Early Years Business Zone
Terms and Conditions
1.1. In these terms and conditions (“Terms”) the following definitions shall apply:
1.2. Corporate Body means a limited liability company, unlimited liability company, or limited liability partnership or other corporate body
1.3. Registrant an individual who has Registered for use of the Early Years Business Zone.
1.4. Registration the Registration of the Early Years Business Zone
1.5. Services those services that are made available to Registrants by the Early Years Business Zone
1.6. Site any location at which: you, or if you are a Corporate Body, any other Corporate Body that forms part of your group or is associated with you, or if you are a sole trader or Registrant of a partnership, any Corporate Body that is owned by you or any of your partners runs an OFSTED (or equivalent) Registered nursery.
1.7. us, we, our is a reference to the Early Years Business Zone
1.8. you, your that person, firm, body corporate, local authority, or other entity that becomes a Registrant.
2.1. You will become a Registrant when we have accepted your Registration; this occurs when we send to you either e-mail or other written notification that we have accepted you as a Registrant.
2.2. By becoming a Registrant you agree to be bound by these Terms, the contents of our Code of Conduct (which sets out the commitments you make to us) (“Code”) and our Articles of Association (“Articles”) which contain provisions relating to your Registration. 2.3 We reserve the right to amend the Articles to the extent that the terms of your Registration are not affected.
2.3. [Clause for International terms: 2.4 you are only entitled to contract with us for an International Registration should you or your (should you be an individual applying to be a Registrant on an individual basis, or, be a sole trader or a Registrant of a partnership) main trading address be located outside the United Kingdom, or, if you are a Corporate Body, that your Registered office is situated outside the United Kingdom; you warrant to us that this is the case.]
2.4. Admission as a Registrant is solely at our discretion; we therefore reserve the right to refuse to accept any application for Registration without providing any justification for our decision.
3. PRIVACY AND ELECTRONIC COMMUNICATIONS
3.1. The Early Years Business Zone will email you with Registration updates, news & events, advice and details of products and services relevant to your Registration. You will be able to unsubscribe from all email communication by contacting the Early Years Business Zone by telephone, email or in writing.
3.2. The Early Years Business Zone will not pass your personal information to third parties, except where we are obliged by law to do so or where the product or service is delivered by one of our carefully selected “partners” unless you have withheld consent. You can withhold consent by informing us by email, in writing or by telephone, on joining or at any other time after taking out Registration.
4.1. The Services are continually being updated and amended to ensure that they meet our high standards. We therefore reserve the right to amend or delete any of the Services that we provide to Registrants or to modify any of the other Services that we provide.
4.2. Some of the Services that we provide are accessed on our website by means of a login and password. You should not disclose your password to anyone that isn’t an employee of your nursery. We reserve the right to terminate your Registration should you fail to comply with this provision.
4.3. Those Registrants who opt for individual, local authority/commercial and international Registration receive a limited benefits package
4.4. [International 4.5: the Services that we provide, including (without limitation) our publications, advice leaflets, and other documents have been specifically created for use within the United Kingdom; as such international Registrants should regard the Services as information only, and obtain correct and proper advice pertaining to rules and regulations relating to the operation of their nursery (or otherwise) in the jurisdiction in which their nursery is located.]
5. INTELLECTUAL PROPERTY
5.1. All intellectual property rights in any document that is provided to you by us belongs to us or are licensed to us. We licence such rights to you to the extent necessary for you to make use of the Services.
6. LIMITATION OF LIABILITY
6.1. Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from the contract between us.
6.2. Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence, or for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by us.
6.3. Subject to clause 6.2:
we shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of opportunity; or loss of use; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to the cost of your annual Registration i.e. the Price.
7.1. We shall not be liable for any failure or delay in performing our obligations to you as a Registrant as a result of the occurrence of any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
7.2. Waiver. A waiver of any right or remedy under these Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7.3. Third party rights. A person who is not a party to the contract between us shall not have any rights to enforce its terms.
7.4. Variation. We reserve the right to amend these Terms at any time by providing you with reasonable written notice.
7.5. Severance. If any court or competent authority finds that any provision of the these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
7.6. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
7.7. Governing law. The Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
7.8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).