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Terms and conditions

Please read these Terms and Conditions and our Privacy Statement carefully.
They contain important information about your rights and obligations.

1 Introduction
  1.1 Please read these terms and conditions and privacy policy carefully before using this Website operated by Go Now Media Limited ("our", "we" or "us") accessible via the URL http://www.childcarenow.co.uk (the "Website"). The terms and conditions, privacy statement, disclaimers and instructions on this Website form the entire agreement (the "Agreement") between us and you the Website user (“Website User(s)”)
  1.2 In particular we draw your attention to clauses 3 (Vetting), 4 (Liability), 5 (Conditions of Access) , 6 (Information You Provide) and 7 (Content Provided).
  1.4 Without prejudice to the above, by using or accessing our Website you agree to be legally bound by the Agreement as it applies to your use or access to our Website. If you do not wish to be bound by this Agreement then you may not use our Website and must stop immediately.
  1.5 This Website is intended to be used by United Kingdom based individuals. If you are outside the United Kingdom and use this Website you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.
2 Nature of Our Website
  2.1 Our Website is designed so that both those looking for a job ("Job Seekers") and those person(s) or organisations with whom contact is made or who use our Website seeking to fill a vacant position ("Employers") can be brought together.
  2.2 Job Seekers who register (“Registered User(s)”) on the Website can search and contact Employers on the Website and will receive notification by email of Employers that match their specific job type specification (the "Service(s)").
  2.3 Employers who register (“Registered Users(s)”) on the Website can search and contact Job Seekers on the website and will receive notification by email of Job Seekers that match their specific job posting ("Job Posting(s)") as specified in (the "Service(s)").
3 Vetting
  3.1 We have not vetted, interviewed or carried out any background checks of any kind on any of the Employers who post Job Postings on this Website and for the avoidance of doubt we do not make any representation or give any warranty for the accuracy or fitness for purpose of any information on this Service and the use made of any information provided by the Job Seeker passed to Employers and we accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of employment with an Employer deemed suitable by the Job Seeker. Any concerns these must be dealt with directly between the Job Seeker and the Employer.
  3.2 We have not vetted, interviewed or carried out any background checks of any kind on any of the Job Seekers who apply for a Job Posting posted on this Website to determine whether the Job Seeker is a suitable applicant for working in the childcare sector. We accept no liability whatsoever in respect of the placement of a Job Seeker deemed suitable by the Employer to the fullest extent permitted by applicable law.
  3.3 We do not carry out any checks on the Job Seeker and these will be undertaken by the Employers if they decide to employ the Job Seeker. Further information on the checks that should be undertaken in the United Kingdom are available from the Criminal Records Bureau website at www.direct.gov.uk/crb.
  3.4 It is unlawful for a Job Seeker to work in the United Kingdom without the correct permissions to work and live in the United Kingdom. We accept no liability for Job Seekers who do not hold relevant work visas or residency status. The Employers warrant and undertake to us that they will carry out all the relevant background checks to confirm that the Job Seeker has all the appropriate permissions to work in the United Kingdom or the country in question.
4 Liability
  4.1 We will do our best to ensure that all materials, questions and information published on our Website are accurate. However, Website Users acknowledge that we are reliant on the information provided by Job Seekers and Employers and have no independent means of verifying the accuracy of this information and do not check its authenticity.
  4.2 Website Users therefore agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising.
  4.3 All materials and information on our Website are provided on an 'as is' basis. We exclude implied terms, conditions, warranties, representations or endorsements whatsoever so far as we are able with regard to any material posted on this Website by Job Seekers or Employers or any information or service provided through our Website.
  4.4 We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business whether direct or indirect in each case, however caused, even if foreseeable to the fullest extent permitted by applicable law. In circumstances where the Website User suffers loss or damage arising out of or in connection with a viewing, use or performance of the Services or the materials shown on this Website, we accept no liability for this loss or damage, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or on our servants, agents or any other person or entity.
  4.5 If we are liable to a Website User for any reason, our liability will be limited to the amount paid by you for the Services in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from fraudulent misrepresentation.
  4.6 Website Users are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Service and is compatible with our Website. Website Users also understand that we cannot and do not guarantee or warrant that any material available for down-loading from the on-line servers will be free from infection, viruses or other code with contaminating or other destructive properties. Website Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
  4.7 The limitations and exclusions in this condition do not affect the Website Users non excludable statutory rights and can be applied to the extent permitted by applicable law.
5 Conditions of Access
  5.1 Access to the service offered on our Website is dependent upon the registration being accepted by us. The Website User must complete the form accurately and include all required relevant information. If we are notified by any source that any information supplied is false then we will remove your information from the Website and notify any relevant authorities which we deem suitable. We may terminate or suspend a Website Users use of the Services at any time acting in our sole discretion if they are found in breach of any of these terms and conditions.
  5.2 Registered Users must ensure that their password (if issued) is kept confidential and must not allow any other third party to use their password. If we have reasonable grounds to suspect that this sub-clause is breached we may change the password or suspend your access to the Services.
  5.3 We reserve the right to restrict access to our website and/or services at any time without being required to give any explanation.
6 Information You Provide
  6.1 The following applies to any information Employers or Job Seekers provide to us, for example during any registration or ordering.
  6.2 Employers and Job Seekers authorise us to use, store or otherwise process any personal information which relates to and identifies them, including but not limited to their name and address, to the extent reasonably necessary to provide the Services. Information collected by us shall be referred to in these terms and conditions as, "Personal Information".
  6.3 Job Seekers agree that upon completion and submission of the application form all Personal Information you have provided will be forwarded directly to the relevant Employers that you select.
  6.4 By accepting this Agreement, Website Users agree to the processing and disclosure of the Personal Information for the purposes stated in the privacy policy. Website Users also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to them by means of a notice on our Website, which should be checked regularly. If a Website User would like to review or modify any part of their Personal Information then they should login to their account and modify the Personal Information on-line or email us detailing the changes that they wish to make.
  6.5 For more information about how we deal with your Personal Information, please read our Privacy Statement.
  6.6 Employers are solely responsible in all aspects for all use of Personal Information supplied directly to them by Job Seekers in the form of applications and curriculum vitaes. Employers are solely responsible for ensuring that they hold, if necessary, the requisite data protection registrations or equivalent in any applicable jurisdiction and that they fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.
  6.7 Employers must ensure that the Personal Information provided is accurate and complete and that all ordering or contact details contain your correct name, address and other request details.
  6.8 Job Seekers must ensure that the Personal Information you provide is accurate and complete and that all contact details contain your correct name, address and other request details.
  6.9 We have the right to monitor any information provided by Website Users and may edit, reject or remove such information if we believe it is offensive or objectionable in any way and Website Users warrant that the information provided is not libelous or in any way unlawful, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate.
  6.10 We reserve the right to modify, add or remove any part of or all of a Website Users information supplied by them from our website at any time without being required to give any explanation.
7 Content Provided
  7.1 Upon registration, Employers may add, edit or delete their Job Posting ("Content") and Job Seekers may add, edit or delete their profile ("Content").
  7.2 Employers and Job Seekers must own or have the right to submit Content for publication on our Web Site and ensure that:
    7.2.1 it does not infringe the copyright, design, privacy, data protection, trade mark or any other rights of any third party; or
    7.2.1 is not obscene, abusive, threatening, libelous or defamatory of any person, entity or organisation;
    7.2.3 is not racist sexist or homophobic; or
    7.2.4 is not pornographic, obscene, profane or vulgar; or
    7.2.5 is not abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website; or
    7.2.6 does not infringe the rights (including the intellectual property right) of any person; or
    7.2.7 is not related to the conduct of a business; or
    7.2.8 does not contain html tags or domain names relating to any other company without our prior approval; or
    7.2.9 is not otherwise offensive in our opinion.
  7.3 Website Users may not download, store, reproduce, transmit, display, copy, distribute, supply, sell, license or use the Content other than in accordance with our terms and conditions; or
  7.4 Website Users agree that we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their Content is or may be inappropriate or otherwise does not comply with the above.
  7.5 We may terminate or suspend an account and use of the Services at any time if there is found to be a breach of any of these terms or conditions.
  7.6 Registered Users must ensure that they keep their password confidential and must not allow non-subscribers to access the password. If we have reasonable grounds to suspect that this sub-clause is breached we may change your password or suspend your use of the Services.
  7.7 We reserve the right to edit, delete or use electronic methods to block or filter any Content left on or sent to the Website, including without limitation any Content which contravenes the rules above.
  7.8 Website Users grant us a non-exclusive, irrevocable royalty free, perpetual, worldwide licence to publish, use, distribute, adapt, modify, display, reproduce and transmit such Content in any and all media in any manner in whole or in part without any duty to account to them except any portion of the Content that is personal information. Registered Users have sole responsibility for the Content which is posted on the Website and shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted to us or posted directly on the Website.
  7.9 We reserve the right to modify, add or remove any part of or all of the information supplied by Registered Users or Website Users from our website at any time without being required to give any explanation.
8 Our Provision of Services
  8.1 We will offer technical support during the hours of 9a.m. to 5.00 p.m, Monday to Friday, excluding Bank Holidays. Where practicable all assistance will be provided by email and by telephone if necessary. We will not assist where we establish that it is your software or computer systems at fault. Support emails received outside of office hours will be dealt with on the next business day.
9 Availability of Our Website
  9.1 The internet is an unreliable medium and may not always work and is outside our control. We will try to make our Website available but cannot guarantee that our Website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.
  9.2 We do not accept any liability for loss of data or interruption to the service caused by the breakdown, error, loss of power or otherwise caused by or to your computer system.
10 Copyright Monitoring
  10.1 The contents of the on-line service are protected by international copyright laws, database rights and other intellectual property rights. The owner of these rights is Go Now Media Limited, its affiliates and other third party licensors. All products and company names and logos contained within our Website or the on-line service are the trademarks, service marks or trading names of their respective owners, including us.
11 Linked Websites
  11.1 We make no representations whatsoever in relation to any other websites which you may access through our Website. When you access any other website you understand that it is independent from our Website and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or for the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external links should be directed to its website administrator or webmaster.
12 General
  12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
  12.2 We may alter this Agreement from time to time and post a new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
  12.3 You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages, rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, site disclaimer, payment details and payment method instructions.
  12.4 If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
  12.5 Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
  12.6 These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.
13 Jurisdiction
  13.1 The Agreement and the use of our Website are governed by and construed in accordance with the laws of England.
  13.2 You irrevocably agree for the exclusive benefit of us that the courts of England and Wales shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with this Agreement and for such purposes you irrevocably submit to the jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or relating to this Agreement or any of the documents to be executed pursuant to this Agreement.
  13.3 Nothing contained in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law).
  13.4 You irrevocably waive any objection which you may have or in the future to the courts of England being nominated for the purposes of this clause on the ground of venue or otherwise and agree not to claim that any such court is not a convenient or appropriate forum.
14 Notices
  14.1 All notices shall be sent to us in writing addressed to:
    The Managing Director
Go Now Media Limited
170 Lavender Hill
London
SW11 5TG
    We will respond to you via either the email or the postal address you provide during the registration process.
  14.2 Notice will be deemed received when an email is received in full or else on the next business day if it is received on a weekend or a public holiday in the place of receipt or 3 days after the date of posting.

Go Now Media Limited is a company registered in England.
170 Lavender Hill, London SW11 5TG.

February 2012

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