Terms and Conditions of Supply

Our terms – May 2016
  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

    2. Why you should read them. Please read these terms carefully before you subscribe to Student Nannies or submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please let us know.

  2. Information about us and how to contact us
    1. Who we are. We are Student Nannies Ltd a company registered in England and Wales. Our company registration number is 09866042 and our registered office is at 59 Station Road, Princes Risborough, Buckinghamshire HP27 9DL.

    2. How to contact us. You can contact us by calling SN HQ by writing to us at by email at contactus@studentnannies.com or by post at Student Nannies Ltd, Strathyre House, 59 Station Road, Princes Risborough, Bucks HP27 9DL.

    3. How we may contact you. If we need to contact you we will do so by telephone or by writing (which may include email) to you at the email address or postal address you provided to us when you register on our website.

  3. Our contract with you
    1. How we will accept your subscription or order. Our acceptance of your membership will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    2. If we cannot accept your subscription or order. If we are unable to accept your membership or order, we will tell you in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for.

    3. Your member number. We will assign a member number and tell you what it is when we accept your membership. It will help us if you can tell us your membership number whenever you contact us.

    4. We only provide services in the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not membership from addresses outside the UK.

  4. Our services
    1. Services may vary slightly from that described. The images on our website are for illustrative purposes only.

    2. Studentnannies.com connects local students and families to offer a smart solution to term-time and school holiday childcare. Simply by registering on the site, parents can find their perfect Student Nanny match while students can find a family to help. Sign in for free using your Facebook account or email address, and create a basic profile. You’ll instantly see students or parents looking for nannying work or help with childcare in your area.

      If you want to make contact with a potential match, become a VIP Member so you can send and receive messages and be really proactive in your search. VIP Membership is just £10 a year for students while parents pay a monthly subscription of £15.

      Here’s the really clever bit – our smart search goes way beyond simple location matches. Parents can filter students according to the subject they are studying too. Meanwhile, students can search for parents by profession, so they can link with a mentor with experience or contacts in the industry they want to break into.

      Once you have found your ideal match, you negotiate hourly rates and terms of employment directly. Student Nannies does not charge a commission and there are no hidden costs – we just want to help you discover a support network that you may previously not have been able to tap into. The Student Nannies ethos is all about building relationships and helping each other.

    3. Parents, we know that your children are the most precious things in your life, so keeping them safe is of the utmost importance to us at Student Nannies. You’ll find lots of advice on Safety on our FAQs page – with tips on where to have your first meeting with a potential Student Nanny to keeping your on-line identity safe and how to check check ID and references.

      We also recommend that parents ask if students have a DBS check (Disclosure and Barring Service) or, if not, if they’d be willing to undergo one. For peace of mind Student Nannies Ltd can organise an Enhanced DBS check on a potential Student Nanny for you, with their permission. This includes checks for spent and unspent convictions, cautions, reprimands and final warnings, plus any additional information held by local police that’s reasonably considered relevant to the role being applied for.

    4. Criminal Records Bureau (CRB) checks are now called Disclosure and Barring Service (DBS) checks. DBS check applicants must be 16 or over. Access to the DBS checking service is only available to registered employers, it is not available to individuals.

      We’ve partnered with Devon County Council’s Safer Recruitment Service to provide a fast, secure, cost effective Disclosure & Barring Service (DBS) – all done online. Devon County Council is a Registered Umbrella Body with the Disclosure & Barring Service and provides DBS checks to over 900 organisations across the private, public and voluntary sectors including Universities, Schools, Academies, Colleges, Pre-schools & Nurseries, and Child & Adult Services. Average turnaround time from submission of check to receipt of disclosure is just 5 days.

      In order to make a DBS check via studentnannies.com, first ensure you are a VIP member as only VIP members are able to make DBS applications.

      To begin your application, click on the Safety button in our top navigation bar. Once you’re on the Safety page, click on the ‘Create a New DBS Application’. At this stage you will only need to provide some very basic information: the full name and email address of the Student Nanny you would like to undertake the DBS Check; your own name and email address details; and provide details to make an online payment of £65.

      The Student Nanny will then receive an email from Devon County Council requesting they complete an online form, which will take approximately 15 minutes – they will need to provide: National Insurance Number; previous 5-year address history; full name history including middle names.

      Once the Student Nanny has completed the form correctly, you will then be emailed by Devon County Council’s Safer Recruitment Service to confirm the Student’s ID. In order to do this you will have to see three forms of ID. Please only accept valid, current and original documents, do not accept photocopies. For more information on the ID approval process, see the link in Useful Links below.

      Once you have confirmed the ID of the Student, the team at Devon County Council will manage the DBS check process and once this is completed the Student Nanny will be provided with a certificate.

    5. Student Nannies does not verify or confirm the accuracy of any information contained in member profiles and you must make your own thorough checks of a Nanny’s ID, references and DBS certificate. Please remember: you are responsible for checking the DBS status, identification and references for a nanny before engaging them. Student Nannies is not liable to you for loss or damage you may suffer as a result of you not complying with this clause 4.5.

  5. Our rights to make changes
    1. Minor changes to our services. We may change our services:

      1. to reflect changes in relevant laws and regulatory requirements; and
        to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your overall use of our services.

    2. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

  6. Providing the services
    1. When we will provide the services. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.

    2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for periods where you have not been able to use your membership.

    3. Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services to:

      1. deal with technical problems or make minor technical changes;

      2. update our services to reflect changes in relevant laws and regulatory requirements;

      3. make changes to our services as requested by you or notified by us to you (see clause 5).

    4. Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. If we have to suspend our services for longer than five days in any 30 day period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than ten days and we will refund any sums you have paid in advance where you have not been able to use your membership after you end the contract.

    5. We may also suspend supply of our services if you do not pay. If you do not continue to pay us for your membership when you are supposed to (see clause 11.4) and you still do not make payment within seven working days of us reminding you that payment is due, we may suspend your membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not charge you for your membership during the period for which it is suspended.

  7. Your rights to end the contract
    1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with our services, how we are performing them and when you decide to end the contract:

      1. If what your membership doesn’t work or was misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 10;

      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

      3. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.

    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (7.2.1) to (7.2.5) below the contract will end immediately. The reasons are:

      1. we have told you about an upcoming change to our services or these terms which you do not agree to (see clause 5.2);

      2. we have told you about an error in the price or description of the services and you do not wish to proceed;

      3. there is a risk that supply of our services may be significantly delayed because of events outside our control;

      4. we have suspended supply of our services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than ten days or

      5. you have a legal right to end the contract because of something we have done wrong.

    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You can change your mind your mind within 14 days and receive a refund of any sums you have paid.

    4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Student Nannies Limited of 59 Station Road, Princes Risborough, Buckinghamshire HP27 9DL to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below:

    5. Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
      14 day period to change your mind. 21 days period to change your mind.
    6. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

      1. digital products after you have started to download or stream these; or

      2. services, once these have been completed, even if the cancellation period is still running.

    7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract at any time. If you want to end the contract in these circumstances, just contact us to let us know. Payment is made on a reoccurring monthly basis and we will not collect the next payment after you notify us you want to cancel provided you give us at least 3 days written notice. The contract will then end the day before your next payment is due. You will continue to receive the benefits of VIP membership from the date we receive your cancellation to the date on which your next payment would have been collected had you not cancelled your membership.

  8. How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

      1. Email. Email us at contactus@studentnannies.com Please provide your name, home address, your phone number, email address and membership number.

      2. Online. Click on the CANCEL SUBSCRIPTION button on the My Account section on our website.

    2. How we will refund you. We will refund you the price you paid for our services, by the method you used for payment. However, we may make deductions from the price, as described below.

    3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

      1. We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

    4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

  9. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract at any time by writing to you if:

      1. you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; or

      2. we are no longer able to provide the services.

    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  10. If there is a problem with the service
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team by writing to us at contactus@studentnannies.com or by post at Student Nannies Ltd, Strathyre House, 59 Station road, Princes Risborough. HP27 9DL.

    2. Summary of your legal rights. We are under a legal duty to supply services in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

  11. Summary of your key legal rights
    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
    For services, the Consumer Rights Act 2015 says:

    • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

    • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

    • if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

  12. Price and payment
    1. Where to find the price for the product. The price of your membership will be the price indicated on the sign-up pages. We take all reasonable care to ensure that the price advised to you is correct.

    2. When you must pay and how you must pay. We accept payment with Visa, MasterCard, and American Express.

    3. Free Trials

      1. If you are a parent and sign up for a free trial: your VIP membership to Student Nannies will be free of charge for the duration of the trial period. VIP membership means you can use all the features of the site. During the sign-up process, you will be required to enter your payment card details (hosted by our secure technology partner).

        If you do not cancel your membership 24 hours before the end of the trial , you will then be charged the monthly fee for your VIP membership displayed in the sign-up process (currently £15 per month). You will be charged this fee each month on a continuous and reoccurring basis until you cancel your membership with Student Nannies.

      2. If you are a student and sign up for a free trial: your VIP membership to Student Nannies will be free of charge for the duration of the trial period. . VIP membership means you can use all the features of the site. During the sign-up process, you will be required to enter your payment card details (hosted by our secure technology partner).

        If you do not cancel your membership 24 hours before the end of the trial period, you will then be charged the annual fee for your VIP membership displayed in the sign-up process (currently £10 per year). You will be charged this fee on each anniversary of the end of your first three months VIP membership on a continuous and reoccurring basis until you cancel your membership with Student Nannies.

  13. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

    3. You must comply with clause 4.5. It is your responsibility to satisfy yourself that the nanny you are engaging is suitable for you and your family. Student Nannies does NOT undertake any sort of interview or screening process on nannies on the Student Nannies website and you must check a person’s identification and references before engaging them. Student Nannies is not liable for loss or damage you suffer as a result of you not complying with clause 4.5.

    4. The total liability of Student Nannies under our contract with you is limited to £1,000.

    5. We are not liable for business losses. We only supply services for domestic and private use. If you use the services to for any commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  14. How we may use your personal information
    1. How we will use your personal information. We will use the personal information you provide to us:

      1. to supply our services to you;

      2. to process your payment for our services;

      3. in accordance with our Privacy Policy; and

      4. if you agreed to this during the sign-up process, to give you information about similar services we might provide in the future, but you may stop receiving this at any time by contacting us.

    2. We will only give your personal information to third parties where the law either requires or allows us to do so.

  15. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 working days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of our services in the English courts if you live in England. If you live in Scotland you can bring legal proceedings about the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings about the services in either the Northern Irish or the English courts.

    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we would use and we can provide you with details on request to contactus@studentnannies.com You can still bring legal proceedings if you are not satisfied with the outcome any ADR process. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.