Last modified: 9 September 2022
Please read these Conditions carefully as they govern the provision of online child care search services delivered 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 Flat 3, 219 Munster Road London, SW66BU. Our VAT number is 349964637. We operate the website (The Site) ArmyofNannies.com.
- To contact us email: email@example.com
These Conditions apply to any instruction to us from a family (searching for childcare services) or from a nanny (searching for a new childcare position) to search on your behalf, until that search request expires, is paused or is amended or renewed.
- OUR CONTRACT WITH YOU
- These Conditions apply to any search request placed on Army of Nannies 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.
- CREATING AN ARMY OF NANNIES ACCOUNT
- To place a search request on Army of Nannies you must first sign up to create an Army of Nannies account. By doing this you will create 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 all the information supplied within your account file will be truthful, accurate and complete to the best of your knowledge. 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 over 18 years of age at the time of creating an account;
You are not acting in the course of an agency or business (unless you are signing up specifically as an agency or business through the agency portal or employee benefits platform);
You have the right to commence a search for the childcare position on offer or search for a childcare position;
If you are providing childcare, you have the right to work in the UK and you can evidence this to potential employers;
You will not upload any files to Army of Nannies containing a virus and/ or corrupted data.
- If you need to make updates or amends to your account information, you can use the online edit functionality featured within your Army of Nannies dashboard within the Your Profile Folder.
- BEGINNING YOUR SEARCH
- Once your account email address is validated, you will be invited to create a search profile.
- You will then be presented with a guided process to complete your search profile. The search process is informed by the information from your account, and, by the information you add in prompted sections of the search template.
- It is your responsibility to check through the search profile 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 candidates who meet the requirements of your search criteria.
- We will share tailored, anonymised (display name and first half of postcode) 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 and it will be removed from the site. 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.
- If you need to make minor amends to your search criteria, you can use the online edit functionality featured within your Army of Nannies dashboard within the Your Search Folder.
- Army of Nannies reserves the right to pause a search without notification, and regardless of membership status, if a search is deemed to be dormant or unlikely to succeed.
- MAKING CONNECTIONS THROUGH THE SITE
- Anyone with a completed search profile can search anonymised (display name and first half of postcode) lists of profiles that match their requirements and shortlist profiles of interest.
- Site users can select whether to search as or for part-time and full-time childcare and/or search on the site as or for ad hoc childcare (NannySitting).
- To connect with one of the anonymised (display name and first half of postcode) profiles presented on a shortlist, select the ‘Shortlist’ button. We will then invite the profile owner to review and accept your invitation to connect.
- Once they have approved your invitation to connect, we acknowledge that both parties have given us consent to be introduced and as such we have permission to unlock the direct messaging function between the two parties via the website.
- On joint consent to connect, and if the family has full member status (see Section 9: Paid for Services), the direct messaging function will be unlocked for the purposes of making an introduction either within the site through the messaging function or by email.
- We reserve the right to invite a connection where we see a potential fit, be that family to nanny or nanny to family.
- We reserve the right to gift a connetion where joint approval has been achieved but no payment by the family has been made.
- The two consenting parties can contact each other through the site’s ‘message’ function within the Connections Made folder in the dashboard. The message will take the form of an email sent to the email address attached to the profile. Using this function will allow the sender/recipient’s email address to be visible to the other party.
- We encourage timely responses to invitations to connect as delays may result in one of the parties becoming unavailable.
- 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.
- If an account is not accessed for a significant period of time, we will take the view that the search request is dormant and automatically pause your search.
- BROADCASTING YOUR SEARCH
- When a search is live, you agree to allow us to create a templated advert from the anonymised (display name and first half of postcode) 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 we create (whether paid for or free) unless explicitly 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, unless we explicitly agree otherwise.
- 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 or within an ad.
- Images that form part of the user’s profile or subsequent search advert may be checked by us to ensure they are appropriate. If an image is deemed to be inappropriate, it will be deleted from the site and/or the search will be removed entirely from Army of Nannies without notification.
- 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.
- 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 website or app 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.
- 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.
- CHARGES AND PAYMENTS (Families only)
- Our site is free for nannies and childcare providers
- There are THREE products that families can pay for:
- Product 1: Full membership
- Families pay to achieve full member status
- Full member status enables profile to profile messaging between consenting/jointly approved profiles
- The term and price of full member status is as described on the pricing page of the site and at the point of purchase
- Once the contact details of a consenting profile are secured, users can continue to communicate with that profile either directly or through the site, irrespective of membership status
- If a user’s full member status lapses, they can resecure full member status by purchasing an extension
- Product 2: Pay to contact a single, jointly approved nanny
- If a family does not wish to purchase Full Membership, they can pay a one-off fee to allow messaging a single, jointly approved profile
- The price of securing a single nanny is as described on the pricing page of the site and at the point of purchase
- Product 3: Boost your search
- If a search is urgent, families can boost their search to ensure more nannies see their vacancy
- Boosting a search ensures the family’s profile is placed in a more prominent position on a match list
- Boosting a search also secures a social ad campaign placing the family’s ad across owned earned and paid for social media channels
- The term and price of full member status is as described at the point of purchase
- Pricing and charges are inclusive of VAT
- All site payments are processed through Stripe, our online payments service provider. As such, we do not hold your bank account or card details.
- All payments will be received in advance of securing our paid-for services.
- If payment is cancelled, for whatever reason, we reserve the right to suspend all products immediately.
- If a charge is disputed, the family must contact us within 7 days of the charge that is in dispute. To raise a dispute with us, please email firstname.lastname@example.org with all of the details you have available.
- We will under no circumstance be liable to refund all or part of the Charges in the event of the suspension of any products and/or cancellation or termination of the agreement (for any reason). We have the right to change our products, charges, 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 the publication of the revised products and charges rates.
- 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.
- We may immediately suspend or terminate the contract and stop a search where you breach a term of these Conditions;
– We reasonably suspect that you are not complying with the provisions of Condition 2.4;
– You are an agent masquerading as a private family or nanny (unless you have specifically joined the site as a childcare agency;
– If in our reasonable opinion, we have cause 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 10.2 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 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. 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 and be introduced to potential childcare solutions.
- If, as a result of placing a search for childcare solutions with Army of Nannies you appoint a childcare provider introduced to you via our site, we will not be connected in any way to the filling of that position, and we 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 your 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 (display name and first half of postcode) 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. If your anonymised (display name and first half of postcode) 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.
- AGENCY SEARCHES
- 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 or sign up specifically as an agency through the site. Please also review the Agency Portal Terms and Conditions.
- If you are an agency acting in the course of your business, you are not permitted to pass yourself off as a private family. 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. 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. Creating an Agency Search account will ensure you are compliant to the relevant Trading Practice Regulations.
- 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.