Terms & Conditions
Please read all these terms and conditions. As we can accept your registration and make a legally enforceable agreement without further reference to you. By using the Website or our Services or registering with us, you are confirming that you agree to these Terms so please take the time to read and understand them.
These Terms and Conditions will apply to the purchase of the services by you (the Client or you). We are DCL Early Years Services Ltd a company registered in England and Wales under number 11789534 whose registered office is at 71-75 Shelton Street, Covent Garden, WC2H 9JQ with email address firstname.lastname@example.org; telephone number 07407547390; (us or we).
These are the terms on which we sell all Services to you. By registering for any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
You are referred to as ‘The Client’. ‘The Client’ may be yourself or another person. ‘The Child’ is the person who receives the Education or Care from our service through nannying, babysitting or any of our education services, either in person or online.
The terms “us/we/our” and “the Company” refer to DCL Early Years Services Ltd.
The “Staff Member” is the person who educates and cares for the Client and Child.
“Engagement” means the engagement, employment or use of our services by the Client.
“Contract” means the legally-binding agreement between you and us for the supply of the Services;
“Service/Session” means a period of time during which the Staff Member promises to engage in services for the Client, for which the Client promises to pay DCL Early Years Services Ltd.
“Services” means the services advertised on the Website, including any Goods, of the number and description set out in the Order.
“Website” means our website www.DCLEYServices.com on which the Services are advertised.
In these Terms, Service Arrangement means an arrangement for a Staff Member to perform services for a Client as agreed between the Staff Member and the Client. In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
The description of the Services is as set out in the Website, or other form of advertisement. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All Services which appear on the Website are subject to availability. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
The Website and our Services are provided to help individuals and families access educational and care services. Unless expressly stated the Website and our Services are not provided to education-related companies, agencies, schools and other organisations. Your registration must confirm that you are not an Organisation and that you will not use the Website or our Services to seek or provide education-related services on behalf of any Organisation.
We do, however, welcome enquiries from Organisations wishing to work with us, and any such inquiries should be directed to us using our contact details as set out on the Website.
For full details of each Service, please see the Services Page.
You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Client for the purposes of these Terms.
The personal wellbeing of all Clients is paramount, a child under the age of 18 should not be left in the sole care of the staff member during and education session, and a parent or guardian must always be present for the duration of an education session irrespective of where the session is delivered. By registering to one of our education services you are agreeing to take full responsibility for the supervision, safety and behaviour of your child throughout the lesson. Children gain more from our education services if they are supported and encouraged.
You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Photos and videos may be taken of your own child during individual and group educational services but please ask permission if any other child is in the photo/video. However, if the staff member finds the amount of videos excessive you may be asked to stop. Much of the content is under license and while we are happy to use class ideas at home and share on social media it cannot be incorporated into another public activity without our permission.
Keep your e-mail address and other contact information provided to us are accurate and that you will update us with any changes to your contact information.
You are fully entitled to use any credit, debit or charge card the details of which you submit to us and that such card has available funds sufficient to cover the charges which are to be deducted from it; and in using the Website and our Services (including submitting User Content), you will not:
do anything that may lead to the encouragement, procurement or carrying out of any criminal activity.
do anything that may cause you or us to breach any applicable laws.
e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights).
transfer files that contain viruses, trojans or other harmful programs or use the Website in any way that may damage or disrupt another’s computer.
access or attempt to access the accounts of other Users, penetrate or attempt to penetrate the Website security measures or use the Website or our Services as a means to collect or store personal data about others.
use the Website and / or our Services other than in good faith for your own purposes as an individual Client. For the avoidance of doubt, use of the Website and / or the Services by organisations such as employment agencies is not permitted.
We reserve the right at any time to suspend, restrict or terminate your account or your access to the Website and / or our Services and / or to remove any User Content submitted by you or others without notice at our discretion if we have reasonable grounds to believe you or a relevant third party has broken the promise made by you or otherwise at our discretion where we have reasonable grounds for doing so.
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal Information and Registration
Basis of Sale
The description of the Services in our website does not constitute a contractual offer to sell the Services. When a booking has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The booking process is set out on the Website. Each step allows you to check and amend any errors before submitting the booking. It is your responsibility to check that you have used the booking process correctly.
A Contract will be formed for the Services you have registered for only when you receive an email from us confirming the booked (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the booking placed by you. By placing a booking you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Booking Confirmation). You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than before performance begins of any of the Services.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Client and DCL Early Years Services Ltd in writing. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Client. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other: commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or is subject to any step towards its bankruptcy or liquidation. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract.
We are a Data Controller of the Personal Data we Process in providing the Services to you. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
DCL Early Years Services Ltd shall not be liable for any loss, expense, damage, delay, costs or compensation which may be incurred by the Child or Client whilst connected to the service, only where it is prescribed by law. DCL Early Years Services Ltd has full Public Liability, Employers Liability Insurance and all Staff members have enhanced DBS, Safeguarding, and relevant qualifications.
Whilst we work exceptionally hard to support and extend the learning of all children, we are not responsible for lack of progress, exam failure and negative school report grades.
Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors and employees from all liability (including in relation to disputes with other Users) where such liability relates to or arises out of the behaviour of (or the User Content or other material provided by) other Users and other third parties.
Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information and other material on the Website itself will be free from errors or omissions.
When you communicate with other Users via the Website or otherwise use the functions of the Website, you may submit to us various material, such as the text of any comments and messages submitted by you via the Website (User Content).
By submitting User Content, you:
grant us, for the purpose of us providing the Website and our Services, a nonexclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Website;
grant to us and our assignees and licensees all consents which are or may be required (including under Part II of the Copyright, Designs and Patents Act 1988 and any statutory modifications or re-enactment thereof) for the use of the User Content, throughout the universe, in perpetuity, by any and all means and in any and all media now or hereafter known or devised;
waive in perpetuity in respect of the User Content the benefits of any provision of law known as moral rights or any similar law in any country (moral rights are certain rights that the owner of a copyright work has in relation to how that work is used);
promise to us that you own the User Content and have the right to grant the licence set out and that the User Content does not infringe the rights of any third party; and
promise that any User Content submitted by you does not cause you to breach these Terms including any of your promises as set out in these Terms.
You promise to us that you accept responsibility, and will compensate us, for any loss or damage caused by any failure by you to fulfil your promises.
When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:
if it causes you to breach these Terms including any of your promises as set out in these Terms;
for any other reason in our reasonable discretion.
Rights in the Website and its contents
Your use of the Website and its contents grants no rights to you in relation to:
intellectual property rights (including copyrights, trademarks, design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) (IP Rights) in the Website and its contents and in relation to our Services, whether owned by us or by third parties; or
IP Rights in any User Content submitted to the Website by other Users.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes or elements comprising of the code.
Website other than for your own personal use
Any use other for your own personal use may only be undertaken with our prior express authorisation and / or the prior express authorisation of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.
The Client confirms that they have read, understood and agrees to the policies of DCL Early Years Services Ltd.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English Courts.
These terms constitute the whole agreement between the Client and DCL Early Years Services Ltd and no variation or alteration of these terms shall be valid unless approved in writing by a Director of the Company. DCL Early Years Services Ltd reserves the right to alter these terms and conditions and will notify the Client in writing of any changes. Users should check the terms and conditions regularly to ensure familiarity with the current version.
The Client acknowledges that these terms govern the legal rights and obligations between the Client and DCL Early Years Services Ltd.
Attribution 79. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb /en).
Updated: 18th May 2020