for Childcare.ng membership (“Verification Checks”). By using this Site or Services, you understand and agree that Childcare.ng may review the information provided by the third party verification service and that Childcare.ng retains the right to terminate your Childcare.ng registration based on the information it receives. You also hereby represent, understand and expressly agree that Childcare.ng does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW CHILDCARE.NG TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CHILDCARE.NG. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.2. Release of Liability for Results of Verification Checks
Childcare.ng has no obligation to perform Verification Checks on any Registered Users. To the extent Childcare.ng performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.
The results of any Verification Checks on you may impact your ability to access and use Childcare.ng’s Services. You are not eligible to register with Childcare.ng if any of your Verification Check results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that in our sole discretion disqualifies you from using our Site or Services. You understand that Childcare.ng may review the information provided by any third parties that provide Verification Checks, and that Childcare.ng retains the right in its sole discretion to terminate your Childcare.ng registration if any of the information it receives indicates you are not suitable for our services.
You do hereby represent, understand and expressly agree that any Verification Checks are performed by separate third party verification services, and that Childcare.ng does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.
5. TERMINATION OF REGISTRATION
Should Childcare.ng determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Childcare.ng reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Childcare.ng Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Childcare.ng, with or without notice.
In any event, Childcare.ng also reserves the right, in its sole discretion, to terminate your access to all or part of the Childcare.ng Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Childcare.ng, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual’s use of the Site or the Services, Childcare.ng reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
6. PRIVACY
Childcare.ng will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
7. LINKS TO EXTERNAL SITES
Links from the Site to external sites (including external sites that are framed by Childcare.ng) or inclusion of advertisements do not constitute an endorsement by Childcare.ng of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Childcare.ng does not control such sites, and is not responsible for their content. Just because Childcare.ng has hyperlinks to such sites does not mean that Childcare.ng endorses any of the material on such sites, or has any association with their operators.
Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Childcare.ng’s Terms of Use and Privacy Policy. Childcare.ng expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Childcare.ng harmless from any liability that may result from the use of links that may appear on the Site.
8. PAYMENT
In order to utilize some of Childcare.ng’s Services, Parent/Service Seekers must pay for a Premium Member subscription and the content available through that Premium Membership, or otherwise pay for the specific Service.
8.1 Billing and Payment for Parent/Service Seekers
Parent/Service Seekers that sign up for a Premium Member subscription (and the content available through that Premium Membership) and the agree to pay Childcare.ng all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information. Premium Members authorize Childcare.ng to charge their chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan the Premium Member selects.
To the extent you elect to purchase other chargeable offerings, you authorize Childcare.ng to charge your chosen payment provider for the Services you purchase. You agree that if Childcare.ng already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.
8.2 Automatic Subscription, Renewal and Cancellation of Premium Memberships for Parent/Service Seekers.
Your Premium Membership subscription and the content available through that Premium Membership will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed.
You may cancel your subscription by emailing Childcare.ng Member Care or adjusting your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up as a Premium Member.
You acknowledge that by purchasing your Premium Membership subscription and the content available through that Premium Membership, you hereby request and agree to the immediate delivery of that Premium Membership. Upon purchase of the Premium Membership, you acknowledge that you will lose your right to change your mind and receive a refund during any cooling off period.
8.3 Billing and Payment for Service Providers
Certain Services and offerings made available to Service Providers may require the payment of a fee by such Service Providers as described hereon or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Childcare.ng to charge your chosen payment provider for the Services you purchase.
Childcare.ng may allow Service Providers to pay a fee to be featured more prominently on the Site. In addition, Childcare.ng may give Service Providers the ability to purchase credits that can be used by such Service Providers to exchange information with certain Parent/Service Seekers. To the extent applicable, the number of credits necessary to contact a Parent/Service Seeker and the expiration date of such credits is disclosed on the Site. Such credits do not have any monetary value and do not constitute a pre funding of stored value that can be used in the future. More information about credits can be found here
8.4 Refund Policy
To the extent permitted by law, Childcare.ng does not as a general rule provide refunds or credits for subscription or other purchase cancellations. However, Childcare.ng may in its sole discretion issue refunds or credits when it believes they are warranted.
8.5 Free Trial Offers
Childcare.ng may offer limited-time free trial Premium Membership subscriptions to Parent/Service Seekers from time-to-time. Parent/Service Seekers who sign up for Childcare.ng Premium Membership on a free trial basis may have limited access to the features of the Site. If a Parent/Service Seeker does not cancel their subscription prior to the end of the free trial period, the Parent/Service Seeker will be charged the price then in effect for a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged for Premium Membership services, a Parent/Service Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
Childcare.ng does not introduce or supply Service Providers to Parent/Service Seekers, nor do we select or propose specific Service Providers to Parent/Service Seekers or Parent/Service Seekers to Service Providers. Instead, we offer an online forum that among other things enables (i) Parent/Service Seekers to seek the services of a Carer through the use of the Site or Services, (ii) Service Providers to post profiles and submit proposals to Parent/Service Seekers regarding their services. Any agreement between a Parent/Service Seeker and a Carer regarding the provision of services is solely between the Parent/Service Seeker and the Carer; Childcare.ng is not a party to any such agreement. Any issues concerning the conduct of a Parent/Service Seeker or Carer including, without limitation, the services received by the Parent/Service Seeker or payment due to the Carer, must be resolved directly by the Parent/Service Seeker and the Carer. Childcare.ng will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Childcare.ng harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Childcare.ng will use its reasonable efforts to monitor Carer and Parent/Service Seeker profiles, comments, and general usage of the Site and suspend privileges to any Parent/Service Seeker or Carer not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit the Childcare.ng Safety Centre prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Childcare.ng immediately by notifying Childcare.ng of the same via electronic correspondence.
10. AGE RESTRICTIONS
Childcare.ng is intended for people 18 or over. Parent/Service Seekers and Service Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Childcare.ng will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.
11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Childcare.ng, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILDCARE.NG DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CHILDCARE.NG; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHILDCARE.NG EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, CHILDCARE.NG MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Childcare.ng be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Childcare.ng, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CHILDCARE.NG’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CHILDCARE.NG FOR THE USE OF ANY SERVICES, THE AMOUNT OR ITS EQUIVALENT.
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Childcare.ng’s liability for fraudulent misrepresentation, death or personal injury caused by Childcare.ng’s negligence or liability that may not otherwise be limited or excluded by law.
No Liability for non-Childcare.ng Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHILDCARE.NG BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Childcare.ng makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11.4. Indemnification
By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Childcare.ng and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Childcare.ng and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Childcare.ng and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Childcare.ng. Users further agree to hold harmless Childcare.ng and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.
12. JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of the Site and/or the Services, by using the Site or the Services, you expressly agree that any such dispute shall be governed by the laws of England and Wales, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of England and Wales, for the resolution of any such dispute.
13. MISCELLANEOUS
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever, including pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. CONTACT INFORMATION
If you have any questions or need further information as to the Site or Services provided by Childcare.ng, or need to notify Childcare.ng as to any matters relating to the Site or Services please contact Childcare.ng at:
Legal Department
Childcare.ng
58 Umuoji Street
Independence Layout
Enugu
