Terms of Use

Nurturing Childhoods – Terms of Use

These Terms of Use (“Terms”) were last updated on 22nd September, 2021.

The purpose of the Nurturing Childhoods website (“the Site”) is to provide you with information. By accessing any of the pages on the Site and/or using any of the services available on the Site, including, but not limited to, the courses, forums, or personalised support, you agree to comply with the Terms & Conditions set out below, or as otherwise amended at the time of your visit to and/or use of the Site.

The Site is owned and operated by Nurturing Childhoods (the operating name of “Nurturing Childhoods” whose address is Nurturing Childhoods, 138 Bromham Road, Bedford, England, MK40 2QW. References to “we”, “us” and “our” should be construed as references to Nurturing Childhoods.

These Terms and Conditions contain important information that apply to your use of this website, including warranty disclaimers and limitations of liability. By using this website, you agree to be bound by these Terms and Conditions.

Nurturing Childhoods’ mission is to offer the key adults within every child’s life the knowledge, understanding and support required to nurture and develop every child’s full potential. We provide knowledge and understanding through a suite of courses and one to one support, so that the advice being offered can be trusted and fully utilised. We consider our marketplace model to offer the best methods of unifying practice around the child, combining valuable educational insight, informed practice and supported reflection to our users. We need rules to keep our platform and services safe for you, us, and our user community. These Terms apply to all your activities on the Nurturing Childhoods website, the Nurturing Childhoods mobile applications, our TV applications, our APIs, and other related services (“Services”).

We also provide details regarding our processing of personal data in our Privacy Policy.

Table of Contents

  1. Accounts
  2. Content Enrolment and Lifetime Access
  3. Payments, Credits, and Refunds
  4. Content and Behaviour Rules
  5. Nurturing Childhoods’ Rights to Content You Post
  6. Using Nurturing Childhoods at Your Own Risk
  7. Nurturing Childhoods’ Rights
  8. Subscription Terms
  9. Miscellaneous Legal Terms
  10. Dispute Resolution
  11. Updating These Terms
  12. How to Contact Us

1.1 You need an account for most activities on our platform, including to purchase and access content or to submit content for accreditation. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.

1.2 You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

1.3 You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Nurturing Childhoods will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

1.4 Users must be at least 18 years of age to create an account on Nurturing Childhoods and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Nurturing Childhoods account. If we discover that you have created an account that violates these rules, we will terminate your account.

1.5 You can terminate your account at any time by contacting our Support Team.  Please note that by closing your Nurturing Childhoods account you will lose access to all the courses you’ve enrolled in, including purchased courses.

2.1 We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will always have uninterrupted access to the Site.

2.2 When you enrol in a course or other content, you get a license from us to view it via the Nurturing Childhoods website and for no other use. Don’t try to transfer or resell content in any way. Access may be granted for a clearly defined period, subscription plans or for lifetime access, except when we must disable the content because of legal or policy reasons.

2.3 As a user, when you enrol in a course or other content, whether it’s free or paid content, you are getting a license from Nurturing Childhoods to view the content via the Nurturing Childhoods platform and Services, and Nurturing Childhoods is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

2.4 In legal, more complete terms, Nurturing Childhoods grants you (as a user) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Nurturing Childhoods authorised representative. This also applies to content you can access via any of our APIs.

2.5 We generally give a lifetime, or defined period term access license to our users when they enrol in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content.  This may be due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates a policy agreement. Lifetime access licenses do not apply to enrolments via Subscription Plans or to add-on features and services associated with the course or other content you enrol in. For example, Nurturing Childhoods may decide at any time to no longer provide mentor assistance or Q&A services in association with the content. To be clear, the lifetime access is to the course content but not to additional support.

2.6 Any information that you provide about yourself to Nurturing Childhoods will only be used by Nurturing Childhoods in accordance with its Privacy Policy and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.

2.7 We may use cookies on the Site (see the Cookie Policy for further details).

3.1 When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, Nurturing Childhoods offers a 14-day refund or credit for most content purchases.

Pricing

3.2 The prices of content on Nurturing Childhoods are determined by Nurturing Childhoods and in some instances, may not be exactly the same as the price offered via third parties.  We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout).  Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

3.3 If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.

3.4 If you are a user located in a country where sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

Payments

3.5 You agree to pay the fees for content that you purchase, and you authorise us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. Nurturing Childhoods works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

3.6 When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within fourteen (14) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

Refunds and Refund Credits

3.7 If the content you purchased is not what you were expecting, you can request, within 14 days of your purchase of the content, that Nurturing Childhoods apply a refund to your account. This refund option does not apply to Subscription Plan purchases, which are covered in Section 8.13 below. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 14-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 14-day limit. Nurturing Childhoods also reserves the right to refund users beyond the 14-day limit in cases of suspected or confirmed account fraud.

3.8 To request a refund, contact the Support Team detailing why a refund is requested.

3.9 If we decide to issue refund credits to your account, they will be automatically applied towards your next content purchase on our website. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.

3.10 At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. In this instance, you will not be eligible to receive a refund.

Gift and Promotional Codes

3.11 Nurturing Childhoods or our partners may offer gift and promotional codes to users. Certain codes may be redeemed for gift or promotional credits applied to your Nurturing Childhoods account, which then may be used to purchase eligible content on our platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific content.

3.12 These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Nurturing Childhoods account. Gift and promotional codes offered by Nurturing Childhoods may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Gift and promotional codes offered by a partner are subject to that partner’s refund policies. If you have multiple saved credit amounts, Nurturing Childhoods may determine which of your credits to apply to your purchase.  Contact the Support Team if you require more details.

4.1 You can only use Nurturing Childhoods for lawful purposes. You’re responsible for all the content that you post on our platform and should keep any reviews, questions or posts you upload in line with our Privacy Policy and the law, and respect the intellectual property rights of Nurturing Childhoods.  You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website. Repeated failure to do so will see your account banned.

4.2 You agree not to use the Site and/or the Forums to:

  1. Post, upload, e-mail or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
  2. In any manner which could damage, disable, overburden, or impair the Site;
  3. Make available personal data about any person other than yourself, or to collect or store personal data about other users;
  4. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
  5. Impersonate any other person or entity (including, but not limited to, another user, a staff member, or forum leader) or to provide false or inaccurate information;
  6. In any way which is threatening, harmful, abusive, vulgar, racist, sexist, ageist or otherwise discriminatory, defamatory, sexually orientated, hateful, invasive of another’s privacy or obscene, or which will (or potentially will) harass, distress, embarrass or inconvenience or be objectionable by any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
  7. Post, upload, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
  8. Post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. Create a database (electronic or otherwise) that includes Content;
  11. Transmit or re-circulate any Content to any third party; or
  12. Bring (or in any way that might bring) Nurturing Childhoods into disrepute.

4.3 If you are working towards an accreditation, make sure any work posted is your own.  When communicating via forums, you must abide by the law and respect the rights of others: you are solely responsible for any content and actions you post or take via the platform and Services and their consequences.  If we believe content you have submitted, or that your behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Nurturing Childhoods complies with copyright laws and owns the Intellectual Property of all content posted on the site. 

4.4 You acknowledge that you are entirely responsible for all material that you upload or post on the Forums.

4.5 You further acknowledge that Nurturing Childhoods monitors the content on the Forums, but that we (and people designated or authorised by us) shall have the right (but not the obligation) in our sole discretion and without prior warning or notice to refuse or remove any material that is posted on or submitted, uploaded or otherwise transmitted to the Forums, or close or suspend a user’s access to the Forums. Without limiting the foregoing, Nurturing Childhoods and its designees shall have the right to remove any material from the Forums that is contrary to these Terms & Conditions or is otherwise objectionable, whether by reference to these Terms & Conditions, the House Rules or otherwise. Please note, that Nurturing Childhoods may on occasion edit words within a forum posting (for example, use asterisks to replace letters within swear words) but will never alter the tone or meaning.

4.6  If anyone is concerned about material posted on the Forums or becomes aware that any material on the Forums or any activities carried out on the Forums, are offensive, unlawful, are contrary to these Terms & Conditions or the House rules or infringe any third party rights in any way, please send an appropriately worded message to us by e-mail using this address: info@nurturingchildhoods.co.uk.  We shall then act expeditiously to remove any such material or to disable access to the material or use reasonable endeavours to otherwise deal with the concern however we see fit in our sole discretion (as the case may be).

4.7 You acknowledge and agree that we are not obliged to enter into any discussion following the removal of any material from the Forums, or any other action we may take under or with reference to these Terms and Conditions.

4.8 Nurturing Childhoods has discretion in enforcing these Terms. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms.  If we suspect that you have engaged in fraudulent or illegal activities, or for any other reason in our sole discretion, termination may see your account and its content deleted, and we may prevent you from further access to the platforms and use of our Services.

5.1 You retain ownership of content you post to our platform.  The content and comments you post as a user remains yours. By posting content and comments, you allow Nurturing Childhoods to reuse and share it, but you do not lose any ownership rights you may have over your content.

5.2 When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise Nurturing Childhoods to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

5.3 In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who partner with Nurturing Childhoods for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

5.4 By submitting content to our site, including, but not limited to, the Forums you are granting Nurturing Childhoods a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publish and otherwise use the content (in whole or in part) as Nurturing Childhoods, in its sole discretion, deems appropriate. 

5.5 We have the right to publish, edit or reject any content that you send us through our site including our Forums for any purpose whatsoever, commercial or otherwise.

5.6 By submitting any messages, suggestions or material to the Site you waive all of the moral rights that you may have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such message, suggestion or material. You agree that you will not submit any content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from content that you submit. 

5.7 You acknowledge that Nurturing Childhoods may establish general practices and limits concerning the use of the Site, including (but not limited to) the maximum number of days that content on the Forums, will be retained by the Site. You agree that we have no liability for the deletion or failure to store any messages, suggestions, material or other communications maintained on or transmitted to the Site.

5.8 If you do not wish to grant Nurturing Childhoods the rights set out above, do not submit contributions, content or posts to the Site or the Forums (as the case may be).

6.1 Nurturing Childhoods takes care to keep the content of this website accurate and error-free.  But without one-to-one support, it does not make any representations or warranties that the information will be suited to your particular purpose.  To that end, the content on the website is for general informational purposes only. It is not intended to be a substitute for advice from an appropriately qualified healthcare professional, who can determine your individual needs. You must make your own assessment of the information contained on this website and you rely on it at your own risk.

6.2 Nurturing Childhoods does not represent that this website or any third-party websites it links to are free from computer viruses or other defects.

6.3 To the maximum extent permitted by law, Nurturing Childhoods accepts no responsibility or liability for any loss or damage (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) relating to access or use of this website, including the use or misuse of the information provided on this website.

6.4 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.  You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.

6.5 To the extent that any rights cannot be excluded by law, Nurturing Childhoods’ liability in relation to this website is limited, at our election, to the supply of the service again or the cost of having the service supplied again.

6.6 By using the Services, you may be exposed to content that you disagree with. Nurturing Childhoods has no responsibility to keep such content from you and no liability for your access or enrolment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

6.7 When you interact directly with a user or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information we may request from you, we do not control what users do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.  We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of users.

6.8 When you use our Services, you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Nurturing Childhoods does not control those websites and is not responsible for the content or accuracy of the material they contain. Provision of these links does not mean that Nurturing Childhoods sponsors, approves or endorses the content on the third-party website.  We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. Using automatic links to gain access to such sites is entirely at your own risk, and you should also read their terms and conditions and privacy policies.

 6.9 Your use of the Site is at your sole risk. All Content has been included in good faith and is for general information and use. The advice and/or recommendations made should be considered before being relied upon by users in making (or refraining from making) any specific decisions and should not be seen as a substitute for obtaining personal professional advice where necessary. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT OR TAKING ANY OTHER FORM OF ACTION OR INACTION BASED UPON THEM. NURTURING CHILDHOODS DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF POSTINGS SUBMITTED BY USERS ON THE FORUMS, OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law.

6.10 Whilst we make every effort to ensure that the information on our website is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our website or any liability in respect of information on the Website supplied by you, any other website user or any other person.

6.11 The Content on the website may contain inaccuracies or typographical errors. While every care is taken, Nurturing Childhoods cannot guarantee the reliability, availability, timeliness or accuracy of the Content. Nurturing Childhoods does not warrant that the Site will be free of viruses or other harmful components.

6.12 The Site contains links to other websites (“Third Party Sites”). Nurturing Childhoods neither endorses nor takes responsibility for the availability or content of Third-Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so entirely at your own risk.

6.13 Save as expressly provided for in these Terms & Conditions, Nurturing Childhoods shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site, Forums, Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Nurturing Childhoods does not exclude its liability for death and personal injury caused by its negligence.

6.14 You agree to indemnify and hold Nurturing Childhoods and its officers, employees and agents harmless from any claim or demand made by any third party due to or arising from your use of the Site (including, but not limited, your use of the Forums)

7.1 Nurturing Childhoods owns all the trademarks, copyright and other intellectual property published on this website. We own the Nurturing Childhoods platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and created content.

7.2 All copyright and all other intellectual property rights (including, but not limited to, copyright) in all text, images, sound, software, service marks, logos and other materials on the pages of the Site (“the Content”) are owned by Nurturing Childhoods or are reproduced on the Site with permission of the relevant rights owner.

7.3 You must not otherwise tamper with, copy or reproduce in any form any of the material from this website, including Nurturing Childhoods’ trademarks and logos, unless you have our prior written consent.

7.4 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Nurturing Childhoods’ express prior written consent, except as stated in 7.5 below.

7.5 You may read, view, print, download and (where appropriate) listen to and watch the Content of an individual page for private and personal non-commercial use only PROVIDED THAT all copyright, trade mark and other proprietary notices contained in the original Content on any copy of such Content is retained, but you may not make more than one (1) copy electronically or otherwise of any of the Content and you may not re-copy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.

7.6 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media whatsoever to any third party without the express prior written consent of Nurturing Childhoods.

7.7 The names, images and logos identifying Nurturing Childhoods, its projects, products and services (including, but not limited to, the names “Nurturing Childhoods” and “Project Playbox”), or those of third parties, are the proprietary marks of Nurturing Childhoods, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Nurturing Childhoods reserves all rights to enforce such rights that it might have.

7.8 Nurturing Childhoods follows the provisions of the Digital Millennium Copyright Act and other relevant copyright legislation as applicable. If you believe that someone else is using your copyright or trademark without your permission, please contact us at info@nurturingchildhoods.co.uk  to report the infringement.

7.9 All right, title, and interest in and to the Nurturing Childhoods platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of Nurturing Childhoods and its licensors. Our platforms and services are protected by copyright and other laws of both the United Kingdom and foreign countries. Nothing gives you a right to use the Nurturing Childhoods name or any of the Nurturing Childhoods trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nurturing Childhoods, or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

7.10 You may not under any circumstances do any of the following while accessing or using the Nurturing Childhoods platform and Services:

  • Access, tamper with, or use non-public areas of the platform (including content storage), Nurturing Childhoods’ computer systems, or the technical delivery systems of Nurturing Childhoods’ service providers.
  • Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Nurturing Childhoods platform or Services.
  • Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Nurturing Childhoods); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8.1 This section covers additional terms that apply to your use of our subscription-based collections as a user (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that use of Nurturing Childhoods Business is not subject to these Terms but is instead governed by the agreement between Nurturing Childhoods and the subscribing organisation.

Subscription Plans

8.2 If you are interested in a subscription plan, contact the Support Team.  During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. Except for the lifetime access license grant, the terms included in the “Content Enrolment and Lifetime Access” section above apply to enrolments via Subscription Plans.

8.3 The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.

8.4 We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrolment and Lifetime Access” section.

Account Management

8.5 You may cancel your subscription by contacting the Support Team. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Nurturing Childhoods account.

Free Trials & Renewals

8.6 Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. Nurturing Childhoods determines free trial eligibility at our sole discretion and may limit eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.

8.7 We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, contact the Support Team.

Payments and Billing

8.8 The subscription fee will be listed at the time of your purchase. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law.

8.9 To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.

8.10 In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorise us to continue to charge the then-applicable fees to your updated payment method.

8.11 If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.

8.12 We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.

Subscription Disclaimers

8.13 We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.

9.1 These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

Binding Agreement

9.2 You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Nurturing Childhoods. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

9.3 Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

9.4 These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

9.5 If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

9.6 Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

9.7 The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrolment and Lifetime Access), 5 (Nurturing Childhoods’ Rights to Content You Post), 6 (Using Nurturing Childhoods at Your Own Risk), 7 (Nurturing Childhoods’ Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).

Disclaimers

9.8 It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that a misleading statement is made in some content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9.9 We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Nurturing Childhoods or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

9.10 We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

Limitation of Liability

9.11 There are risks inherent to using our Services, for example, if you access physical play content and your child injures themselves. You fully accept these risks, and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.

Indemnification

9.12 If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Nurturing Childhoods, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Governing Law and Jurisdiction

9.13 These Terms & Conditions shall be governed by, and construed in accordance with, English law and you and Nurturing Childhoods irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the same or the legal relationship established by them.

9.14 When these Terms mention “Nurturing Childhoods,” they’re referring to the Nurturing Childhoods entity that you’re contracting with. If you’re a user, your contracting entity and governing law will generally be determined based on your location.

Legal Actions and Notices

9.15 No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

9.16 Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@nurturingchildhoods.co.uk).

Relationship Between Us

9.17 You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

No Assignment

9.18 You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

10.1 If there’s a dispute, our Support Team is happy to help resolve the issue.    If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

10.2 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

11.1 Nurturing Childhoods may vary these Terms and Conditions at any time by publishing a revised version on this website. Such updates to the Terms may be to clarify our practices or to reflect new or different practices (such as when we add new features).  Nurturing Childhoods reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Your continued use of this website following such variation will represent an agreement by you to be bound by the Terms and Conditions as amended.  Any revised Terms shall supersede all previous Terms. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

12.1 The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

12.2 If you need to contact Nurturing Childhoods about these Terms & Conditions you may do so by post using the address given above, or by e-mailing this address: info@nurturingchildhoods.co.uk.  You can contact us to request for your account to be closed at any time, you can stop receiving marketing emails by updating your contact preferences and you have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information please email us at info@nurturingchildhoods.co.uk.

12.3 If you would like to make a complaint about how your information is being used by us, or how your complaint has been handled, you have the right to lodge a complaint directly with the Information Commissioner’s Office at: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (or by email to casework@ico.org,uk).

How to Reach Us

If you have a question about these Terms and Conditions, or you would like to contact us about any of the rights mentioned above, please contact us at info@nurturingchildhoods.co.uk.

Creative Commons Sharealike License

Portions of this document have been forked from the Automatic Privacy Policy made available under a Creative Commons Sharealike license.