Terms of Use

Please read the Terms of use and privacy policy carefully. They contain important information about your rights and obligations.


Contents

1. Introduction
2. Disclaimer and limitation of liability
3. Copyright and other intellectual property
4. Privacy and data protection
5. Accessibility
6. General
7. Linking to the Website
8. Governing law


1. Introduction

1.1 These terms and conditions of use (‘Terms of use’) refer to the official website of Harrison Day Nursery (‘HDN’, ‘our’, ‘we’ or ‘us’), which is accessible via the address http://www.harrisondaynursery.co.uk and its variations (‘Website’). By using, or contributing to, the Website you (‘User’ or ‘you’) agree to these Terms of use. In particular, we draw your attention to clause 2 (Disclaimer and limitation of liability), clause 3 (Copyright and intellectual property rights) and clause 4 (Contributing to our Website). You may print and keep a copy of these Terms of use.

1.2 Together these Terms of use, About this page and About this site sections, and any web page-specific terms and conditions that may be shown on the Website from time to time, form the entire agreement between you and us (‘Agreement’). If you do not agree to be legally bound by this Agreement please leave the Website immediately. Your continued access and use of the Website will amount to acceptance of these Terms of use.

1.3 HDN reserves a right to change the Agreement at any time.

2. Disclaimer and limitation of liability

2.1 HDN does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let HDN know by sending an email to office@harrisondaynursery.co.uk and we will correct it, where we agree, as soon as practicable.

2.2 HDN gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While HDN makes every effort to ensure that the content of the Website is accurate, HDN cannot accept liability for the accuracy of all content at any given point in time.

2.3 HDN makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

2.4 Neither HDN nor any of its agents and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.

2.5 In no event shall HDN or any of its agents or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;

2.5.1 loss of actual or anticipated profits (including loss of profits on contracts);

2.5.2 loss of revenue;

2.5.3 loss of business;

2.5.4 loss of opportunity;

2.5.5 loss of anticipated savings;

2.5.6 loss of good will;

2.5.7 loss of reputation;

2.5.8 loss or damage to or corruption of data;

2.5.9 loss of use of money or otherwise,

and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.

2.6 The Website provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website. HDN takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. HDN is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or web master.

3. Copyright and other intellectual property

3.1 The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights.

3.2 HDN, its licensors, or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of use.

3.3 You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

4. Privacy and data protection

4.1 Your right to privacy is important to us. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using the Website.

4.2 Data protection

4.2.1 HDN is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Data Protection Act 1998 (‘the Act’) affords to you. HDN will hold your personal data securely in accordance with the Act, under which it is fully registered.

4.2.2 The main purpose of the Act is to contain the possible threat to individuals from the misuse of personal data relating to them held in manual records or on computing equipment. HDN complies with all requirements of the law on protection of personal data held on computer or in manual records. The same requirements apply to any records held by individual students about identifiable living individuals.

4.3 Collection and use of personal data

4.3.1 Personal data is not stored nor captured through the Website without the prior knowledge and consent of Users. Where personal information is captured (eg through web-based forms for feedback, registration, requests, etc), the User will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.

4.3.2 Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested.

4.3.3 HDN is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies with all protection the Data Protection Act 1998 (‘the Act’) affords to you. HDN will hold your personal data securely in accordance with the Act, under which it is fully registered.

4.3.4 Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

4.3.5 The Act gives you the right to see the personal information HDN holds on you. Please see Data protection for more information.

4.4 Cookies

4.4.1 This Website uses cookies – a small piece of information stored on your computer in the form of a file – where strictly necessary for the purposes of making the Website work, for monitoring performance or facilitating functionality.

4.4.2 You may refuse the use of cookies by adjusting the settings of your web browser, however please note that if you do this you may not be able to use the full functionality of this Website.

4.4.3 By using this Website, you consent to the use of cookies and use of the data they provide.

5. Accessibility

5.1 HDN seeks to ensure that people are treated equally regardless of age, disability, race, nationality, ethnic or national origin, gender, religion, sexual orientation or personal circumstances. HDN does its best to ensure that the Website is accessible to all its users and potential users, including but not limited to users with disabilities (eg visual impairments, cognitive impairments, motor impairments etc); users for whom English is a second language; users of various software; or any other users who may need to use the Website.

5.2 If you need any advice on making your web content and services accessible, please contact us.

5.3 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.

6. General

6.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.

6.2 If any provision or term of these Terms of use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

6.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

6.4 Any formal legal notices should be sent to us at the address at the end of these Terms of use by email confirmed by post.

6.5 Failure by us to enforce a right does not result in waiver of such right.

6.6 You may not assign or transfer your rights under this Agreement.

6.7 We reserve the right to bar Users from the Website and/ or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.

7. Linking to the Website

7.1 You may link your website to the home page of the Website at http://www.harrisondaynursery.co.uk, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. HDN reserves the right on demand, as it in its discretion thinks fit, to direct you to remove any links to the Website from your website and you shall promptly comply with any such direction or any other lawful direction that we may give to you in relation to the placing of any such link on your website.

7.2 You must not establish a link from any website that is not owned by you.

7.3 Our Website (or any part of its or content on it) must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

8. Governing law

8.1 The Agreement is governed by English law notwithstanding the jurisdiction where you are based. You 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 these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.

8.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of England.