Terms and Conditions for Childcarers

Last updated on 02/04/2019

Definitions
1. "Childcare Services" means the service provided by the Childcarer on the terms agreed between the Employer and the Childcarer;
2. "Childcare Fee" means the relevant fee to be paid by the Employer to the Childcarer in cash or by cheque on conclusion of the Childcare Services as set out on the Website and in Schedule 2 of these Terms and Conditions;
3. "Employer" means an individual or individuals to whom the Childcarer is introduced by Hello Mums and for whom the Childcare Services are provided;
4. "Members" shall mean: a person, individual and or entity that has a valid account on the Website;
5. "Introduction" means the introduction of the Childcarer to the Employer by Hello Mums;
6. "Hello Mums" means Rona Trading Limited, a company registered in England and Wales with company number 7592610;
7. "Childcarer" means the person introduced by Hello Mums to the Employer for the provision of Childcare Services;
8. "Notice" means a written notice in the form to be decided by Hello Mums and which is deemed received by the Employer on publication of such notice on the Website;
9. "Application Form" means the form provided by Hello Mums to Childcarers and which must be completed by the Childcarers to the satisfaction of Hello Mums;
10. "Website" means http://www.hellomums.co.uk.
Introduction
1. Hello Mums will only undertake business on the following terms and conditions which are legally binding on all contracting parties.
2. Hello Mums acts as an introduction party only and does not employ the Childcarers.
3. The Childcarers are under the supervision, direction and control of the Employer at all times.
4. Hello Mums is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction and/or the provision of the Childcare Services.
5. The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be include the corresponding masculine, feminine and neuter forms.
Registration Form
1. These terms and conditions shall apply to the agreement for services and shall supersede any other documentation or communication between parties.
2. When the Application Form has been submitted to the Hello Mums Website, this does not create a contract between Hello Mums and the Childcarer.
3. Nothing in these Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Hello Mums may be entitled, by virtue of any statute, law or regulation.
4. Nothing in these Conditions shall be construed as constituting a partnership or joint venture between the parties.
5. These terms and conditions are available on the Website.
Appointment
1. Hello Mums will act as the Childcarer’s introductory party and will endeavour to negotiate and conclude agreements with Employers in respect of procuring job offers.
2. This Agreement does not give rise to a contract of employment between Hello Mums and the Childcarer.
3. Hello Mums will not charge a fee to the Childcarer for facilitating Bookings.
Childcarer Obligations
1. The Childcarer should not engage in any conduct which is detrimental to the interests of Hello Mums, would negatively affect Hello Mums’ relationship with the Employer or is likely to bring Hello Mums into disrepute.
2. The Childcarer shall, before the commencement of the Childcare Services, have provided Hello Mums with satisfactory evidence of their identity, which shall include, but not be limited to, a certified copy of the Childcarer’s passport and one proof of address.
3. The Childcarer confirms that they are legally allowed to work in the United Kingdom and shall show Hello Mums documentary evidence as proof thereto.
4. The Childcarer shall provide Hello Mums with the names of two references who the Childcarer agrees that Hello Mums may approach at any time for the purpose of obtaining references about the Childcarer.
5. (A) The Childcarer will agree to provide Childcare Services to Hello Mums at pursuant to the payments terms in Schedule 1 of these terms and conditions.
6. The Childcarer will accept the Childcare Fee in cash or cheque from the Employer at the end of each booking.
7. Any change to the information contained within the Application Form will require the Childcarer to resubmit the amended Application Form that will also be subject to acceptance pursuant to Condition 3.2.
8. If, in respect of any prospective Bookings, the Childcarer is required by law, any professional body or by the Employer to hold or have any experience, training qualifications and/or authorisations, the Childcarer shall provide Hello Mums with current and valid copies of such qualifications and/or authorisations.
9. The Childcarer consents to the disclosure of all relevant information (which is required to progress any application or which is requested by the Employer) including but not limited to copies of qualifications, authorisations and/or references, by Hello Mums to the Employer.
10. The Childcarer shall immediately inform Hello Mums should there be any reason or circumstance under which it would be detrimental to the interests of Hello Mums, the Employer or the Childcarer for the Childcarer to take up a particular position with a Employer or to continue its engagement with Hello Mums.
11. The Childcarer shall inform Hello Mums of any interviews arranged between the Employer and the Childcarer, or any informal or formal offers of employment made by the Employer to the Childcarer.
12. In the event that the Childcarer is unable to honour a Booking that has been agreed with a Employer the Childcarer shall notify Hello Mums as soon as practicable.
13. The Childcarer shall notify Hello Mums immediately if there is any reason why they are unable to continue with a Booking with the Employer.
14. The Childcarer is free to undertake any other engagement or employment whilst registered with Hello Mums.
15. The Childcarer is not obligated to accept any Childcare Services or Introduction offered to him/her by Hello Mums.
16. The Childcarer should ensure that they have their own public liability cover.
17. The Childcarer must confirm the booking with the Employer on the day they are booked for childcaring.
18. The Childcarer must listen out for the child (children) and ensure they are in a position to hear any sounds from them.
19. The Childcarer must check the children regularly - particularly young babies.
20. The Childcarer must prepare feeds, change nappies, etc if requested by the Employer.
21. Childcarer must understand that He/She may not offer or accept to provide any childcare services to an Employer introduced through Hello Mums without Hello Mums agreement. Both the Employer and the Childcarer will be liable in damages to Hello Mums to compensate Hello Mums in respect of all past, present and future losses which Hello Mums has or might suffer by reason of any breach of the undertaking above up to a maximum of £5000. In addition the Childcarer will be struck off the Hello Mums Register and no further bookings will be arranged for him/her. The Employer will also forfeit 3 months' membership and their membership will be cancelled.
22. Hello Mums will suspend offering bookings to the Childcarer if Childcarer cancels already accepted bookings on more than three occurrences in the course of any six months period.
23. Hello Mums reserves the right to terminate this agreement at any time without notice or reason.
24. The Childcarer agrees that Hello Mums can periodically check their uploaded Disclosure and Barring Service (DBS) certificate against the DBS Update Service and that the results of these checks can be shared with Clients that the Childcarer has upcoming bookings with.
Childcarers May Not:
1. Make any booking directly with an Employer.
2. Fail to keep an arranged booking.
3. Be accompanied by any unauthorised person at anytime during the booking.
4. Administer any medication to a child without the written instructions of the parents.
5. Smack, slap or in any way strike a child in their care at any time.
6. Leave the Employer's home unattended at any time.
7. Go in rooms in the Employer's home where there is no need.
8. Use any of the Employer's electrical equipment unless they have been given permission to do so.
9. Use the Employer's phone to make calls unless for the well being of the child.
10. Smoke, consume alcohol, or use any illegal substances while performing childcare duties.
Hello Mums’ Obligations
1. Hello Mums shall endeavour to secure suitable job offers for the Childcarer but shall be under no obligation to find an job offers for the Childcarer at any time.
2. An offer is not made to the Childcarer until details are received by Hello Mums from the Employer. Hello Mums does not accept any responsibility and shall not be liable for any loss suffered by the Childcarer by reason of the Childcarer’s decision to resign from his/her current employment or any existing engagement before or after receipt of the Hello Mums or Employer’s offer.
Limitation Of Liability
1. Nothing in these Conditions shall exclude or limit the liability of the Childcarer for death or personal injury.
2. All parties agree that Hello Mums shall not be liable to the Childcarer or to any other third party, including, but not limited to the Childcarer’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it.
3. The Childcarer acknowledges that the decision to accept an offer is the sole responsibility of the Childcarer and Hello Mums gives no warranty, representation or undertaking as to the history, character, suitability, honesty of any Employer nor as to the completeness, truthfulness or accuracy of any information provided by the Employer. Hello Mums gives no warranty, representation or undertaking as to the character, suitability or honesty of the Employer.
4. The Childcarer acknowledges the risks inherent in participating in a childcare introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Hello Mums and any person involved in creating, producing or distributing the Hello Mums service or information pertaining to the Hello Mums service.
5. Hello Mums does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an Introduction made by Hello Mums.
6. To the extent permitted by law, Hello Mums will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the services provided by Hello Mums.
7. The Childcarer agrees to indemnify and hold Hello Mums harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Hello Mums by any third party arising out of the Childcarer’s use of the Website and the Childcare Services provided by Hello Mums, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Hello Mums in consequence of the Childcarer’s breach of these terms and conditions.
8. While Childcarer is employed by an Employer from an introduction made by Hello Mums and while travelling to or from an Employer, Childcarer undertakes to keep Hello Mums and all persons who may be employed by it or associated with it in any way whatsoever, whether by contract or otherwise, fully and effectively indemnified against all costs, claims, damages, expenses or liabilities whatsoever arising from my act, default or negligence.
Privacy Policy
1. Please read the following carefully to understand Hello Mums’ practices regarding personal data and its treatment.
2. Hello Mums is committed to protecting and respecting the Childcarer’s and the Employer’s privacy.
3. These terms and conditions set out the basis on which any personal data collected from the Childcarer, or that the Childcarer provides to Hello Mums, will be processed by Hello Mums.
4. Hello Mums may collect and process data (which includes personal data) about the Childcarer including but not limited to:
5. (A) information that the Childcarer provides by filling in the Application forms;
6. (B) If the Childcarer contacts Hello Mums, Hello Mums may keep a record of that correspondence or notes of any telephone conversations; and
7. (C) Hello Mums may also ask the Childcarer to complete surveys that Hello Mums uses for research purposes;
8. The data that Hello Mums collects from the Childcarer may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Hello Mums or for one of Hello Mums’ suppliers. Such staff maybe engaged in, among other things, the fulfillment of the Childcarer’s Agreement and the provision of support services. By submitting the Childcarer’s personal data, the Childcarer agrees to this transfer, storing or processing.
9. The transmission of information via the Internet is not completely secure. Hello Mums will use reasonable endeavours to protect the Childcarer’s personal data, but do not guarantee the security of data transmitted to the Website. Any transmission of such data is at the Childcarer’s own risk. Once Hello Mums has received the Childcarer’s information, they will use strict procedures and security features to attempt to prevent unauthorised access.
10. Hello Mums uses information held about the Childcarer in the following ways (including but not limited to):
11. (A) ensure that content from the Website is presented in the most effective manner; and
12. (B) provide the Childcarer with information, products or services that the Childcarer requests from Hello Mums or which Hello Mums feels may interest the Childcarer, where the Childcarer has consented to be contacted.
13. Hello Mums may disclose the Childcarer’s personal information to third parties (including but not limited to):
14. (A) in the event that Hello Mums sells or buys any business or assets, in which case Hello Mums may disclose the Childcarer’s personal data to the prospective seller or buyer of such business or assets;
15. (B) if Hello Mums or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Childcarers will be one of the transferred assets;
16. (C) if Hello Mums is under a duty to disclose or share Hello Mums personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Hello Mums, their Childcarers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
17. Hello Mums will provide the Employer with information about the Childcarer including but not limited to the name, sex, age, relevant experience and contact telephone number of the Childcarer and any other information relevant to the provision of Childcare Services which may be undertaken or which has been undertaken.
18. The Website may, from time to time, contain links to and from the Websites of Hello Mums’ partner networks, advertisers and affiliates. If the Childcarer follows a link to any of these websites, the Childcarer should note that these websites have their own privacy policies and that Hello Mums does not accept any responsibility or liability for these policies. The Childcarer should check these policies before submitting any personal data to these websites.
19. Any changes Hello Mums may make to the privacy policy in the future will be posted on the Website.
Indemnity
1. The Childcarer undertakes to indemnify and keep fully indemnified Hello Mums at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of Hello Mums), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Childcarer of any of the Childcarer’s obligations, undertakings or warranties as set out within these Conditions.
Assignment
1. This Agreement is personal to the Childcarer and the Childcarer shall not be entitled to assign their rights or obligations or delegate its duties under this Agreement without the prior written consent of Hello Mums.
Third Party Rights
1. Nothing in these terms and conditions intends to or confers any rights on a third party.
Severance
1. If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Waiver
1. The failure by either party to enforce at any time or for any period any one or more of these terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
Termination Of The Relationship
1. The relationship between the Childcarer and Hello Mums may be terminated by the Childcarer upon written notice to Hello Mums (by email) ("Cancellation Notice").
2. The Cancellation Notice is deemed received and applicable only when Hello Mums acknowledges receipt of the Cancellation Notice.
3. Hello Mums may acknowledge receipt of the Cancellation Notice by email.
4. Until such time as Hello Mums acknowledges receipt of the Cancellation Notice, the Childcarer’s details will continue to be held on Hello Mums database.
5. The relationship between the Childcarer and Hello Mums may be terminated by Hello Mums at any time without notice or reason.
Entire Agreement
1. These terms and conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
Governing Law
1. These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
Execution
1. SCHEDULE 1
2. Payment to The Childcarers (to be paid to the Childcarer in cash or by cheque)
3. • From £8.00 per hour
Declaration - Childcarer Declares That
1. Childcarer has never been convicted of any criminal offence at any time.
2. Childcarer has not been refused registration for nursery day care, childminding or any other childcare.
3. Childcarer has not been convicted of, investigated in relation to or committed any offences related to children.
4. No children have ever been removed from his/her care or prevented from living with him/her.
5. Childcarer has never been associated with any childcare facilities which has been in breach of childcare regulations.
6. Childcarer is aware of the Disqualification for Carers and Children Regulations 1991 and none of the circumstances set out in the regulations apply to the Childcarer;
7. Childcarer is in good health and does not suffer from any medical condition that could affect the safety of the children in the Childcarer’s care.
Terms Of Use For Childcarers
1. As a Childcarer of the Hello Mums website you agree not to engage in activities that could be construed as indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the England and Wales authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. Childcarer are advised that Hello Mums cooperates fully with all law enforcements agencies in the England and Wales and other regions as well.
2. Under the Electronic Commerce (EC Directive) Regulations 2002, Hello Mums is in general not liable for any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts.

Childcarer Terms