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Terms and Conditions

 

 

Welcome to Childminder.ng (the “website”). These "Terms and Conditions" apply to the website, and all of its divisions, subsidiaries, and affiliate operated internet sites which reference these Terms and Conditions.

This website is owned and operated by Chayse Consulting Ltd. For the purposes of this website, "we", "us" and "our" all refer to childminder.ng.

This page sets out the legal terms and conditions (or “Conditions”) under which we, Childminder.ng, (the “Company”), provide an online meeting platform for parents and child care service providers. By applying to participate in the services provided herein, you indicate that you accept these Conditions and that you agree to abide and to be wholly bound by them.

Please understand that if you refuse to accept these Conditions, you will not be able make use of any services available on our website.

The website reserves the right, to change, modify, add, or remove any part of the Terms and Conditions at any time. Changes will be effective when posted on the website with no other notice provided.

Please check these Terms and Conditions regularly for updates.

Your continued use of the website following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to seek clarification before continued use.

These Terms and Conditions fully govern the use of this website.

1. Information about us

1.1 We operate the website www.childminder.ng. We are Chayse Consulting Ltd a company registered in the United Kingdom with registration number 07213509 and with registered office at Regus, 960 Capability Green, Luton. Bedfordshire. LU1 3PE.

1.2 Should you wish to contact us about these terms and conditions please do so via our website Contact Us page.

2. Applying for Membership and Membership Renewals

2.1 You need to register with us as a member (Member) in order to participate in the Services. A member can be a child care service provider (a person or organisation offering babysitting, childminding, nursery, private tutoring, midwifery or maternity nursing services) or a parent (a parent or guardian seeking child care assistance from a child care service provider). Service providers can advertise their services on our website and Parents can search directories on our website to find a local service provider.

2.2 Our website and our Services are only intended for use by people resident in Nigeria and are not available to persons outside Nigeria. By applying to be a Member, you warrant that you are based in Nigeria and that you are at least 18 years old. You agree that you will not create multiple accounts with us. We do not accept applications from child care agencies

2.3 Where you are a Service provider you warrant that all services provided by you to a Parent will comply with all relevant legislation and regulations affecting child care services in Nigeria and that you hold all appropriate licences and registrations required.

2.4 After completing and submitting an online application form, you will receive an e-mail from us acknowledging that we have received your application to become a Member. Please note that this does not mean that your application has been accepted. Your application form constitutes an offer to become a Member subject to these Conditions. All applications are subject to acceptance by us at our sole discretion.

2.5 Certain Services (e.g.  Member to Member messaging services) are available only to Members who have subscribed to our Prime Membership service. Payment for our Prime Membership service (Prime Membership Fee) can be made by all major debit and credit cards or Direct Debit as detailed on the Membership page of our website (available to logged in members).

2.6 Basic Membership is free but only guarantees accessibility to the Childminder website. Any contact between members can only be done between members who have subscribed as Prime members.

2.7 Childminder offers a Concierge Service which attracts a One-Off charge and is subject to change. This service is not compulsory and is offered to members who desire Childminder to perform the following services on their behalf:

  1. Pre- Interview with Chosen Candidates;
  2. Legal Advice on Childcare and Employment;
  3. First Aid Training for chosen candidates.

2.8 Childminder, in the performance of the Concierge service, does not in any way accept liability for any breach arising from wrong information provided by any party. Parties are still required to confirm information provided through the Concierge Service.

3. Our status

3.1 We act as an online portal to introduce parents and child care service providers to each other. When you enter into a contract for the supply of services and/or any goods with a parent or a service provider advertised on our website, the contract will be between that parent and the service provider.

3.2 We at Childminder are not a party to the contractual relationship between the service providers and the parents (whether oral, written or other contract). It is up to you to ensure that you are satisfied with the suitability of any engagement, to confirm the identity and the status of those involved and to check any credentials and we shall have no input or liability in that respect.

3.3 You acknowledge and agree that in making this website and any adverts or profiles placed by you which are available on the website, we are not acting as an agent of any visitor or user of our website or as an agent of any parent and/or service providers.

3.4 We do not assume any responsibility for services between parents and service providers or any other third party suppliers or for any statements made by them and we make no representations or warranties, whether express or implied, about the suitability or quality of any services or goods which appear on our website or any statements made about them (including, but not limited to, any profile’s reviews of service providers). In addition, we take no steps to verify the identity of any parent or service provider, any statement made about them or any relevant qualifications or experience.

3.5 We do not endorse any comments, opinions or reviews made by anyone on our site and we do not review their accuracy or content, but we reserve the right to remove any comments, opinions, reviews or other materials from our site which we believe do not comply with our policy.

3.6 Without prejudice to the generality of the above:

(a) where you are a parent, you will be solely responsible for the engagement of a Service Provider on terms acceptable to you, for verification of its identity, qualifications, credentials and experience and for all necessary direction, supervision and control;

(b) where you are a Service Provider, you acknowledge that we do not guarantee any recruitment or engagement of you by a Parent and you must satisfy yourself of the suitability of any engagement and any arrangements.

3.7 We may also provide links on our website to the sites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our website, or from companies to whose site we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.

3.8 Nothing in these Conditions shall be deemed to constitute a partnership or an employment relationship between you and us, nor will anything be deemed to constitute one party the agent of the other for any purpose.

3.9 You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in the event:

(a) that we are held to be acting as your agent in performing our obligations or any Services under these Conditions;

(b) of any breach by you of these Conditions;

(c) of any dispute between any Parent and Service Provider.

4. Rights and Obligations

4.1 As a Parent, you have a legal right  to cancel a contract (without giving any reason) for the purchase of goods and/or services by no later than the end of fourteen (14) calendar days from the day of the conclusion of the contract with a Service Provider.

4.2 As a parent, you have the obligation to ensure that the safety of your child by confirming the identity and qualifications of the Service Provider you desire to employ. Even when Childminder, under the Concierge services, offers its recommendation concerning any Service Provider, it remains the duty of any Parent to confirm any such information.

4.3 As a Service Provider, you are under the obligation of ensuring that the services provided by you are in agreement with the Child Rights Act of 2003.

4.4 As a Service Provider, you are under a strict duty to provide truthful and honest information when required. Any rights which accrue, to your advantage, under circumstances where wrong information was provided by you, are deemed waived by virtue of the wrong information.

5. Accessibility of website

5.1 Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

5.2 Occasionally, we may restrict access to some parts of our site, or the entire site, to users who have registered with us.

5.3 If you are provided with a username, identification code, password or any other piece of information as part of our security measures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions.

If you know or suspect that anyone other than you knows your security details, you must promptly notify us info@childminder.ng

5.4 When using our site, be sure to comply with our terms and conditions as set out herein.

6. Data protection and privacy policy

6.1 Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Site. By using our site, you consent to such usage and you warrant that all data provided by you is accurate and complete.

7. Intellectual property

7.1 Parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the website, information content on the website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorised use of the material and content of this website is strictly prohibited

All such rights are reserved.

7.2 This domain name www.childminder.ng  is a trade mark owned by our Company.

8. Information available on website

8.1 You accept that the information available on this website is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information, it should not be relied upon without proper investigation and confirmation, and it does not in any way constitute either a representation or a warranty or a guarantee.

8.2 Representations expressed on this website are those of the vendor and are not made by us. Comments, submissions or opinions expressed on this website are those of the individual posting such content and may not reflect our opinions.

8.3 You must make all appropriate investigations before engaging with a Parent or Service Provider.

8.4 Any of the material on our site may be out of date at any given time, and we are under no obligation to verify or update such material.

9. Our liability

9.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the services, our website or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9.3 Subject to clauses 9.1, 9.2 and 9.4, the Company’s aggregate liability in respect of claims based on events arising out of or in connection with the website services, these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total charges paid by you for Membership Fees in the calendar year in which the claim arises.

9.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

10. Uploading material to our website

10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the acceptable use policy set out in clauses 10 to 12.

You accept that any such uploads will comply with those policies, and you indemnify us for any breach of that warranty.

10.2 Any material you upload to our website will be considered non-proprietary and we have the right to use, copy, distribute, remove and disclose to third parties any such material in accordance with these Conditions and our privacy policy. We also have the right to disclose your identity to any third party who is claiming that any material uploaded by you to our website constitutes a violation of their intellectual property or other rights.

10.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded by any user of our website.

10.4 Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Nigeria and in any country from which they are posted.

10.5 Contributions must not:

(a) contain any material which is defamatory of any person;

(b) contain any material which is obscene, offensive, hateful or inflammatory;

(c) promote sexually explicit material;

(d) promote violence.

(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) infringe any copyright, database right or trade mark of any other person;

(g) be likely to deceive any person;

(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i) promote any illegal activity;

(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(k) be likely to harass, upset, embarrass, alarm or annoy any other person;

(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(m) give the impression that they emanate from us, if this is not the case; or

(n) advocate, promote or assist any unlawful act such as copyright infringement, computer misuse, etc.

(o) contain any direct contact details including email addresses, phone numbers, web addresses, facebook pages or similar details unless it is expressly stated that they are allowed.

10.6 We have the right to remove any material or uploads you make on our website if, in our opinion, such material does not comply with our acceptable use policy set out in clauses 10 to 12 or as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.

10.7 You shall be responsible for the accuracy and completeness of your contributions and for ensuring that that they are current and up to date.

10.8 We have no obligation to you, and undertake no responsibility to review your contributions, including user-generated content, to determine whether they may result in any liability to any third party.

10.9 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that any material posted, or linked to, our site by you constitutes a breach of our acceptable use policy set out in clauses 10 to 12.

11. Prohibited use of the website

11.1 You may use our website only for lawful purposes. You may not use our website:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way;

(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy as set out in clauses 10 to 12;

(e) to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

11.2 You also agree not to access without authority, interfere with, damage or disrupt:

(a) any part of our website;

(b) any equipment or network on which our website is stored;

(c) any software used in the provision of our website; or

(d) any equipment or network or software owned or used by any third party.

12. Interactive services

12.1 We may from time to time provide interactive services on our site, including, without limitation, chat rooms and bulletin boards (Interactive Services). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

12.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

13. Suspension and termination

13.1 We will determine, in our discretion, whether there has been a breach of these Conditions through your use of our website. When a breach of these Conditions has occurred, we may take such action as we deem appropriate.

13.2 Failure to comply with these Conditions may result in our taking all or any of the following actions:

(a) immediate, temporary or permanent withdrawal of your membership and the right to use the website;

(b) immediate, temporary or permanent removal of any posting or material uploaded by a user of the site;

(c) issuance of a warning to a user who is in breach;

(d) legal proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) further legal action against the user; or

(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13.3 We exclude liability for actions taken in response to breaches of these Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

13.4 The contract between us for the supply of the Services will continue until you cancel subscription or until one of us terminates the contract pursuant to clause 13.2, 13.6 or 13.7. You are responsible for cancelling your subscription with us when you no longer require our services. You can do this on our site on the cancellation page.

13.5 You may terminate the contract between us for the supply of the Services with immediate effect by giving us written notice or via our site at info@childminder.ng if:

(a) we break these Conditions in any material way and we do not correct or fix the situation within 7 days of you asking us to in writing by contacting us at info@childminder.ng

(b) we go into liquidation or a receiver or an administrator is appointed over our assets;

(c) we change these Conditions under clause 22 to your material disadvantage;

(d) a Force Majeure Event (see clause 18.1) arises and continues for longer than one calendar month.

13.7 We may cancel the contract between us for the supply of the Services at any time with immediate effect by giving notice at our sole discretion.

14. Links and Third Party websites

14.1 We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

14.2 In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

14.3 Our site must not be framed on any other site and creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

14.4 If you wish to make any use of material on our site other than that set out above, please address your request to us via our website contact page.

14.5 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. Notices

All notices given by you to us must be sent to info@childminder.ng  We may give notice to you at either the e-mail or postal address you provide to us when you join or place an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

17. Transfer of rights and obligations

17.1 These Conditions are binding on you and us and on our respective successors and assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Conditions without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Conditions at any time.

18. Force Majeure

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by events outside our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of the government.

19. Waiver

19.1 If we fail at any time to insist upon strict performance of any of your obligations under these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.

19.2 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

20. Severability

If any of these Terms and Conditions is determined by any competent court or tribunal to be invalid, unlawful or unenforceable to any extent, such terms and conditions will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement

21.1 These Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.

21.2 We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.

21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

21.4 Nothing in this clause limits or excludes any liability for fraud.

22. Our right to vary these conditions

22.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

22.2 You will be subject to the latest Conditions in force at the time that you become a Member or which are in force at the time you login to our website, unless notice of any change to these Conditions is required to be made by law.

23. Applicable Law and Jurisdiction

23.1 These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

24. Disclaimer

Childminder.ng is an online platform for parents and childcare providers to connect with each other directly. Childminder.ng does not employ, recommend or endorse any childcare provider or childcare seeker nor is it responsible for the conduct of any childcare provider or childcare seeker. Information provided on childminder.ng by registered users are made available to both childcare seekers and childcare providers to enable users connect and make informed decisions.

Therefore each parent is solely responsible for verifying the identity and vetting any childcare provider or any person they choose to engage with on/from our website and for complying with all applicable laws in connection with any employment relationship they establish

Also every childcare provider is solely responsible for verifying and vetting any parent they engage with on our website.

25. Your concerns

If you have any concerns about material which appears on our website, please contact us on our website contact page at www.childminder.ng