RESTLESS KIDS TERMS OF SERVICE
EFFECTIVE FROM 1 NOVEMBER 2023
These Terms apply to all users and Class Providers, but we have separated the relevant provisions for ease as follows:
- Part A applies to all users
- Part B applies only to Class Providers.
PART A: ALL USERS OF THE SITE
1.2 We may update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. We shall notify you of any changes we make to the Terms if you have a current registered account on the Site. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible.
1.3 The Site is an online marketplace where Class Providers can list their Classes, and Carers can book some Classes. We are an intermediary platform and we are not bound by any contract that may arise at any time between a Class Providers and a Carer. We do not employ any Class Provider, and we do not provide the Classes ourselves.
2. Definitions & Interpretation
2.1 Words defined in Condition 1 shall have the same meaning when used throughout the Terms. In addition, the following words have the following meanings:
Carer: any individual who books a Class on the Site and/or any adult who attends a Class booked through the Site;
Class: any class provided by a Class Provider and listed on the Site, including both an online class and an in person class;
Class Provider: an individual, business or other entity that registers on the Site in order to promote and sell their Classes;
Class Provider’s Terms: the terms and conditions on which the Class Provider provides the Classes (if any);
IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in confidential information or any similar of equivalent rights in any part of the world;
Working Day: any day other than a Saturday, Sunday or public holiday in England; and
you: any user of the Site, including a Class Provider and/or Carer as the case may be.
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 Headings shall not affect the interpretation of the Terms.
2.4 References to Conditions are references to the conditions of the Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
2.6 Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related words.
3. Site Use and Availability
3.1 When you use the Site you must comply with all applicable laws and you agree not to:
(a) try to gain access to networks, servers or computer systems connected to the Site;
(b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the consent of the holder of the appropriate rights to such information;
(c) add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
(d) transmit spam, chain letters or other unsolicited emails;
(e) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion;
(f) cause any damage to the Site or impairment of the availability or accessibility of the Site;
(g) store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(h) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the Site; and/or
(i) view or access the Site with the intention of replicating similar content or functionality within a competing platform, site or mobile application.
3.2 The copyright in the Site and all content on the Site is owned by or licensed to us. All rights are reserved. You may not copy or distribute any part of the Site without our prior written consent or the prior written consent of our licensor.
3.3 We try to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
3.4 We are not liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.
4.2 If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties to that provision and all other provisions shall remain in full force and effect.
4.3 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
4.4 Notices may be sent under the Terms by email to the latest email address notified by a party. Notices shall be deemed received on the date of sending of the email.
4.5 We may assign or otherwise transfer our rights and obligations of the Terms to third parties. You remain bound by the Terms following such assignment or transfer.
4.6 The Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.