Terms & Conditions - Grandnanny - Find Childcare from Experienced Nannies

Terms and conditions

Please read the following important terms and conditions before you sign up for an Account or use the Platform. Please check that they contain everything which you want and nothing that you are not willing to agree to.

Key Information for Parents

As a parent you will be engaging directly with the Grandnanny to provide you with their childcare services
You will become the Grandnanny’s employer
At all times you are responsible for all duties and obligations as the Grandnanny’s employer including without limitation paying the Grandnanny, holidays, sick pay, maternity rights, paternity rights.
You will pay us a set up fee (called ‘Safe Start fee’) when you hire a Grandnanny and an ongoing transaction fee (called a ‘service fee’) for our services.
The services we provide to you as a parent is to administer your payroll services and provide ongoing customer support to you and to offer ongoing training to your Grandnanny.
We calculate all payments, tax, National Insurance Contributions and pension based on the information that you provide to us.
A team member will have a phone interview with a candidate Grandnanny before you meet them and see their CV or list of experience. Grandnanny cannot guarantee the suitability or safety of candidates. The ‘Safe Start’ package is offered as a service and is taken at your discretion. Whilst we do track a Grandnanny’s progress through the ‘Safe Start’ training and checks, we cannot guarantee completion of the training or checks as these are undertaken by the Grandnanny. No further ‘vetting’ is conducted by Grandnanny. You are responsible for undertaking your own enquiries to assess the suitability of the Grandnanny to care for your children before hiring the Grandnanny.
We are not liable to you for the services provided by the Grandnanny or for any issues which result from the services being provided. We merely provide you with a method of connecting with childcare providers who have suitable availability.
You are considered as a consumer for the purpose of these Terms.
If you want our matching services performed immediately or without delay then you agree to lose your right to cancel the contract with us in accordance with the Terms

Expectations

1. We expect all childcare services to be performed in accordance with best industry practice.

2. We expect a safe, suitable and friendly working environment to be provided to all Grandnannies

3. We expect the Grandnannies to provide a safe environment for all Children.

4. We expect the Grandnannies to provide suitable, safe and age appropriate activities for the Children.

5. We expect the Parents to provide resources to enable the Grandnanny to provide suitable, safe and age appropriate activities for the Children.

6. We expect the Grandnannies to provide nutritious and healthy food for the Children

7. We expect the Parents to provide suitable food and resources to enable the Grandnanny to provide nutritious and healthy food for the Children.

8. We expect all communications between the Grandnanny and Parent to be respectful and appropriate.

These Terms set out:

Your legal rights and responsibilities;
Our legal rights and responsibilities; and
Certain key information required by law.
If you don’t understand any of these Terms and want to talk to us about it, please contact us by: email at hello@grandnanny.co.uk (Monday to Friday: 9am to 5pm); or telephone 02034885955 (Monday to Friday: 9am to 5pm);

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

Information we give you

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that when we deal with consumers (as our Parents are) we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please: contact us using the contact details below.

The key information we give you by law forms part of these Terms (as though it is set out in full here).
We are Grandnanny Ltd a company registered in England and Wales with company number 12416168 and whose registered address is at 9th Floor, 107 Cheapside, London, EC2V 6DN (“our” “we” “us”)
We own the online platform at https://grandnanny.co.uk/ as well as providing other associated off-line and online support (the “Platform”).
The Platform enables registered parents (“Parents”) to connect to registered Grandnannies (“Grandnanny/(ies)”) in their local vicinity based on their selected criteria (“Grandnanny Matching Services”) so that the parent can employ the Grandnanny directly to look after their children in accordance with their relevant terms of employment.
For the purpose of these Terms the Parents and Grandnannies are referred to as “you” “your”.
We also provide onboarding support and payroll services on behalf of the Parents via the Platform in accordance with these Terms (“Employment Administration Services”).
When a Parent employs a Grandnanny we shall also provide set up services via the Platform in accordance with these Terms (“Set Up Services”).
The Grandnanny Matching, Employment Administration, Courses and Set Up Services are together and separately each referred to as the “Services” provided by us as well as any other services as agreed between us and you from time to time in writing.
These Terms together with any and all other documents referred to in these Terms, set out the terms under which our Services are provided by us through the Platform.
Please read these Terms carefully and ensure that you understand them before using any Services via the Platform.
You will be required to read and accept these Terms when registering for an Account with us (as defined below).
If you do not agree to comply with and be bound by these Terms, you will not be able to use any Services or the Platform.
We make no warranties or representations in respect of either the Grandnanny or Parent and at all times it is your responsibility to undertake sufficient due diligence before entering into an employment relationship or leaving your Children with the Grandnanny.
At no time do we endorse either the Parents or any Grandnanny. We operate a Platform to enable you to connect with each other and undertake certain specific administrative functions.

Accounts

15. You will be required to register for an account with us to use the Platform, which will be governed by these Terms (as amended from time to time) (“Account”). The Account you require depends on whether you are a Parent or a Grandnanny

16. You must be at least 18 years of age to set up any Account

17. It is your responsibility to keep any Account password and other account details safe and confidential

18. You acknowledge that it may take up to five Business Days to initially set up your Account and that use of the Platform is at all times subject to your compliance with these Terms and any requirements as communicated to you from time to time including without limitation any minimum system requirements.

19. You warrant and represent that you shall, keep confidential and not share with any third party your password or access details for your Account and/or the Platform

20. By signing up for an Account unless agreed otherwise by us in writing: a. as a Parent you agree that if you match with one of our nannies, you will use the Platform as the only method of arranging child care with them; b. as a Grandnanny you agree that you will use the Platform as your exclusive method of securing childcare jobs with the families registered on the platform.

21. As a Parent you are required to set up a Parent Account. This will enable you to purchase relevant Services from us.

22. As a Grandnanny you are required to set up a Grandnanny Account. This will enable you to purchase relevant Services from us.

23. The Parent confirms by setting up a Parent Account that: a. They have parental responsibility for the child/children to be cared for by the Grandnanny (“Child(ren)”); b. You confirm that all content that you upload onto the Platform or provide to us is correct, accurate and not misleading. c. They understand and agree that they will be entering into an employment contract with the Grandnanny under which the Grandnanny will attract employment rights which may be enforceable in an Employment Tribunal or Court of Law. d. There are no restrictions on them being able and permitted to arrange for the childcare for the Children;

24. The Grandnanny confirms by setting up a Grandnanny Account that: a. All information contained on the Account including without limitation the public profile is correct and not misleading in any way. b. They will be entering into an employment contract with the Parents under which they have duties and obligations c. All content that you upload onto the Platform or provide to us is correct, accurate and not misleading d. You have all the licences, qualifications, registrations, insurances and experiences that you have specified on your profile, e. You shall perform all childcare services in accordance with best practice and in accordance with the highest industry standard f. You shall keep your profile up to date and notify us immediately if there are any changes to your profile g. You shall notify us immediately in the event that you are: Arrested; Charged; Convicted; Investigated by any regulator

25. By registering for an Account and when using the Platform, you agree at all times:

- To comply with the terms of the Acceptable Use Policy (link)
- To comply with all applicable laws, rules, and regulations governing the Platform and your use of the Platform (or any part).
- Not to use the Platform (or permit the Platform to be used) in contravention of any applicable laws, rules or regulations.
- To be solely responsible for ensuring your use of the Platform complies with all laws and regulations.
- To act in good faith towards us.
- You may only register for an Account if you are domiciled in the United Kingdom
- We may suspend access to your Account and the Platform if:
- We suspect that there has been any misuse of the Platform or the Services or a breach of these Terms; or

You fail to pay any sums due to us by the due date for payment

26. Where the reason for the suspension is suspected misuse of the Platform or our Services, we will take steps to investigate the issue and may restore or continue to suspend access at our discretion.

27. Fees shall remain payable during any period of suspension notwithstanding that you may not have access to the Platform or the Services.

28. We may terminate or suspend your Account at any time with or without notice where this is on a free or trial service.

29. We may terminate your Account immediately upon any material breach of these Terms. Any breach by you of the Acceptable Use Policy shall be deemed a material breach of these Terms.

30. Either you or we may terminate your Account for convenience on 30 days written notice. A Parent will still be required to pay the Grandnanny under the terms of their Employment Contract despite cancelling with us.

Right to Cancel

31. When a Parent sets up an Account you will be asked to tick a box to confirm that you consent for our Services to start immediately after you have registered the Account and that you acknowledge that this means you lose your right to cancel. We will confirm this in our registration email to you. This means that you do not have the right to cancel the contract between you and us because once you have registered for an Account access to some of the Services are automatic. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform us that you wish to cancel in writing to 9th Floor, 107 Cheapside, London, EC2V 6DN or via email to hello@grandnanny.co.uk. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 calendar days after you inform us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.

32. Grandnannies are not consumers for the purposes of these Terms and shall not have the right to cancel other than on 12 weeks written notice to us.

33. As a Parent you can request that no Services commence within 14 days of your Account being made live. In such circumstances you shall be permitted to cancel this contract within 14 days without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g a letter sent by post, fax or email). We can provide you with a cancellation form upon request.

Employment

34. At all times the employment relationship is between the Grandnanny and Parents. We are never a party to the employment contract between the Grandnanny and Parents.

35. The Parent shall be the employer of the Grandnanny.

36. The Parent shall provide the Grandnanny with written particulars of employment in accordance with 1 of the Employment Rights Act (ERA) 1996 or as amended from time to time (“Employment Contract”).

37. At all times the Parent and Grandnanny shall act in accordance with the terms of the Employment Contract and in line with our expectations as amended from time to time (“our Expectations”) (link).

38. The Parent is at all times responsible for ensuring they have in place all necessary insurances and permissions to employ the Grandnanny including without limitation employer’s liability insurance.

39. At all times the Parent is responsible for all taxes, national insurance and other third party costs payable in respect of the employment of the Grandnanny.

40. The Parent understands that Grandnannies attract employment rights in respect of their employment by the Parent. We are not responsible for the conduct of the Grandnannies or Parents nor for any breach of the terms of employment or consequences thereafter including without limitation any Employment Tribunal proceedings.

41. At all times the Parent is responsible for ensuring that they comply with all regulatory and statutory requirements. The Parent shall comply with all laws and regulations concerning the employment of the Grandnanny.

42. The Parent confirms that they are fully aware of all liabilities and obligations on them as an employer including without limitation non-discrimination of employees, protection from unfair dismissal, redundancy, protection from wrongful dismissal, minimum pay legislation, maternity leave, paternity leave, flexible working requirements, statutory sick pay, statutory holiday entitlement, payment of employer contributions of National Insurance, Employer PAYE, autoenrollment pension requirements, provision of a safe working environment and the provision of mandatory insurances.

43. We are not responsible for monitoring the employment of the Grandnannies.

44. We are not responsible for monitoring the conduct of the Grandnannies or the Parents.

45. We promote ethical payment and treatment of the Grandnannies. However, subject to clause 47 the rate of pay, holiday allowances, workplace, benefits and contractual obligations between the Grandnanny and the Parent is between the Grandnanny and Parent only.

46. By using the Platform the Parent confirms that they shall pay the Grandnanny no less than the London Living Wage (as varied from time to time) per hour or such other minimum wage as reasonably determined by us.

47. Every Parent hereby agrees to indemnify us and keep us indemnified on demand and hold us harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with their employment of the Grandnanny and their conduct and treatment of the Grandnanny however arising.

Grandnanny Matching Services

48. Our Services are available in England only.

49. If you are from outside this area you may order Services from us, however such Services can only be provided in the areas set out above.

50. We make no warranties that a Parent will receive any Grandnanny Matching Services via the Platform.

51. We make no warranties, representations, undertakings or guarantees that a Grandnanny will meet a Parents requirements or be suitable or experienced or qualified to care for their Children.

52. At all times it is the responsibility of the Parent to conduct proper interviews of a Grandnanny and to satisfy themselves that the Grandnanny is suitably qualified and experienced to care for their Children.

Employment Administration Services

53. In consideration for the Transaction Fee (as defined below) and subject to these Terms we shall provide the following Employment Administration Services on behalf of a Parent:

- The following monthly services:
  - Recorded payment of the Grandnanny of their salary using the funds provided by the Parent;
  - Administration of payroll for the Grandnanny using third party software. The Parent shall be responsible for providing us with all calculations and information necessary to enable us to administer the payroll for the Grandnanny using the software;
  - Production of a payslip for the Grandnanny based on calculations and information provided by the Parent;
  - Making agreed pension contributions as required; and
  - Paying over the National Insurance contributions and Employers PAYE Tax to HMRC using payment portal information and codes provided by the Parent. Such sums shall be based on calculations and information provided by the Parent.
  - The following annual services:
  - Production of a P60

54. At all times we shall enrol the Grandnannies into NEST as required and make the agreed pension contributions to such pension provider at the rate as contained in the Employment Contract. If the Parent wants to use a different pension provider they must notify us in writing with at least 15 days notice. We do not provide any financial advice or any pension advice.

55. The Parent shall provide us with all information requested by us from time to time without delay and within any specified timeframes to enable us to provide the Employment Administration Services;

56. Any services in addition to that set out in clause 54 shall attract a further fee as notified to the parent in writing.

57. At all times all Employment Administration Services are based on calculations and information provided by the Parent.

58. At all times it is the responsibility of the Parent to ensure that the Grandnanny is paid in accordance with the terms of their Employment Contract.

59. At all times it is the responsibility of the Parent to ensure that the HMRC is paid in accordance with all relevant regulations, legislation and applicable guidance.

60. When signing up to a Parent Account you will be obliged to pay the first monthly salary for the Grandnanny plus our transaction fee in advance. This payment is called “Security Fee”.

61. We shall only pay the Grandnanny on the following basis

The Grandnanny will be paid the monthly salary payable under the Employment Contract less statutory deductions as communicated to us by the Parent;

Any overtime payable to the Grandnanny shall be paid in the month following the overtime being worked, subject to such overtime being approved in writing by the Parent;

62. The Grandnanny shall only be paid via the Platform provided we are in receipt of funds from the Parent in full and without set off for the Grandnanny’s monthly gross pay, any relevant overtime, Employers PAYE Tax and National Insurance contributions, and our Transaction Fee on or before the 20th of the month in which the sums are payable to the Grandnanny subject to clause 61.

At all times the Parent remains liable for all tax and National Insurance contributions payable by the employer in respect of their arrangement with the Grandnanny. We withhold the right to adjust our service fee on occasions when NIC contributions exceed 25% of the transaction fee.
Every Parent hereby agrees to indemnify us and keep us indemnified on demand and hold us harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with:

any and all information provided by the Parent to us including without limitation all payment calculations;
any failure to pay us in contemplation of payment of the Grandnanny under clause 61;
any taxes or national insurance contributions due in respect of the Grandnanny.

Courses

65. From time to time we may help to book a Grandnanny onto a course. All courses are provided by third parties and not by us.

66. We will not pass the direct cost of a course to the Grandnanny. However, in the event that a Grandnanny books onto a course and fails to attend without a reasonable explanation or fails to attend on more than two (2) occasions then we reserve the right to charge the Grandnanny an additional administration cost and/or the direct cost of the course.

67. Failing to attend booked courses can have an impact on our ability to book future courses and may damage our reputation. In the event that a Grandnanny fails to attend a course without a reasonable explanation or fails to attend a course on more than two (2) occasions we reserve the right to refuse to book the Grandnanny onto any more courses. In exceptional cases we may terminate the Grandnanny’s Account.

Set Up Services

68. Once the Parent has decided to employ a Grandnanny we shall provide the following set up services (“Set Up Services”) in consideration for the Safe Start fee of £285:

Registration of the Parent as an employer at HMRC to obtain an Employer Reference Number;
Pension enrollment as required
We will engage a third party “Zinc Work Ltd” to provide the following, at all times the Grandnanny remains liable for all information provided:

Identity verification using biometric technology – including Adverse financial, Adverse media and Global sanctions and watchlist checks.
Right to work check using passport, birth certificate or HMRC letter, visa documents or a share code fully compliant with Global & EU law.
ID and address checks.
Enhanced DBS check including child barred list
Two verified professional references from previous employers

Registration of the Grandnanny onto third party courses which shall be certified by the relevant trainer:

CPD accredited online paediatric first aid refresher course
CPD and IIRSM accredited online safeguarding children course

Grandnanny

69. At all times the Grandnanny is responsible for ensuring that they comply with all regulatory and statutory requirements in respect of the care of the Children. The Grandnanny shall comply with all laws and regulations concerning the care of the Children.

70. Every Grandnanny warrants that they shall provide all childcare with the highest degree of care and attention and in accordance with best industry practice.

71. At all times the Grandnanny warrants and represents that any and all information provided by the Platform either to us or any Parents or third parties is true, accurate and not misleading

72. Each Grandnanny hereby agrees to indemnify us and keep us indemnified on demand and hold us harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with any and all information provided by the Grandnanny to us or any Parent or any third party via the Platform including without limitation all qualifications and experience;

Profiles

73. At all times your profile on the Platform is your responsibility.

74. You are responsible for ensuring that you provide us with up to date information at all times and that all information we hold on you is correct and not misleading in any way.

75. You understand and confirm that we do not monitor or vet any of the profiles or any information you provide to us. Engaging via the Platform with either a Grandnanny or a Parent is done so at your own risk.

76. At all times it is the responsibility of the Grandnanny and the Parent to make all arrangements to contact and assess the validity of any referee.

77. We do not inspect or confirm the validity of any documentation provided, uploaded or transmitted via the Platform including without limitation any qualifications of the Grandnanny, any insurances in place, any DBS checks, etc. You should satisfy yourself on the accuracy and validity of all information provided and all content on the Platform or profile of any other user.

The Platform

78. Access to the Platform is free of charge.

79. It is your responsibility to make any and all arrangements necessary in order to access the Platform.

80. Access to the Platform is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Platform (or any part of it) at any time and without notice. We will not be liable to you in any way if the Platform (or any part of it) is unavailable at any time and for any period.

81. Use of the Platform is subject to our Platform Terms of Use. Please ensure that you have read them carefully and that you understand them.

82. We shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except as required for any periods of maintenance.

83. The Platform may be subject to delays, interruptions, errors or other problems resulting from use of the internet or public electronic communications networks used by the parties or third parties. You acknowledge that such risks are inherent in online services and that we shall have no liability for any such delays, interruptions, errors or other problems.

84. We do not warrant that:

1. the Platform will be uninterrupted or error-free;
2. the Platform and/or the information obtained by you through the Platform will meet your requirements; or
3. the Platform will be free from vulnerabilities;

85. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

You understand and agree that at all times we may advertise other parents and other Grandnannies with similar objectives or purpose to yours via the Platform.
Nothing shall prevent us from entering into similar agreements with other Grandnannies, parents or third parties. Whilst the Grandnanny and the Parents agree to provide us with exclusivity in respect of the services we do not provide our services exclusively to the Grandnanny or the Parent.

Fee

88. The Parents shall pay us as follows:

1. £285 per Grandnanny employed by you for the Safe Start services (this is our “Set up Service”);
2. a transaction fee in respect of the Employment Administration and ongoing customer support and training offer at a rate of 10-29% per hour that the Grandnanny works per month (this is our “Service Fee”);

89. All prices exclude VAT where applicable.

90. We accept the following methods of payment:

1. Bank transfer
2. Direct debit

91. If you do not make any payment to us by the due date we may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum. This will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

Indemnity

92. Every Parent hereby agrees to indemnify us and keep us indemnified on demand and hold us harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with any breach by them of these Terms.

93. Every Grandnanny hereby agrees to indemnify us and keep us indemnified on demand and hold us harmless from and against all damages, liabilities, demands, costs and expenses including all legal and other professional fees, costs and expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) suffered or incurred by us arising out of or in connection with any breach by them of these Terms.

Our Services – General

94. As required by law, we will provide the Services with reasonable skill and care, and in accordance with any information provided by us about the Services.

95. We cannot be held responsible for any delays if an event outside of our control occurs.

96. If we require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible. If the information you provide or the action you take is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, we may charge you a reasonable additional sum for that work.

97. In certain circumstances, for example where there is a delay in you sending us certain information or taking specific action required we may suspend the Services (and will inform you of that suspension by email to the email address used to set up your Account).

98. In certain circumstances, for example where we encounter a technical problem, we may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action we will inform you in advance by email to the email address used to set up your Account before suspending or interrupting the Services.

100. If you do not pay us for the Services as required we may suspend the Services until you have paid any and all outstanding sums due. This does not affect our right to charge you interest on any overdue sums.

Cancellation

101. Please note as a Parent and the employer even if you cancel with us you shall be required to continue to pay the Grandnanny in accordance with the terms of their Employment Contract.

Cancellation subject to clause 34 (where applicable) shall be subject to a minimum contract duration of 12 weeks. If you wish to cancel under this clause 103, you must inform us of your decision to do so. You may contact us directly, using the following details: Telephone: 02034885955; Email: hello@grandnanny.co.uk; Post: 9th Floor, 107 Cheapside, London, EC2V 6DN
You may be entitled to cancel immediately by giving us written notice in the following circumstances:
We breach these Terms in a material way and fail to remedy the breach within 14 days of you asking us to do so in writing; or
We go into liquidation or have a receiver or administrator appointed over our assets;

Our Rights to Cancel

106. We may cancel the Services after we have begun providing them due to an event outside of our control that continues for more than a 12 week period, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that we have already provided up until the point at which we inform you that we are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control

107. Once we have begun providing the Services, we may cancel our contract with you at any time. We will give you at least 12 weeks written notice of such cancellation. For the avoidance of doubt we make no guarantee that a Grandnanny will be available during this period and at all times the contract in respect of the childcare services is between the Grandnanny and Parent directly. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sums. Refunds will be issued to you within 14 calendar days after the day on which we inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services.

108. We may cancel immediately by giving you written notice in the following circumstances:

You fail to make a payment by the due date. This does not affect our right to charge you interest on any overdue sums; or
You breach these Terms in a material way and fail to remedy the breach within 14 days of us asking you to do so in writing.

Problems with the Services and your Legal Rights

109. We always use reasonable endeavours to ensure that our Services are trouble-free. If, however, there is a problem with the Services please contact us as soon as is reasonable possible via email at hello@grandnanny.co.uk.

110. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

111. Parents, as a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason we are required to repeat the Services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you. For the avoidance of doubt a refund will only be in respect of the Transaction Fee and not the Grandnanny’s salary.

112. For the avoidance of doubt a Grandnanny is not a consumer.

Our Liability

113. To the maximum extent permitted by law we exclude any and all liability to you including without limitation any and all liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the terms of these Terms or in respect of the Platform or Services or otherwise.

114. To the maximum extent permitted by law we shall never be liable to you for any of the following losses:

1. Any indirect or consequential loss.

2. Loss of opportunity.

3. Loss of profits.

4. Loss of sales or business.

5. Loss of agreements or contracts.

6. Loss of anticipated savings.

7. Loss of use or corruption of software, data or information.

8. Loss of or damage to goodwill.115. To the maximum extent permitted by law:

We make no warranties regarding the Platform, Services or in respect of your data or Account. At all times the Platform is provided ‘as is’ and without warranty to the maximum extent permitted by law.
We will never be liable or responsible to you for any consequences arising as a result of in respect of:
1. The incorrect operation or use of the Platform by you (including without limitation any failure to follow any of our instructions);
2. use of the Platform other than for the purposes for which it is intended;
3. use of the Platform or any of our services with other software or services or on equipment with which it is incompatible;
4. any act by any third party (including hacking or the introduction of any virus or malicious code);
5. any modification of Platform (other than that undertaken by us or at our direction); or
6. any breach of these Terms by you.

116. We are never liable for the following without limitation:

Any employment relationship between the Parent and the Grandnanny
Any conduct of the Parent to the Grandnanny
Any conduct of the Grandnanny to the Parent or to the Children
Any calculations provided by the Parent or Grandnanny
Any information provided by the Parent
Any information provided by the Grandnanny

117. Nothing in these Terms seeks to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

118. Nothing in these Terms seeks to exclude or limit any legal rights that cannot be excluded in law.

119. All warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.

120. Our aggregate liability in respect of the Platform (howsoever arising) shall not exceed an amount equal to the lower of £100 and the Fees paid to us by you in the 12-month period immediately preceding the first incident giving rise to any claim.

Communication and Contact Details

121. If you wish to contact us with general questions or complaints, you may contact us by telephone at 02034885955, by email at hello@grandnanny.co.uk, or by post at 9th Floor, 107 Cheapside, London, EC2V 6DN.

122. For matters relating to our Services or your Account, please contact us by telephone at 02034885955, by email at hello@grandnanny.co.uk, or by post at 9th Floor, 107 Cheapside, London, EC2V 6DN.

How We Use Your Personal Information (Data Protection)

123. We will only use your personal information as set out in our Privacy Policy, available here (link) and Cookie Policy here (link).

Intellectual Property

124. You acknowledge and agree that we and/or where relevant our licensors own all patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights (in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) in the Platform.

125. We do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform.

Submitting information to us and the Platform

126. While we try to make sure that the Platform and our systems are secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

127. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

Accuracy of information on the Platform

128. While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

129. We may suspend or terminate operation of the Platform at any time as we see fit.

130. Any content we provide via the Platform or otherwise is provided for your general information purposes only and to inform you about us and our services and news, features and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

Third party providers

131. You acknowledge that the Platform may incorporate or integrate or be accessed via third-party websites and/or software. Any incorporation, integration or access via third-party websites is done so solely at its own risk by you.

132. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.

133. Any contract or agreement entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us.

134. We recommend that you refer to a third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Platform.

Other Important Terms

135. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at hello@grandnanny.co.uk

136. We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing via the email registered with your Account. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

137. You may not transfer (assign) your obligations and rights under these Terms without our express written permission.

138. The contract for our Services is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

139. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

140. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.

141. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms at any time, we will give you notice of the changes here (link) before they come into effect.

Miscellaneous

142. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

143. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

144. A reference to a statute or statutory provision is a reference to it as it is in force as at the date you agree to these Terms and Conditions.

145. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of you agreeing these Terms and Conditions under that statute or statutory provision.

146. A reference to writing or written does not include email.

147. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

148. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Law and Jurisdiction

149. These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

150. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.

151. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

152. As a Grandnanny, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.