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| 1. Definitions and Interpretation |
1.1 |
Where the context allows, the words and expressions defined below shall have the meanings respectively attributed to them and the rules of construction set out below shall apply to this agreement.
- “Company” means Digital Video Interview Services Limited.
- “Member” means any individual who has successfully registered and paid the applicable registration fee.
- “Website” means www.digitalvideonannies.co.uk
- “Database” means the confidential information located within the website which only Members may access upon entering a correct username and password. The data base contains details of nannies seeking employment and of employers seeking to hire nannies.
- “Joining Fee” is the payment required for Membership.
- “Sign-In” is the requirement of a valid user-name and password by the Member.
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1.2 |
Business undertaken by the Company is transacted subject to these terms and conditions, all of which shall be incorporated into any agreement between Company and the Member. In the event of any conflict arising between these terms and any other terms and conditions, these terms shall prevail unless there has been express written authorisation by a director of the Company or other authorised officer of the Company. No variation in these terms shall be valid if made without the written consent of a director or other authorised officer of the Company. |
1.3 |
Use of this website is governed by these terms and conditions and Members agreed to be bound by them when they access the website. |
1.4 |
The complete or partial invalidity or unenforceability of any provision herein for any purpose shall in no way affect the validity and enforceability of such a provision for any other purpose or the remaining provisions. Any such provisions shall be deemed to be severed for that purpose subject to such consequential modification as may be necessary for the purpose of such severance. |
1.5 |
Unless the context otherwise requires, words incorporating one gender shall include all other genders and words incorporating singular include the plural and vice versa. |
1.6 |
The headings in these terms and conditions shall not affect its interpretation or construction. |
1.7 |
This website is to be used for lawful purposes only. |
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| 2. Registration |
2.1 |
A prospective Member must correctly register through the website and pay the applicable fee to obtain a valid Membership. |
2.2 |
Membership constitutes a legally binding contract with the Company for the provision of the services of the Company. |
2.3 |
Upon obtaining a Membership and after entering a valid username and password, the Member is entitled to unrestricted access the website database. |
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| 3. Username and Password |
3.1 |
After obtaining a Membership the Member will be requested to sign in on each and every occasion that they seek to access the website’s database. |
3.2 |
The Member is solely responsible for the protection, security and proper use of their password and username. |
3.3 |
The Member is solely responsible for ensuring that their password and username remains confidential and that it is not disclosed to any other person. |
3.4 |
The Company will not accept liability for any unauthorised or improper use of a Member’s password or username. |
3.5 |
The Member is solely responsible for all activities that occur under their own username and password. |
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| 4. Services of the Company |
4.1 |
The Company will provide a website which will contain a database for restricted use by members only. |
4.2 |
The website database will contain the details of all registered Member’s data separated into two sections namely the details of nannies seeking employment and the details of employers seeking nannies. |
4.3 |
Members will be provided with the contact details of other Members registered on the database. |
4.4 |
The Company will use all reasonable endeavours to obtain accurate, complete and up to date information from all Members for publication on the database however the Company cannot guarantee that all data placed in the database by members is correct and furthermore cannot accept any liability arising from any inaccurate information provided by Members. |
4.5 |
The Company may modify, suspend or discontinue the website at any time without notice without any liability to any Member or third party. |
4.6 |
The Company will use its reasonable endeavours to provide the website 24 hours per day but cannot guarantee that service will be uninterrupted or error free |
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| 5. Obligations of the Member |
5.1 |
The Member is responsible for providing all information requested by the Company (or so far as it is reasonably possible to provide such requested information) and such information provided by the Member must be correct, accurate and up to date. |
5.2 |
The Member must use its reasonable endeavours to ensure that any files or data provided for publication on the web site will be free from any viruses or any other routines or engines that may damage or interrupt the website. |
5.3 |
Members must not behave in any inappropriate way or in any way that would be unlawful or illegal. The Company cannot monitor the conduct of members but any information that it receives about other Members acting in such a prohibited manner will result in investigation. |
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| 6. Information on the Database |
6.1 |
None of the information available on the website or on the database is to be relied upon by any member as a statement or representation of fact. |
6.2 |
The Company has no control over the use to which the information on the website and data base will be put to, and cannot be liable for any loss or damage arising out of or in connection with the use of such information. |
6.3 |
The Member acknowledges that any reliance upon information provided by another Member within the database is done so at his or her own risk. |
6.4 |
The Member accepts that no warranty as to the suitability of other Members has been or will be given by the Company |
6.5 |
The Company cannot guarantee to find a suitable candidate to each employment vacancy offered or a suitable employment vacancy for each nanny registered. The Company will only be responsible for providing a conduit through which Members may contact one another. |
6.6 |
The Company reserves the right to remove from the database and/or website at its discretion, any information which is found to be false or inaccurate and the Member must indemnify the Company for any cost incurred by the removal of such information. |
6.7 |
The Company reserves the right to prevent a Member from accessing the website database and/or may terminate the registration of the Member at its absolute discretion without any obligation upon it to give an explanation. |
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| 7. Liability |
7.1 |
To the full extent permitted by the law, the Company accepts no liability for any loss whatsoever suffered by a Member whether directly or indirectly arising from a Member’s use or misuse of the website or its database. Such liability includes contractual, tortious (including negligence) or otherwise. |
7.2 |
The Company excludes any liability for any losses identified in paragraph 7.1 above even if it has been expressly advised about the possibility of such loss. |
7.3 |
The Member agrees to indemnify the Company and to continue to indemnify the Company against all costs, claims, liability, losses, expenses or proceedings arising from their use or misuse of the website or database. |
7.4 |
Any disputes that arise between Members using the website or database are solely the responsibility of those Members involved and the Company will have no liability arising from any such disputes. |
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| 8. Jurisdiction |
8.1 |
The Law of England and Wales governs these terms and conditions and the general use of the website. The English Court system will be responsible for regulating any disputes that arise between the Company and a Member(s). |
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| 9. Changes to Terms and Conditions |
9.1 |
These terms and conditions may be changed at any time by the Company and the Member will be deemed to have accepted any such changes when they next use the website and/or enter the database following any such alteration. |
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| 10. Termination |
10.1 |
Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended) the Member may postpone commencement of the service until the 7 day cooling off period has expired. If the Member chooses to become a Member and enter the website however, they will have elected to commence the service immediately and will have thereby waived any right to cancel the service under the above regulations. |
10.2 |
The Membership may be terminated at any time by the Member upon receipt by the Company of a written notice of termination. |
10.3 |
The Company reserves the right to terminate a Member’s Membership at any time if the Member has breached any of these terms and condition. |
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