Terms & Conditions
1. Job Content
The Website may from time to time contain links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that The Childcare Group is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
2. Use of The Childcare Group
The Childcare Group’s Website is for your personal, non-commercial use only, if you have no other agreement with The Childcare Group. If you wish to make commercial use of the Website, or if you wish to purchase The Childcare Group services utilizing the Website, you must enter into an agreement with The Childcare Group to do so in advance. Please use the contact us page for more information. We reserve the right at all times (but will not have an obligation) to terminate users; reclaim usernames or URLs for any reason.
3. User Content
Some parts of the Website, such as message boards, job listings, and forums, may allow users to post text, job solicitations, CVs, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of job opportunities. This User Content is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or wrong. The Childcare Group does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Website by third parties. You acknowledge that by accessing the Website, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that The Childcare Group shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
Users of the Website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.
When you create a Career Site or post a job solicitation on The Childcare Group, whether part of the The Childcare Group Ads Programme or as a free posting, you agree that all of The Childcare Group’s terms, including the The Childcare Group Privacy and Cookie policies apply to you and to the applicants applying through such Sites or solicitations. You also agree that The Childcare Group shall utilise its The Childcare Group email relay function for such job solicitations and that applicants to those jobs and utilising such Career site shall apply through The Childcare Group. If you post a job solicitation on The Childcare Group with questions to applicants, you agree to be responsible for the content of such questions. You agree that The Childcare Group may reject or remove any job listing or any part of any Career Site or any screening question for any or no reason. You shall indemnify and defend The Childcare Group, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your posting a job on The Childcare Group, using screening questions, or creating a Career Site.
The job advertisements contained in The Childcare Group’s search results, or linked from those results, are created by people and companies over whom The Childcare Group exercises no control. You acknowledge that we have no control for the content of the job listings or other information posted therein. The Childcare Group’s job search results are indexed in an automated manner and The Childcare Group does not have any obligation to screen these jobs. The Childcare Group also does not promise to include any job in its search results and may exclude any job link for any reason or for no reason. We cannot confirm that users or employers are who they claim to be. The Childcare Group assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, information, or web site that is either included in The Childcare Group’s search results or linked to by the Website.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person) on the Website, such as social security number, National Insurance number, passport number, national identification number, insurance number, driver’s licence number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. The Childcare Group may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.
Although The Childcare Group has no obligation to do so, The Childcare Group may monitor messages posted on the Website and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the Website on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that The Childcare Group deems in its sole discretion is inappropriate. If you believe a message violates our policies, please us immediately so that we can consider its editing or removal. The Childcare Group does not promise to remove any User Content and interpretation of whether User Content violates any The Childcare Group policy always remains within the sole discretion of The Childcare Group.
The Childcare Group reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests. This means The Childcare Group may honour court-mandated requests to reveal a user’s electronic address and identity.
Without limiting the generality of the foregoing, The Childcare Group reserves the right (but are under no obligation) to remove any job listings that directly or indirectly discriminate against applicants. Direct discrimination means that a job listing specifically makes it clear that they only want applicants that match a certain criteria, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a job listing implicitly excludes certain classes of applicants by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any job listings that contain direct or indirect discrimination.
4. Rights to Use Materials
To the maximum extent permitted by law, if you post content or submit material to The Childcare Group, including photographs, including material you submit for a job solicitation hosted on The Childcare Group, you grant The Childcare Group a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sub licensable (through multiple layers of sub-licensees) right and licence to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant The Childcare Group, its affiliates, and sublicense the right to use your name and/or user name in connection with the content. When you apply for a job, through The Childcare Group, you are sending your resume and application information to The Childcare Group, and asking The Childcare Group to share that information with a third party. As an employer, when you respond to or contact a jobseeker who has used the The Childcare Group CV product you are sharing that information with The Childcare Group and asking us to share it with the jobseeker. When you, an employer or job candidate, send materials through The Childcare Group Apply and The Childcare Group Resume, The Childcare Group may use those materials for data analysis, quality control, and to provide better search quality and candidate quality results for job seekers and employers. The Childcare Group may also note if the words of a job seeker’s CV match the words of certain job descriptions, in order to improve service to job seekers and employers. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify The Childcare Group and its affiliates from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your licence grant for any such content, please send a certified letter of request to the postal address listed below with a copy of your passport or national identity card (for identity verification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorised to act on behalf of the rights holder; (b) identification of the content for which the licence is to be revoked and information reasonably sufficient to allow The Childcare Group to locate and remove the content on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorised by the rights holder to revoke the licence for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact The Childcare Group for more details.
At your discretion, you may provide feedback to The Childcare Group concerning the functionality and performance of the Website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant The Childcare Group a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple layers of sublicenses) right and licence to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that The Childcare Group may disclose that Feedback to any third party in any manner and you agree that The Childcare Group has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place The Childcare Group under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Feedback, The Childcare Group does not waive any rights to use similar or related ideas previously known to The Childcare Group, or developed by its employees, or obtained from sources other than you.
5. Website Rules
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by The Childcare Group, unless you have been specifically allowed to do so in a separate agreement with The Childcare Group. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with The Childcare Group, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that The Childcare Group has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which The Childcare Group may suffer) of any such breach.
You agree you shall not transmit to The Childcare Group or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, Programme, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”)
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Transmit content that may be harmful to minors
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
- Use the Website to violate the legal rights (such as rights of privacy and publicity) of others
- Promote or encourage illegal activity
- Interfere with other The Childcare Group users’ enjoyment of the Website
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretences
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any The Childcare Group account
- Modify, adapt, translate, or reverse engineer any portion of the Website
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Website
- Reformat or frame any portion of the web pages that are part of the Website without The Childcare Group’s explicit permission
- Contact other The Childcare Group users about multi-level marketing (MLM) Programmes, jobs that require payment to start, and any topics The Childcare Group considers detrimental to its users
- Create multiple The Childcare Group accounts without permission
- Bypass any limitations or suspensions of functionality
- Provide false information in the course of using the Website
The Childcare Group reserves the right to use the content of messages or material sent through or to the Website or The Childcare Group to prevent potentially illegal activities and activities that are detrimental to other users. The Childcare Group reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
6. Registration – Email Address Provision
Some areas of the Website, including setting up a The Childcare Group account, require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. The Childcare Group is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.
We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
7. Change in Service and Terms
The Childcare Group may modify or terminate the Website from time to time, for any reason, and without notice. The Childcare Group reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement.
8. Disclaimer of Warranties
The Childcare Group disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the The Childcare Group results or posted on the Website by The Childcare Group or third parties. The Childcare Group disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Childcare Group disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall The Childcare Group be liable to you or any user on account of that user’s use or misuse of or reliance on the The Childcare Group Website.
The website, and all materials, information, user content, products and services included in the website are provided “as is,” with no warranties whatsoever, either express or implied. The Childcare Group and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Childcare Group and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the The Childcare Group services. The Childcare Group and its licensors disclaim, any warranties for any information or advice obtained through the website. The Childcare Group and its licensors disclaim any warranties for services or goods received through or advertised on the website or received through any links provided by The Childcare Group.
You understand and agree that you download or otherwise obtain material or data through the use of the website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
9. Limitation of Liability
Under no circumstances shall The Childcare Group or its licensors be liable to any user on account of that user’s use or misuse of or reliance on the website, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise, even if The Childcare Group or its licensors have been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the website, from reliance or damage caused by information posted on the website, from inability to use the website, or from the interruption, suspension, or termination of website (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the website or received through any links provided in the website. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the website or any information or merchandise that appears on, or is linked or related in any way to, the website. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall The Childcare Group or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Governing Law and Dispute Resolution
Except for any mandatory application of local law, any action related to these Terms shall be governed by the law of the State of Delaware, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. No failure, omission, or delay on our part to exercise any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
If any Terms change due to applicable law or is declared invalid by order of a court, the remaining Terms will not be affected, and these Terms will be interpreted as if any invalid terms had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms.
These Terms are not subject to any other agreements you have entered into with BGC Global Partners or its representatives, and in the event of a conflict, any such agreements will not govern.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by The Childcare Group. This Agreement, together with any amendments and any additional agreements you may enter into with The Childcare Group in connection with the Website, shall constitute the entire agreement between you and The Childcare Group concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, you understand and acknowledge that The Childcare Group or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. The Childcare Group reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.
The Childcare Group is a jobs board and matching service. Certain other services such as courses and DBS checks are provided by third parties and sister companies. Once such a service is contracted for then the terms and conditions of the party actually providing the service are applicable; in these circumstances The Childcare Group only takes responsibility as facilitator. As a rule this means that The Childcare Group will not refund any moneys once they have been transferred to the actual provider of a service. Payments made to Pre-book any course will not be refunded in any circumstances, as the course trainer is paid before the course.
Any notices to The Childcare Group must be sent to the applicable entity identified in the final paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Programme that is the subject of the notice. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your The Childcare Group Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without The Childcare Group’s prior written consent and any such attempt is void. The Childcare Group may freely assign or delegate its rights and obligations hereunder without notice to you. The Childcare Group and you and The Childcare Group Partners are not legal partners or agents, but are independent contractors.
12 Use of services by minors
The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Services.
BGC Global Partners acts as broker for Childcare Consultancy Group in the UK and EEA. Childcare Consultancy Group and The Childcare Group are trading names & marks of thechildcaregroup.co.uk which is wholly owned and operated by BGC Global Business Partners Inc:
BGC Global Business Partners Inc.
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