Terms and Conditions

  1. These Terms
    1. What these terms cover. These are the terms and conditions on which we, Ladybird Recruitment Limited provide an online networking platform connecting businesses that provide childcare services and who advertise job vacancies on our website with pre-screened individuals who provide childcare services and are seeking employment (our Services). Our Privacy Policy also forms part of these terms and conditions (together our Terms).
    2. Why you should read them. Please read our Terms carefully before you register as a Member. These Terms tell you who we are, how we will provide our Services to you.
    3. Agreement. You agree that by clicking “Subscribe” or similar registering, accessing or using our Services, you are entering into a legally binding agreement. If you do not agree to this Agreement, do not click “Subscribe” (or similar) and do not access or otherwise use any of our Services.
  2. Information about us
    1. Who we are. We operate the website www.ladybirdrecruitment.co.uk (Website). We are Ladybird Recruitment Limited, a company registered in England and Wales under company number 7731668 whose registered address is at 3rd Floor, 207 Regent Street, London, W1B 3HH.
    2. How to contact us. You can contact us via link on our Website.
    3. How we may contact you. If we have to contact you we will do so by emailing you, calling you or texting you using the contact details you provided to us in your registration.
  3. Using our Service and becoming a Member
    1. Access to our Services. You need to register with us as a Member in order to participate in our Services.
    2. Who is a Member. A Member is either a business or an organisation that offers childcare services (Employer) or an individual who provides childcare services which includes but is not limited to nursery practitioners, nursery managers or nursery cooks (Candidate).
    3. Eligibility. Our Website and our Services are solely for connecting Members resident in the UK and operating a business in the UK. As a Candidate you must be at least 18 years or older. As a Member you warrant that you comply with all relevant regulations affecting childcare services and that you hold all appropriate licenses and registrations.
    4. Creating a profile. In order to start using our Services, each Member must register and create a profile. After completing and submitting and online application form, you will receive and e-mail from us acknowledging that we have received your application to become a Member. All applications are subject to acceptance by us at our sole discretion. When creating your profile you agree to:
      1. Keep your password secure and confidential;
      2. Upload information in accordance with Content Policy at clause 8 below; and
      3. Be responsible for anything that happens through your account unless you close it or report misuse.
    5. Candidate membership. As a Candidate, there is no fee to becoming a Member and accessing our Services. As part of your registration to become a Member you must verify your email.
    6. Employer membership. You agree to pay us the applicable fees and taxes in order to access our Services. Your membership will be for a minimum duration of one month and will grant you full access to view Candidate profiles and to contact Candidates via our messaging service. You must complete the payment in order to complete registration. Additional one-off fee is applicable if you wish to place a job advertisement. Your membership will automatically renew for another month if you do not cancel it before the next renewal date. You can cancel your membership at any time via ‘cancel your membership’ link. We reserve the right to suspend and/or terminate your membership earlier in accordance with clause 9 below.
  4. Scope of our Services and Member’s Responsibilities
    1. Our Services allow messaging and sharing of information on your profile. Information and content that you share on your profile may be seen by other Members. The content of the messages you send to other members via our messaging service is by default private. We will notify you when you receive a message from another Member.
    2. We do not process your payments for our Services. Payments for our Services can only be made via PayPal. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk.
    3. Offer and acceptance of employment. We provide a platform for you to connect with other Members and we will never be a party to the contract of employment between the Employer and the Candidate. Employer shall be solely responsible for determining whether to offer a contract of employment to a Candidate and a Candidate shall be solely responsible for determining whether to accept an offer of employment.
    4. Compliance with employment legislation. Employer shall be solely responsible for complying with the Immigration Asylum and Nationality Act 2006 and other relevant UK legislation or equivalent legislation in the relevant jurisdiction as well as any regulations or relevant codes of practice regarding the reporting of labour movements, concealed employment and the employment of foreign workers.
    5. You are responsible for your profile and your services. We make no representations or warranties, whether express or implied, about the accuracy, completeness and/or relevance of the information you upload and convey on your profile and we make no representations or warranties, whether express or implied, about suitability or quality of any services which appear on our Website or any statements made about them. We do not assume any responsibility for services provided by or between Employer and Candidate.
    6. No guarantee. We do not guarantee that your recruitment needs will be adequately met. It is up to you to ensure that you choose the right Employer or the right Candidate for the job.
    7. No partnership. Nothing in these Terms shall be deemed to constitute a partnership or any employment or agency relationship between you and us, nor will anything be deemed to constitute one party the agent of the other for any purpose.
    8. 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:
      1. that we are held to be acting as your agent in performing our obligations or any Services under these Terms;
      2. of any breach by you of these Terms; and
      3. of any dispute between any Employer and Candidate.
  5. Accessing our site
    1. We may make changes to these Terms. We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.
    2. We may make changes to our site. We may update and change our Website from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
    3. We may suspend or withdraw our website. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will not be liable if for any reason our site is unavailable at any time or for any period.
    4. Issue of login details. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have 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 Terms. If you know or suspect that anyone other than you knows your login details, password or other security information, you must promptly notify us at [insert link].
  6. How you may use material on our website
    1. Our intellectual property rights. We are the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. Hard copy. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    3. Commentary and other materials posted on our site are for guidance purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You must make all appropriate investigations before entering into an engagement with an Employer or Candidate.
    4. Our trademark. Ladybird Recruitment is our unregistered trademark. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under this clause.
  7. How We May Use Your Personal Information
    1. How we will use your personal information. We will use the personal information you provide to us to supply our Services to you and we will not share you personal information with any third parties.
    2. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate and complete.
    3. Data Protection Act 1998. You warrant that you shall comply with the requirements of the Data Protection Act and any other relevant legal requirements in respect of data protection.
    4. You agree to indemnify us against any loss, damages, costs and expenses (including reasonable legal fees and costs) incurred by us a result of your breach of the above warranty.
  8. Content Policy
    1. Prohibited uses of our site. You may use our site only for lawful purposes. You may not use our site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Policy and Prohibited Uses Policy;
      5. to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      6. 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.
    2. Further prohibitions. You also agree not to access without authority, interfere with, damage or disrupt:
      1. any part of our site;
      2. any equipment or network on which our site is stored;
      3. any software used in the provision of our site; or
      4. any equipment or network or software owned or used by any third party.
    3. Uploading Information onto our Website. This Content Policy applies whenever you upload or contribute to our website. You warrant that any such contributions (Contributions) comply with this policy, and you indemnify us for any breach of this warranty.
    4. Your Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
    5. Your Contributions must not:
      1. contain any material which is defamatory of any person;
      2. contain any material which is obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      11. be likely to harass, upset, embarrass, alarm or annoy any other person;
      12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      13. give the impression that they emanate from us, if this is not the case;
      14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
      15. contain any direct contact details including email addresses, phone numbers, web addresses, social networking pages or similar unless it is expressly stated that they are allowed.
    6. Our right to disclose. Any material you upload to our site will be considered non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material in accordance with these Terms and our Privacy Policy. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property or other rights.
    7. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
    8. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our Content Policy or as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.
    9. Accuracy and completeness of your Contributions. 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. 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.
    11. 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 Content Policy, Prohibited Uses Policy.
  9. Cancelling your Membership
    1. If you are a Candidate. You can cancel your Membership at any time by cancelling your account via the website. Cancelling your Membership will result in termination of this contract; your profile will cease to be available to view by other Members and you will lose the right to access or use our Services.
    2. If you are an Employer. Your Membership will continue until you cancel it in accordance with clause 3.4. You can cancel your Membership at any time via the website. If you do not cancel your Membership before the next renewal date, you will remain liable for the fee due in the following month at the then current rate. Cancelling your Membership will result in termination of this contract; your profile will cease to be available to view by other Members, you will not be able to view the profiles of other Members and you will lose the right to access or use our Services. You will not be entitled to a refund of any monies paid to us if you cancel your membership.
    3. We can cancel or suspend your Membership at any time. If (in our sole opinion) you breach any of the terms of these Terms, we may immediately, temporarily or permanently withdraw your membership and the right to use our site, remove any posting or material uploaded by you to our site, issue of a warning to you, commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach, take further legal action against you or disclose such information to law enforcement authorities as we reasonably feel is necessary.
    4. We exclude liability for actions taken in response to breaches of these Terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
  10. Our responsibility for loss or damage suffered by you
    1. Whether you are an Employer or a Candidate. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. Limitation of our liability. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our site, or use of or reliance on any content displayed on our site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
    3. We are not responsible for viruses and you must not introduce them. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. We will not be liable for any loss or damage caused by 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 Website or to your downloading of any material posted on it.
    4. Our total liability to you in respect of claims based on events arising out of or in connection with the 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.
  11. Other Important Terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Entire agreement. These Terms together with our Privacy Policy form the entire basis of our contract with each other.
    5. Events outside of our control. 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). 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 public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.
    6. If a court finds part of this contract illegal, the rest will continue to be in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our Services, we can still require you to make the payment at a later date.
    8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.