Please read these Conditions carefully as they govern the provision of a digital advertising and search package by us to you.
We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.
- In these Conditions, “we”, “us” or “our” means Army of Nannies Ltd. When we refer to “Army of Nannies” this includes the website located at www.armyofnannies.com (Army of Nannies Website”), and all other Army of Nannies platforms including the Army of Nannies App owned and operated by us.
- Army of Nannies Limited (company number 12253448) is a company registered in England and Wales and our registered office and trading address is at Flat 3, 219 Munster Road London, SW66BU. Our VAT number is [VAT NUMBER]. We operate the website (The Site) ArmyofNannies.com.
- To contact us email: firstname.lastname@example.org
These Conditions apply to any instruction to search for childcare on your behalf, and if that search request is renewed and/or amended until that search request expires or is amended or renewed.
OUR CONTRACT WITH YOU
- These Conditions apply to any search request placed on Army of Nannies by a family alerting their need for childcare and together with all other policies and terms posted on the Army of Nannies Website, set out the terms on which we enter into a contract with you to provide you with access to our platforms and search services.
- By placing a search request with us, you are deemed to have accepted these Conditions.
PLACING A SEARCH REQUEST
- To place a search request on Army of Nannies you have to first complete a free sign up profile. By doing this you will be given a username and password. It is your responsibility to keep this secure. Army of Nannies will not be liable if you fail to keep your password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third-party gains unauthorised access to your account.
- You agree that the information supplied with your sign up profile will be truthful, accurate and complete. You also agree that you will not attempt to sign up in the name of any other individual nor will you adopt any username which is offensive.
- You warrant that:
You are a resident in the UK;you are not acting in the course of an agency or business;You have the right to commence a search for the childcare position on offer or search for a childcare position;you will not upload any files to Army of Nannies containing a virus and/ or corrupted data.
BEGINNING YOUR SEARCH
- To begin the search process with Army of Nannies, once your profile is complete, select ‘Start Search’ from within your dashboard. You will then be presented with a search template that is in part directly informed by the information on your profile. And, in part informed by information you add in prompted sections of the search template.
- It is your responsibility to check through the search template prior to commencing your live search with us and to amend any details that are incorrect. You can make amends to a live search but it is advantageous to you to get it right the first time.
- If we accept your search, whilst we cannot give any guarantees regarding timescales, we aim to process and commence your search within 24 hours of receipt.
- When your search goes live, we will employ our intelligent search algorithm to shortlist potential solutions that meet the requirements of your search criteria.
- We will share tailored, anonymised shortlists on your personalised Army of Nannies Dashboard and alert you through the communication channel(s) you have selected as your preference.
- In the event that a search request has been rejected, we will attempt to contact you to explain why your search has been rejected. Please note that no contract will be deemed to exist between you and us until we have sent you a confirmation email.
- Each search may only feature one position, unless you have taken the option to add additional positions to your search.
- If you need to make minor amends your search criteria, you can use the online edit functionality featured within your Army of Nannies dashboard.
Making introductions to potential candidates
- To connect with one of the anonymised profiles presented on a shortlist, select the ‘Interview’ button. Army of Nannies will then secure approval to share details from the owner of the profile you are interested in. Once they have approved their interest in your profile, we acknowledge that both parties have given us permission to introduce the profiles by sharing their contact information.
- In all cases, the searching family will receive the email address the nanny used to create her profile with us.
- It is the responsibility of the family to make contact with the nanny in a timely way. Failure to act in a timely manner may result in the nanny you have shown interest in taking up a position elsewhere.
- On joint approval, contact details will be shared for the purposes of making an introduction.
Pausing or stopping your search
- You can pause or stop your search at any time from your personalised, in site dashboard. From time to time, we may contact you to confirm your search is still active.
BROADCASTING YOUR SEARCH WITH AN AUTOMATED ADVERT
- When a search is live, you agree to allow us to create a templated advert from the anonymised information you have provided in the search template. These adverts may be placed across all Army of Nannies channels, including desktop, mobile and tablet, and the third-party social media platforms on which Army of Nannies are active.
- You are solely responsible for the copy that forms your search and any subsequent templated adverts, unless agreed otherwise by us.
- If you upload an image to your profile, you agree to also allow us to use these images in templated search adverts.
- We shall have no responsibility for the quality of any images you upload or provide to us. However, we reserve the right at our sole discretion not to include an image within a profile.
- Images which form part of the user’s profile or subsequent search advert may be checked by us to ensure that the content meets the following requirements:
Images submitted for inclusion on a profile or search advert must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.Images submitted for inclusion on a profile or search advert must only contain individuals that have provided to you their permission to be featured within your advert. It is your responsibility to secure all permissions and we take no responsibility if you have not secured the correct permissions.
- If an image does not meet the requirements set out in Condition 4.5, we reserve the right not to publish the image, to remove the relevant image from the profile or search advert or to remove the search in its entirety from Army of Nannies.
OUR RIGHTS AND OBLIGATIONS
- We shall provide a search service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Army of Nannies will be continuously available online or to guarantee the corruption free or error free transfer of an advert to Army of Nannies.
- From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any search is caused.
- We will use reasonable endeavours to remedy faults or errors in the Army of Nannies as soon as possible. You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem.
- We do not monitor or control and shall not be responsible for the content of your search template or the resultant templated adverts we create from the information you provide us which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
- We reserve the right to refuse a search without reason and to classify, edit and delete a search at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/ or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.
- We may at any time remove any or all of the materials from a search request which in our opinion are unlawful or are in breach of these Conditions.
- We may at any time vary the technical specifications of Army of Nannies (or any parts of them) for operational reasons.
CHARGES AND PAYMENT
- At launch, we are offering a free model.
- Full details of the pricing model will be shared prior to launching the paid for model.
- We have the right to change our pricing model and rates at any time and for any reason but any revised rates shall not apply to any search requests placed with us before publication of the revised rates.
INTELLECTUAL PROPERTY RIGHTS
- In respect of any materials which you supply to us (“Materials”), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
- You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.
OUR RIGHT TO TERMINATE THE CONTRACT
- We shall be entitled to terminate the contract with you and stop your search at any time. We will provide you with a stop notice. In such circumstances we shall provide a refund for any unspent credits you have within your dashboard unless we have terminated the contract pursuant to Condition 9.2 below.
- We may immediately suspend or terminate the contract and stop a search where:
you breach a term of these Conditions;you breach any of the provisions of Condition 3.4;we reasonably suspect that you are not complying with the provisions of Condition 3.4;You are an agent masquerading as a private family or nanny;if in our reasonable opinion, we have reason to believe that you have been abusive to our staff or we receive a complaint from a third party regarding your conduct across any of our communication channels, including the website, app and social media channels.any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to stop your search.
- If we stop your search in accordance with Condition 7.2 above, you will not be entitled to any refund of credits within your dashboard.
YOUR RIGHT TO CANCEL AND REFUNDS
- Please note that the search packages provided by Army of Nannies are bespoke packages, tailored to your requirements and are created instantaneously. By committing to connect to a nanny, you consent to us making that introduction within the statutory 14-day cancellation period afforded to consumers, which begins on at the moment you give consent to us to make an introduction.
- By requesting an introduction to a nanny, you acknowledge that your right to cancel the contract at no cost to you will be lost.
- An introduction can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel due to our breach of the contract.
- If, after a 12-week search period, we have failed to present you with any Army of Nannies childcare profiles for evaluation, you will be automatically refunded the last fee you paid for search credits. And you will be notified that we have taken this action by email and on your Army of Nannies dashboard.
- Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.
- If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the advert was published and the contract was formed.
- We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Army of Nannies, your search and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Army of Nannies or your downloading of any material posted on it or on any website linked to it.
- We cannot guarantee that by starting a search on Army of Nannies, you will fill the position in question and we do not commit to finding a childcare solution for you. Our role is solely to provide a platform on which you can search for childcare solutions.
- If, as a result of placing a search for childcare solutions with Army of Nannies, we will not be connected in any way to the filling of that position and will not be liable or responsible under any contract for childcare which you might enter into with a third party.
- You agree that any questions and complaints regarding a live search will be your responsibility only and that we do not have any liability in this regard.
- In the event of any error or omission in a live search, we may at our sole discretion amend the relevant part of the search template. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the search or where it arises as a result of incorrect or inadequate information provided by you.
- We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, pandemic, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
- Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
DATA PROTECTION AND SECURITY
- We take security very seriously and provide advice on the Army of Nannies Website on steps you can take to ensure your safety and security when searching for childcare solutions.
- By commencing a search with us, you are requesting that we apply our proprietary search solutions to present you with at least one Childcare solution.
- We may also create anonymised digital adverts from your search templates for sharing across our Army of Nannies channels. This means that these adverts and all information contained within them can potentially be viewed by all persons with internet access throughout the world. We will never share your personal details. And if your anonymised adverts generate interest from a childcare professional, you will be alerted within your dashboard and on the communication channels you have given preference to. You consent to the publication of your data in this way.
- Within the Army of Nannies site, there is also a customer to customer messaging tool that withholds your personal details from persons viewing who have seen your search. This enables them to contact you through the Army of Nannies site without the need to share your personal details. This is not optional. By placing a search with us, you acknowledge and agree that your communication with persons interested in your search will be via consent to the use of our customer to customer messaging tool.
- We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
- Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
- These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
- These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.
- These Conditions relate to FAMILY & NANNY SEARCHES ONLY. If you are an Agency and you would like to search for childcare solutions on the Army of Nannies website please email email@example.com
- If you are an agency acting in the course of your business, you are not permitted to pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all searches placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the searcher is acting on his own behalf, or for some other person. Customers should be able to tell whether a search relates to an agency or a private family. It is the responsibility of the searcher to comply with the Regulations. If you are an agency acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are an Agency.
- We may, in our sole discretion, stop any search that has been placed as private search which we reasonably believe has been placed by an agency acting in the course of a business. In such circumstances, you will not be entitled to any refund and you may be charged an administration fee by us. The administration fee in such circumstances is £100 per search.