Terms of Service

Introduction

These terms and conditions govern your use of this website or app by using them, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or this app.

You must be at least 13 years of age to use this website. By using this website or app and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

This website and web app uses cookies. By using it and agreeing to these terms and conditions, you consent to our Daycare's use of cookies in accordance with the terms of Daycare's privacy policy / cookies policy.

License to use website or app

Unless otherwise stated, Daycare and/or its licensors own the intellectual property rights in the website/app and material on the website/app. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website or app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website/app (including republication on another website);
sell, rent or sub-license material from the website or app;
show any material from the website/app in public;
reproduce, duplicate, copy or otherwise exploit material on this website/app for a commercial purpose;
edit or otherwise modify any material on the website/app; or
redistribute material from this website/app except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website or app in any way that causes, or may cause, damage to the website or app, or impairment of its availability or accessibility; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website or app without express written consent from Daycare.

You must not use this website or app to transmit or send unsolicited commercial communications.

You must not use this website or app for any purposes related to marketing without Daycare's express written consent.

Restricted access

Access to certain areas of this website or app is restricted. Daycare reserves the right to restrict access to other areas of this website or app, or indeed this entire website or app, at Daycare discretion.

If Daycare provides you with a user ID and password to enable you to access restricted areas of this website or app or other content or services, you must ensure that the user ID and password are kept confidential.

Daycare may disable your user ID and password in Daycare sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or app, for whatever purpose.

You grant to Daycare a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Daycare the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Daycare or a third party (in each case under any applicable law).

You must not submit any user content to the website or app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Daycare reserves the right to edit or remove any material submitted to this website or app, or stored on Daycare's servers, or hosted or published upon this website or app.

Notwithstanding Daycare's rights under these terms and conditions in relation to user content, Daycare does not undertake to monitor the submission of such content to, or the publication of such content on, this website or app.

No warranties

This website/app is provided "as is" without any representations or warranties, express or implied. Daycare makes no representations or warranties in relation to this website/app or the information and materials provided on this website/app.

Without prejudice to the generality of the foregoing paragraph, Daycare does not warrant that:

this website or app will be constantly available, or available at all; or
the information on this website or app is complete, true, accurate or non-misleading.

Nothing on this website or app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Daycare will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or app:

to the extent that the website or app is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Daycare has been expressly advised of the potential loss.

Exceptions

Nothing in this website or app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website or app disclaimer will exclude or limit Daycare's liability in respect of any:

death or personal injury caused by Daycare's negligence;
fraud or fraudulent misrepresentation on the part of Daycare; or
matter which it would be illegal or unlawful for Daycare to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website or app, you agree that the exclusions and limitations of liability set out in this website or app disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website or app.

Other parties

You accept that, as a limited liability entity, Daycare has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Daycare's officers or employees in respect of any losses you suffer in connection with the website or app.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website or app disclaimer will protect Daycare's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Daycare.

Unenforceable provisions

If any provision of this website or app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website or app disclaimer.

Indemnity

You hereby indemnify Daycare and undertake to keep Daycare indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Daycare to a third party in settlement of a claim or dispute on the advice of Daycare's legal advisers) incurred or suffered by Daycare arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Daycare's other rights under these terms and conditions, if you breach these terms and conditions in any way, Daycare may take such action as Daycare deems appropriate to deal with the breach, including suspending your access to the website or app, prohibiting you from accessing the website or app, blocking computers using your IP address from accessing the website or app, contacting your internet service provider to request that they block your access to the website or app and/or bringing court proceedings against you.

Variation

Daycare may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website or app from the date of the publication of the revised terms and conditions on this website or app. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Daycare may transfer, sub-contract or otherwise deal with Daycare's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Daycare in relation to your use of this website or app, and supersede all previous agreements in respect of your use of this website or app.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with U.S. law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York State.

Credit

This document was created using a Contractology template available at http://www.contractology.com.

You must retain the "Credit" section in this document. If you wish to use the document without the "Credit" section (e.g. to project a more professional image) then you can get a license to do so here: http://www.contractology.com/free-document-license-website-terms-and-conditions.html

It is an infringement of our copyright to use the document without the "Credit" section and without paying the license fee.