1. Access to the NannyDirect web site at www.nannydirect.co.uk ("the Web Site" an expression which includes the contents of the Web Site and any service offered and/or provided at or through the Web Site) is offered to you by NannyDirect Limited of 118 Kensington Church Street, London W8 4BH ("NannyDirect") subject to the following terms and conditions. By accessing the Web Site you agree with NannyDirect to be bound by the following terms and conditions and you should not use the Web Site if you do not agree to them.

Changes to Terms and Conditions

2. Nanny Direct reserves the right at its sole discretion to change these terms and conditions (including, but not limited to, any prices or charges mentioned there) at any time. It is your responsibility to review these terms and conditions regularly. By accessing the Web Site after any such change has been made you agree to be bound by these terms and conditions as then in force.

Exclusion of Warranties and Liability

3. The Web Site is provided on a strictly "AS IS" and "AS AVAILABLE" basis. NannyDirect gives no warranty whatsoever whether express or implied regarding the Web Site (including, but not limited to, any warranty of merchantability or satisfactory quality or fitness for a particular purpose or that the Web Site will be available without error or interruption)and all warranties are excluded to the fullest extent permitted by law.

4. You agree that your use of the Web Site is at your sole risk, that you download or otherwise obtain anything from the Web Site entirely at your own risk and that you will be solely responsible for damage to your computer system (that is to say any computer system that you use whether or not it is owned by you) or any loss of data that results from anything that you download or otherwise obtain from the Web Site.

5. NannyDirect will have no liability in contract, tort or otherwise (including but not limited to negligence or breach of statutory duty) and will not be liable for any direct, special or incidental or consequential damages arising directly or indirectly from the use of or reliance on the Web Site or from any interruption in the availability of or error in the Web Site. [But, if while you are a Member (as defined below) who has registered as a family there is an interruption in the availability of the Web Site to all or substantially all Members which lasts for more than five consecutive days NannyDirect shall (at its option) either extend the period of your membership by a number of days at least equal to the duration of the interruption (or such part of the interruption as occurs while you are a Member) or repay to you such proportion of your membership charge and/or any charge that you have paid for an additional advertisement as NannyDirect shall, in its entire discretion, consider appropriate in all the circumstances.]

6. NannyDirect does not seek to exclude or limit its liability for death or personal injury caused by negligence and nothing in these terms and conditions shall be construed as doing so.

Nanny and Family Advertisement Service

7. NannyDirect offers an advertising platform at the Web Site for families seeking nannies and for nannies seeking vacancies with families. Each Member of NannyDirect (that is to say a person who has registered with the Web Site as a family or a nanny) is given the opportunity for so long as he or she remains a Member to post an advertisement on the Web Site and to access the replies to the advertisement that are posted to the Web Site by other Members.

8. A Member who has registered as a family is given the opportunity for so long as he or she remains a Member to view the advertisements placed the Web Site by Members who have registered as nannies and to post replies to them to there.

9. A Member who has registered as a nanny is given the opportunity for so long as he or she remains a Member to view the advertisements placed the Web Site by Members who have registered as families and to post replies to them to there.

Length of Membership

10. If you are a Member who registers as a nanny you will cease to be a Member when you accept an offer of employment as a nanny or, if earlier, on expiry of three months after the date when your application to register as a Member is accepted by NannyDirect. You may, however, apply to renew your membership if, on its expiry, you have not found a position as a nanny through the Web Site.

11. If you are a Member who registers as a family you will cease to be a Member when you make an offer of employment to a nanny that is accepted or, if earlier, on expiry of three months after the date when your application to register as a Member is accepted by NannyDirect. You may, however, apply to renew your membership if, on expiry of your membership, you still have an available position for a nanny that remains to be filled.

12. If you are a Member who has registered as a family you may, while you remain a Member, apply to extend your membership by submitting an additional advertisement for a nanny or a family for posting on the Web Site membership is accepted by NannyDirect, you will then continue to be a Member until the last of the nanny’s or family's positions that you have advertised on the Web Site has been filled or, if earlier, the expiry of three months after the date when your last additional advertisement first appeared on the Web Site.

13. Nanny Direct reserves the right to change its charges at any time.

14. By accepting these terms and conditions you agree to the immediate provision by NannyDirect to you of the Web Site and of any service offered there (including, but not limited to, membership as a nanny or a family) for which you apply. Accordingly, unless otherwise agreed, you will have no right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel the contract to provide the Web Site or any such service once such provision has begun.

Registering as a Member

15. You undertake that the information that you provide in your application to register as a Member or in any advertisement that you post or submit for posting to the Web Site will be accurate, complete, true and up to date and you agree to inform NannyDirect promptly of any change in such information while you remain a Member and to disclose any such change to any Member who has responded to any advertisement that you have posted to the Web Site and whose response you have decided to pursue.

16. You shall become a Member on the date on which NannyDirect accepts your application to become a Member. NannyDirect reserves the right at its entire discretion not to accept your application:

• to become a Member; or
• to extend or renew your membership.

17. By registering as a Member you accept responsibility for ensuring that your Member’s login ID and password remain confidential and that they are not used by anyone else to access the Web Site or any part of it. You must notify NannyDirect immediately at info@nannydirect.co.uk if you become aware of any loss, theft or unauthorised use of your Member’s login ID or password.

Consent to Disclosure of Information

18. By registering as a Member you consent to NannyDirect disclosing to any person who accesses the Web Site all or any part of a summary of any advertisement that you post or submit for posting to the Web Site.

19. If you are a Member who has registered as a family, you consent to Nanny Direct disclosing to Members who have registered as nannies all or any part of any advertisement that you post or submit for posting to the Web Site and if you are a Member who has registered as a nanny, you consent to Nanny Direct disclosing to Members who have registered as families all or any part of any advertisement that you post or submit for posting to the Web Site.

20. By registering as a Member you also consent to NannyDirect disclosing to any Member to whose advertisement you post a reply the personal details (that is to say title, first name and last name) and contact details (that is to say address, daytime telephone number, mobile number, fax number and e-mail address) that you give to NannyDirect in the course of registering as a Member or later. After NannyDirect has done this it will be up to such Member to get in touch with you if he or she so chooses.

Advertisements and Communications

21. You must comply with any rules that NannyDirect may post to the Web Site from time to time about advertisements or communications or the use of the Web Site.  NannyDirect reserves the right to write to you by e-mail or by post about your use of the Web Site.

22. You undertake that while you remain a Member you will check your messages frequently and reply promptly and courteously to any that you receive from other Members. NannyDirect has no obligation to forward any unread or unsent messages to you or to any third party.

23. If you are a Member who has registered as a nanny, you must inform NannyDirect immediately you have accepted an offer of employment as a nanny and NannyDirect will, as soon as practicable thereafter, remove from the Web Site any advertisement you have posted there for a position as a nanny.

24. If you are a Member who has registered as a family you must inform NannyDirect immediately you have made an offer of employment as a nanny that has been accepted and NannyDirect will, as soon as practicable thereafter, remove from the Web Site the advertisement that you have posted there for the position that has been filled.

25. Any advertisement or communication that you post or submit for posting to the Web Site may not contain, link to or otherwise publish anything that is unlawful, threatening, abusive, libellous, indecent or breaches any contract or infringes or violates any copyright, trademark or any other personal or proprietary right of any person. If you find that someone else has posted such an advertisement or communication to the Web Site, please notify NannyDirect immediately at info@nannydirect.co.uk.

26. You are solely responsible for the content of any advertisement that you post or submit for posting to the Web Site or any communication that you address to another Member whether through the Web Site or otherwise and by posting, submitting or sending such an advertisement or communication you agree to indemnify NannyDirect against all claims, costs and expenses (including legal expenses) suffered or incurred by NannyDirect arising out of or in connection with that advertisement or communication.

27. By posting or submitting for posting to the Web Site an advertisement (which for this purpose includes a summary advertisement) you grant Nanny Direct a perpetual royalty free non-exclusive licence to reproduce, modify, make available, distribute and sub-license the advertisement in whole or in part in any form and you waive any moral rights that you may have in respect of the advertisement.

28. While NannyDirect does not control the information contained in advertisements posted to the Web Site by Members, it reserves the right at its sole discretion and without notice to delete, move or edit the information in any advertisement that you post or submit for posting to the Web Site.

Your Obligation to Vet Prospective Employers or Employees

29. NannyDirect has no control over and accepts no responsibility whatsoever for the accuracy, truth or completeness of the information provided to it by Members or contained in advertisements or communications posted to the Web Site by Members. You rely on such information entirely at your own risk and you undertake not to offer employment to or (as the case may be) accept employment from a Member without having first vetted them thoroughly (including, but not limited to, by taking and checking appropriate references).

Dealings with Third Parties

30. Any dealings that you have with any third party (including, but not limited to, any Member or advertiser) found on or through the Web Site are solely between you and the third party and NannyDirect shall have no liability whatsoever in relation to such dealings or any of them.

Restrictions on Your Use of the Web Site

31. Access to the Web Site and, if you register as a Member, to the services provided to you as a Member, is given for your personal and non-commercial use. If you register as a family, you may only post advertisements (or submit advertisements for posting) to the Web Site or respond to advertisements posted there for the purpose of finding a nanny for children in your custody or control. If you register as a nanny you may only post advertisements (or submit advertisements for posting) to the Web Site or respond to advertisements posted there for the purpose of finding a post for yourself as a nanny.

32. You may retrieve and display contents taken from the Web Site on a computer screen and print individual pages once only on paper but, except for this, you may not reproduce, modify or in any way commercially exploit the contents of the Web Site or any of the services provided to you through it.

33. You must not use the Web Site or any of the services provided to you through it for any purpose that is unlawful or in breach of any of these terms and conditions.

34. You must not upload to the Web site any file containing any software virus or file or code designed to damage the operation of the Web Site or any computer software or equipment.

Changes to Web Site

35. Nanny Direct reserves the right at its sole discretion to change add to or remove any part of the Web Site at any time and to restrict the use and accessibility of the Site as it shall from time to time see fit.

Third Party Materials and Web Sites

36. Parts of the Web Site may contain material provided by third parties. Persons providing such material are responsible for ensuring that what they submit for inclusion on the Web Site complies with all applicable laws. NannyDirect is not responsible for any material provided by any third party or for any error, omission or inaccuracy in such material. The Web Site may contain links to other web sites, but NannyDirect is not responsible for the availability of such web sites or for their contents.

Headings

37. The headings in these terms and conditions are for ease of reference only and no account shall be taken of them in construing these terms and conditions.

Assignment and Sub-contracting

38. You may not assign, transfer, sub-contract or otherwise make over to any third party your rights and obligations under these terms and conditions. You agree that NannyDirect may assign the benefit and/or transfer the burden of this Agreement to any third party and that such assignment and/or transfer shall be binding on you once notice of it has been given to you.

Waiver

39. The failure of either party to exercise or enforce any right conferred upon that party by these terms and conditions shall not operate as a waiver of any right.

Severability

40. If at any time any provision in these terms and conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these terms and conditions shall not be impaired.

Contracts (Rights of Third Parties) Act 1999

41. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this provision does not affect any right or remedy of a third party apart from under that Act.

Notices

42. Except where these terms and conditions provide otherwise, any notice must be given in writing and sent by post to the addressee's last known address or, if the notice is addressed to you, NannyDirect may send it by e-mail to your last known e-mail address.

Law and Jurisdiction

43. These terms and conditions shall be governed by and construed in accordance with the laws of England and for NannyDirect's exclusive benefit it is agreed that the courts of England shall have jurisdiction to settle any disputes which may arise out of, or in connection with this agreement and that accordingly any such suit, action or proceedings ("proceedings") may be brought in those courts. Nothing in this paragraph shall, however, limit NannyDirect's right to take proceedings against you in any other court of competent jurisdiction.