BACKGROUND

A          These Terms and Conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which you may use this website, https://www.neevhive.co.uk (“Our Site”).

 

B          Please read these Terms carefully and ensure that you understand them before using Our Site. You will be required to read and accept these Terms if you wish to feature your services on Our Site.

 

C          We provide an online Platform that connects parents in search of consultants (Parents) to a network of specialist consultants and therapists that can provide bespoke advice and education to meet individual Parent’s needs (Consultants).

 

D          At no time will a contract come into existence between Us and Parents for the services required from Consultants.  Any contract formed between a Consultant and a Parent for the Consultant’s services will be solely between the Consultant and Parent.

 

E          Our Site is directed to Parents and professional Consultants based in the United Kingdom only. A Consultant must be resident in the United Kingdom in order to register with us.

 

Whether you are just visiting Our Site or wishing to register with Us as a Consultant, differing terms apply.  For ease of reference, We have set out here an index to the terms so you can scroll down to them easily.

 

A          Terms Applicable to all Users

  1. Definitions and Interpretation
  2. Information About Us
  3. Access to Our Site
  4. Profiles
  5. Intellectual Property Rights and Use of Our Site
  6. User Content
  7. Links to Our Site
  8. Links to Other Sites
  9. Third Party Advertising
  10. Disclaimers and Legal Rights
  11. Viruses, Malware, and Security
  12. Acceptable Usage Policy
  13. Privacy and Cookies
  14. How We Use Your Personal Information (Data Protection)
  15. Changes to these Terms of Use
  16. Law and Jurisdiction

 

B          Terms Applicable to Consultants

  1. Applying for an Online Profile
  2. Our Platform
  3. Online Profile Fees
  4. Payment Service
  5. Fees and Payments
  6. Subscription Period
  7. Profiles on Our Platform
  8. Rules and Acceptable Usage Policy
  9. Our Liability to You
  10. Events Outside of Our Control (Force Majeure)
  11. Data Protection
  12. Reviews
  13. Ranking
  14. Other Important Terms

 

C          Terms Applicable to Parents

  1. Our Platform
  2. Intellectual Property Rights
  3. Problems with Transactions and Your Rights
  4. Our Liability to You

 

A     Terms Applicable to all Users

  1. Definitions and Interpretation

1.1       In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Consultant” means a User who provides professional services as set out in Profiles;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Free Trial” means the period as stated on the Website from the date that We feature a Profile on Our Site, or such other extended period as we may, at our absolute discretion, offer to Consultants;

“Platform” means Our platform for Parents and Consultants on Our Site;

“Profile” means a listing on Our Platform advertising Consultant services;

“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;

“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;

“Month” means a calendar month;

“Subscription” means the length and price of Your Subscription as set out in the your confirmatory email, which will automatically renew for the same duration until such time as You or We end the Contract;

“Working Day” means a day (other than a Saturday, Sunday or public or bank holiday in England and Wales)

“Online Profile Fee” means a fee payable for submitting and/or renewing an online profile;

“Payment Service” means the payment service provided by Stripe Payments Europe, Limited;

“Third Party Payment Service Provider” means Stripe Payments Europe, Limited;

“User” means a user of Our Site;

“User Content” means any Content added to Our Site by a User;

“We/Us/Our” means Neev Hive Ltd, a company registered in England under company number 12091893 and whose registered address is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

 

  1. Information About Us

2.1       https://www.neevhive.co.uk is a Site owned and operated by Neev Hive Ltd, a company registered in England under company number 12091893 and whose registered address is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.

2.2       You can contact us by writing to us at the above address, by emailing us at admin@neevhive.co.uk or via the Site at https://www.neevhive.co.uk/#contact

 

  1. Access to Our Site

3.1       Access to Our Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.

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

 

  1. ONLINE PROFILES

4.1       The ability to feature Consultant services on Our Site require the submission of a registration form in order for Us to be able to upload Profiles onto Our Site.

4.2       When submitting a registration from, the information you provide must be accurate and complete. It is your responsibility to ensure that your Profile is kept up-to-date.

4.3       All personal information provided in your Profile will be published on Our Site and will be collected, used, and held in accordance with your rights and Our obligations under the law.

4.4       You may change, update or remove your Profile by emailing us at admin@neevhive.co.uk.

 

  1. Intellectual Property Rights and Use of Our Site

5.1       With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2       Subject to sub-Clause 5.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3       You may:

5.3.1    access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

5.3.2    download Our Site (or any part of it) for caching;

5.3.3    print one copy of any pages from Our Site;

5.3.4    download extracts from pages on Our Site; and

5.3.5    save pages from Our Site for later and/or offline viewing.

5.4       The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5       You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

 

  1. User Content

 

6.1       User Content on Our Site includes (but is not limited to) information presented by Consultants, and Parent reviews and feedback.

6.2       You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3       You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4       You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.5       For the removal of all other User Content, please contact Us. We will use reasonable efforts to remove the User Content from Our Site at Our sole discretion. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6       We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

 

  1. Links to Our Site

7.1       You may link to Our Site provided that:

7.1.1    you do so in a fair and legal way;

7.1.2    you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

7.1.3    you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

7.1.4    you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2       You may not link to any page other than the homepage of Our Site.  Linking to other pages (known as “deep linking”) requires Our express written permission.

7.3       Framing or embedding of Our Site on other websites requires Our express written permission.

7.4       You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

7.4.1    is sexually explicit;

7.4.2    is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.4.3    promotes violence;

7.4.4    promotes or assists in any form of unlawful activity;

7.4.5    discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.4.6    is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7    is calculated or is otherwise likely to deceive another person;

7.4.8    is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9    misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10  implies any form of affiliation with Us where none exists;

7.4.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.4.12  is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Third Party Advertising

9.1       We may feature Third Party Advertising on Our Site.

9.2       You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3       We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

 

  1. Disclaimers and Legal Rights

10.1     Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.

10.2     Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3     We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date and we have no responsibility for any information placed on our Site by Consultants.

10.4     We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

  1. Viruses, Malware, and Security

11.1     We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.

11.2     You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

11.3     You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4     You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.5     You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6     By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Usage Policy 

12.1     You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1  you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;

12.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2     When using Our Site, you must not communicate or otherwise do anything that:

12.2.1  is sexually explicit;

12.2.2  is obscene, deliberately offensive, hateful, or otherwise inflammatory;

12.2.3  promotes violence;

12.2.4  promotes or assists in any form of unlawful activity;

12.2.5  discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

12.2.6  is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7  is calculated or is otherwise likely to deceive;

12.2.8  is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9  misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10  implies any form of affiliation with Us where none exists;

12.2.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

12.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3     We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

12.3.1  removing your User Content from Our Site;

12.3.2  issuing you with a written warning;

12.3.3  issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

12.3.4  commencing further legal action against you as appropriate;

12.3.5  disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

12.3.6  any other actions which We deem reasonably necessary, appropriate, and lawful.

12.4     We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy and Cookie Policy, availablefrom insert link.

 

  1. How We Use Your Personal Information (Data Protection)

14.1     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

14.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policyinsert a link.

14.3 All emails sent to Consultants via the Neev Hive website will be copied to admin@neevhive.co.uk to enable Us to keep a record of website usage.

 

  1. Changes to these Terms

15.1     We may alter these Terms at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

15.2     In the event of any conflict between the current version of these Terms and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

15.3     These Terms were last updated on 25th October 2019.

 

  1. Law and Jurisdiction

16.1     These Terms and Conditions, 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.

16.2     Any disputes concerning these Terms and Conditions, 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.

 

B     Terms Applicable to Consultants

 

  1. Applying for an Online Profile

17.1     In order to apply for an online Profile to feature on Our Site, you will be required to complete and submit a registration form.

17.2     The submission of a registration form will constitute an offer by you to use Our Platform in compliance with these Terms.

17.3     We may accept or reject a registration from at our discretion but a registration request will not be accepted until such time as We have uploaded your Profile onto Our Site.

17.4     Rejection by us of a registration request, including any communication that may accompany such rejection, will not constitute a counter-offer capable of acceptance by you.

 

  1. Our Platform

Our Platform is provided solely as an online venue for Consultants and Parents. We are not a party to any transactions or other relationships between Consultants and Parents. You hereby acknowledge and agree that:

18.1     We will not be a party to any dispute between you and any Parents or another Consultant. Any claims must be made directly against the party concerned;

18.2     We do not pre-screen Consultants or the services featured in Profiles on Our Platform. We are not, therefore, in any way responsible for any Consultant services or for the content of any Profiles; and

18.3     Our Platform is limited to the registration and introduction of Parents and Consultants. As a Consultant with a Profile on Our Platform, you confirm that you are completely independent of Us in respect to the services you provide to Parents.

18.4     By using Our Platform you understand and agree that We may use the Site, and your details to promote the Site on all forms of social media.

 

19           Online Profile Fees

19.1          Online profile fees of £12.50 per calendar month per online profile are charged when submitting a new online profile and/or when renewing an existing online profile.

19.2          Online profile fees are payable whether or not your profile leads to a consultation with a potential client.

 

  1. Payment Service

20.1          All Payments on Our website are made through the Payment Service provided by Stripe Payments Europe, Limited, Our Third Party Payment Service Provider.

20.2          Your use of the Payment Service will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Us.

20.3          By using the Payment Service, you acknowledge and agree to Us sharing your personal information with the Third Party Payment Service Provider.

20.4          The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

 

 

 

  1. Fees and Payments

21.1       When subscribing to our Site, you will be required to pay:

21.1.1   The first Subscription fee as set out on our Site.  All further monthly fees payable will automatically be collected by our Third Party Payment Service Provider.

21.2       We may, from time to time, offer special prices, discounts and other promotional offers.  Any such special prices will be valid only for the period advertised.

21.3       All payments must be made using our Third Party Payment Services Provider, who We may change from time to time.

21.4       We reserve the right to increase Subscription fees upon the giving of 28 day’s written notice and the new fee will become payable after the said notice, on the next Subscription billing date.

21.5       If We become registered for VAT We will give you 28 days’ notice.  Thereafter all fees and payments due to us will be subject to VAT at the prevailing rate.

 

  1. Subscription Period

22.1     The monthly subscription fee will be paid two weeks in advance of the subscription month start date to allow Us to create and display your online profile on Our site (i.e. if Your Subscription starts on 6th April, Your payment would be due on 23rd March and the Subscription month where your online profile would be visible would be 6th April to 4th May).

22.2     Your subscription will automatically renew at the end of the Subscription month.

22.3     A minimum of 3 months subscription is required following the start date of your Subscription month.

22.4     If you do not wish to renew your Subscription after a minimum of 3 months, you may cancel your Subscription by contacting us via email at admin@neevhive.co.uk at least 14 days prior to the expiry of Your current Subscription stating that you wish to cancel Your Subscription.

 

 

23 Profiles on Our Platform

23.1     You may only offer your services on Our Platform.

23.2     All information submitted by you on the registration request will appear on your Profile.

23.3     You must not use any Content that belongs to other parties in your Profile without their expressed permission.

23.4     You warrant that all information within your Profile is truly accurate, that you are qualified and/or experienced to carry out the services featured in your Profile and that you will ensure the details of your Profile are kept fully up to date.

 

24 Rules and Acceptable Usage Policy

24.1     When using Our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 24. Specifically:

24.1.1  you must ensure that you comply with all statutory requirements relating to the provision of your services to the general public and comply with all aspects of the Consumer Rights Act 2015 and any other legislation or code of practice or good practice rules and procedures that apply to the services provided by you;

24.1.2  you must ensure that you comply with all national and local laws and/or regulations that apply to the provision of services to consumers;

24.1.6  you must always provide accurate, honest information about yourself and any and all services that you are offering on Our Platform; and

24.1.7  you must carry out your services with reasonable care and skill, consistent with best practices and standards within the healthcare profession, and in accordance with any information provided by you within a Profile.

 

25 Our Liability to You

25.1     As stated in Clause 18, We are not a party to any transactions, other relationships, or disputes between Consultants and Therapists.

25.2     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.

25.3     Subject to sub-Clause 25.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

25.4     Without prejudice to clause 25.2 Our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed £50.00.

25.5     Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

 

26 Events Outside of Our Control (Force Majeure)

26.1     We will not be liable for any failure or delay in performing Our obligations to you 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, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

26.2     If any event described under this Clause 26 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

26.2.1  We will inform you as soon as is reasonably possible;

26.2.2  Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;

26.2.3  We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary.

 

Data Protection

27.1     As a Consultant, you will also collect, hold, and process Parents’ personal information in the course of transactions (for example, names, email addresses, and postal addresses) and will also collect special categories of personal data about Parents (this may include details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, information about health, and genetic and biometric data).  You must have your own privacy policy in place to govern your collection, processing, and holding of Customers’ personal data.  You are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Parents’ rights under the GDPR. You must only use the personal data of other Users (whether they are Consultants or Parents) to the extent necessary to communicate via Our Platform, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

27.2     If a Consultant and Us are found to be joint data controllers of any Parents’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Parent’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.

 

28 Reviews

28.1     We will publish reviews on the Site.

28.2     We will not monitor reviews which shall automatically be published without prior notice to Consultants.  If you object to the contents of a review, you must notify Us of such objection in writing within 14 days of publication of the review on the Site providing any evidence supporting your contrary views/objections.

28.3 We will consider the objections of a Consultant notified to Us in accordance with clause 25.4 and any decision to remove the relevant review will be at Our absolute discretion and that decision is final. Any review that cannot be proved to the contrary shall stand as the reasonable opinion of the User posting the review.

28.5  We will not monitor reviews but if We are made aware of any review that we consider to be inappropriate, defamatory, vulgar or abusive; to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then We will remove the review.

28.6 If, in Our reasonable opinion, reviews reflect low standards of a Consultant or the services provided, or if a the general rating given by falls below 2 stars, We reserve the right to investigate any such reviews and/or may (ii) offer no more than 2 months for the Consultant’s reviews to improve; and/or (ii) suspend or terminate this Agreement immediately on the provision of written notice to the Consultant.

 

29 Ranking

We may determine the ranking of any Consultant or Profiles at Our absolute discretion.

 

30 Other Important Terms

30.1     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.  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.

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

30.3     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.

30.4     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.

 

C     Terms Applicable to Parents

 

31 Our Platform

Our Platform is provided solely as an online venue for Parents and Consultants. We are not a party to any transactions or other relationships between Parents and Consultants. You hereby acknowledge and agree that:

31.1     We will not be a party to any dispute between you and any Consultant. Any claims must be made directly against the party concerned;

31.2     We do not undertake any screening or vetting of the Consultants, their qualifications or the services advertised in Profiles on Our Platform.  Therefore, any Profile is not an endorsement by Us of the Consultant or the Consultant’s services provided, nor are such Profiles any type of recommendation and we are not in any way responsible for any services provided by Consultants, or for the content of any Profiles.

31.3     You should make your own enquiries as to the suitability of the Consultant before using their services.

31.4     We provide information on a wide range of Consultants but there may be other consultants or service providers that are more appropriate, suitable or lower in cost available for you than those on Our Platform.

 

32 Intellectual Property Rights

32.1     The provisions of Our Terms apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Platform in Listings.

32.2     You must, at all times, respect the intellectual property rights of Consultants and other Users on Our Platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

 

33 Problems with Transactions and Your Rights

33.1     As required by law, Consultants must provide their services with reasonable skill and care, consistent with best practices and standards, in accordance with any Codes of Conduct to which they are subject under a regulatory or licencing body, and in accordance with any information provided by the Consultant within a Profile.  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.

33.2     If you have any cause of complaint about the Consultant services provided you should contact the Consultant immediately.

 

34 Our Liability to You

34.1     As stated in Clause 31, We are not a party to any transactions, other relationships, or disputes between Consultants and Parents. Furthermore, make no warranties as to the quality, safety, or legality of any Consultant services.

34.2     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.

34.3     Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

34.4     Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.