DIGITAL PRODUCTS
(1) Copyright notice
Copyright © 2023 Lullaby Nannies
We control the copyright and other intellectual property rights in our digital products (ebooks, downloads and online courses) Subject to the licence below, all these intellectual property rights are reserved.
(2) Licence to use digital products
Subject to your payment of the applicable price and compliance with the restrictions below and the other terms of this disclaimer, we grant to you a worldwide non-exclusive non-transferable licence to:
[(a) download a copy of the digital product
(b) store and view a single copy of the digital product on not more than 2 desktop or notebook computer[s];
(c) store and view a single copy the digital product on not more than 2 ebook reader[s], PDA[s] or similar electronic device[s]; and
(d) print a single copy of the digital product solely for your own non-commercial purposes.
You must not in any circumstances:
[(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the ebook or any part of the digital product;
(b) edit, modify, adapt or alter the ebook or any part of the digital product;
(c) use of the digital product or any part of the ebook in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) use of the digital product or any part of the ebook to compete with us, whether directly or indirectly; or
[(e) use the digital product or any part of the digital product for a commercial purpose].
You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices in the ebook.
The rights granted to you by this disclaimer are personal to you, and you must not permit any third party to exercise these rights.
If you breach any of the terms of this disclaimer, then the licence set out above will be automatically terminated upon such breach (whether or not we notify you of termination).
Upon the termination of the licence, you will promptly and irrevocably delete from your computer systems and other electronic devices any copies of the ebook in your possession or control, and will permanently destroy any paper or other copies of the ebook in your possession or control.
(3) Not medical advice
The information provided is not medical advice, and should not be treated as such.
You must not rely on the information in the digital product as an alternative to medical advice from an appropriately qualified professional.
[You should never delay seeking medical advice, disregard medical advice, or commence or discontinue any medical treatment because of information in the digital product]
(4) Limited Warranties
Whilst we endeavour to ensure that the information in our digital products are correct, we do not warrant or represent its completeness or accuracy.
We do not warrant or represent that the use of our digital products will lead to any particular outcome or result.
To the maximum extent permitted by applicable law and subject to the first paragraph of Section [5] below, we exclude all representations, warranties and conditions relating to our digital products and the use of our digital products.
(5) Limitations and exclusions of liability
Nothing in this disclaimer will: (i) limit or exclude our or your liability for death or personal injury resulting from negligence; (ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (iii) limit any of our or your liabilities in any way that is not permitted under applicable law; or (iv) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the disclaimer or in relation to our digital products, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
[We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(6) Trade marks
Our Name and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks in the ebook are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(7) Pirate copies
If you have bought or received a copy of our digital products from any source other than then that copy is a pirate copy. If this has happened to you, please let us know by email to info@lullaby-nannies.com
(9) Governing law
This disclaimer shall be governed by and construed in accordance with English law.
STAFF PLACEMENT
1. Lullaby Nannies (hereafter referred to as the Agency) will only undertake business on the following Terms and Conditions: These terms are legally binding, so please read them carefully. The acceptance of a Candidate introduced by the Agency will be deemed as acceptance of our Terms and Conditions of Business and the Associated Schedule of Booking Fees.
2. Upon confirmation of booking a Candidate (Maternity Nurse/Night Nanny/Maternity Nanny) the Client will be charged the relevant booking fee as outlined in the Booking Fees. The fee must paid prior to the date that the booking commences.
3. The Client will be charged the daily Booking Fee for each day/night Candidate is booked or a one off block booking fee for placements of up to 3 and 6 months. Any Candidate returning at a future date will incur further booking fees and the Agency must be notified of such an arrangement by the Client.
4. The Agency assumes that the details of the engagement have been agreed between the Client and the Candidate unless the Client informs the Agency in writing to the contrary prior to the commencement of the Engagement.
5. The Client is liable to pay the candidate at the start of each day, night or week they are booked for.
6. The Agency acts as an introduction only agency and does not employ the Candidate who is self-employed.
7. All information is confidential and must not be passed to a third party, either directly or indirectly. If information is passed to a third party and a Candidate is booked/engaged otherwise than through our Agency, this will constitute a breach of our terms, and our standard booking fees will be charged to the Client.
8. The Client must reimburse the Candidate any reasonable expenses agreed prior to the booking upon presentation of receipts.
9. Agency fees are non-refundable. If during a booking unforeseen circumstances arise resulting in the departure of the Candidate, the Agency will offer an alternative candidate for the remainder of the booking if:
A) There has been no reasonable cause for the Candidate to terminate the booking
B) The agency is advised in writing (via email or messaging service) immediately upon the booking being terminated
C) The Booking Fee has been received
10. If no suitable replacement can be found, the Booking Fee will be refunded pro rata.
11. In the event that the Client wishes to cancel the booking prior to commencement due to extenuating circumstances, the Agency reserves the right to retain the Booking Fees for work incurred.
12. While the Agency endeavours to verify the background of staff introduced before employment commences, we cannot guarantee that all the information regarding the Candidate is accurate. The Agency does not accept any liability whatsoever for misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an introduction made by the Agency
13. Whilst the Agency ensures that a potential Candidate is interviewed personally and full reference checks are carried out, it is ultimately the sole responsibility of the Client to satisfy themselves’ as to the suitability of the Candidate. The Agency gives no guarantee regarding the capability, character, medical condition, age, or suitability of the Candidate. The final responsibility for employing a candidate lies with the Client.
14. A fee of £650.00 or 4 x the weekly salary is payable (whichever is greater) for a Candidate who is subsequently booked as a Nanny by the Client.
15. The Agency reserves the right to use its own discretion with regard to any issues arising not itemised in its terms.
