Terms & Conditions
Last Updated: January 2017
Please read these Terms & Conditions carefully before using this website or engaging the Services
1. AGREEMENT BETWEEN CLIENT (“YOU”) AND KERRY SECKER
1.3 For the avoidance of doubt, these terms are incorporated into any Services Kerry Secker provides.
For purposes of these Terms:
- the “Services” means any of the various services in relation to parenting that “Care It Out” or Kerry Secker provides through this website or any other channels (including social media), including advice, support and consultations over the telephone, skype, via email, social media or in person.
- “our”, “us” or “we” refers to “Care It Out” or Kerry Secker.
2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under applicable law.
By using this site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these terms and you commit to abide by all of the terms and conditions hereof.
3. RULES FOR USER CONDUCT AND USE OF SERVICES
3.1. Provision of information
(a) You agree that you will not provide us with inaccurate, misleading or false information when communicating with us through email, telephone or any other channels.
(b) Your use of the Service must be in accordance with any and all applicable laws and regulations.
(c) Opinions, advice, statements, offers, or other information or content made available on the Site but not directly by careitout.com, are those of their respective authors. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will we be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
3.2. Prohibited Uses
(a) Should we find that you violated these terms, we reserve the right, at our sole discretion, to immediately terminate your use of this site and Services.
(b) Further, in order to protect the integrity of this site and the Services, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
(a) We are neither responsible nor liable for your use of any products that we may recommend during the course of providing the Services. You use all such products at your own risk.
(b) Please always read labels, warnings and directions provided with the product before use.
(c) For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer.
(d) A recommendation by us to use the product is not intended to act as a substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that your child has a medical problem. Information and statements about products by us are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
(e) We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
4. COMPUTER OFFENCES
4.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
4.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
4.3 You mustn't try to get access to our server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
6. LINKS TO EXTERNAL SITES
6.1 Links from the Site to external sites or inclusion of advertisements do not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
6.2 You access them at their own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We do not control such sites, and are not responsible for their content.
6.3 We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this site. You hereby agree to hold Kerry Secker harmless from any liability that may result from the use of links that may appear on this site.
7. CANCELLATIONS, PAYMENTS AND REFUND POLICY
Should you wish to cancel (after verbally or in writing) the Services after terms have been agreed to with Kerry Secker but before the Services have commenced, you will be liable for 50% of the original agreed fee and such fee will become due within seven days of date of the relevant invoice.
7.2 Billing and Payment
You agree to pay us the agreed cost for the Services in accordance with the terms set out in the invoice sent by Kerry Secker to you (and in any event within 7 days of receipt of such invoice).
7.3 Refund Policy
To the extent permitted by law, Care It Out does not as a general rule provide refunds or credits for cancellations. However, Kerry may in her sole discretion issue refunds or credits when she believes they are warranted.
7.4 After Care Week
Upon your confirmation that you wish to engage Kerry Secker for an ‘After Care Week’, you are obliged to pay the full cost of the ‘After Care Week’ Service regardless of whether or not you make use (in whole or in part) of such ‘After Care Week’ Service.
8. INTELLECTUAL PROPERTY
8.1. We are the owner or licenses of all intellectual property rights in the site including, but not limited to, logos, graphics, images and in any of the material and documents posted on it. They are protected by copyright and you may only use the material and the documents in accordance with these terms.
8.2 If you breach these terms, you lose your right to use this Site, and must destroy or return any copies of documents you have made.
9. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
9.1. No Warranty
(a) The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Kerry Secker or Care It Out, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. To the maximum extent permitted by applicable law, we do not: (1) warrant the accuracy, adequacy or completeness of this information and materials; (2) warrant that your use of the services will be secure, free from computer viruses, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected; or (3) give any warranties of fitness for a particular purpose or non-infringement of third party rights.
(b) We exclude, as far as possible, all terms and warranties or promises implied by law or by statutes.
9.2. Assumption of Risk
(a) To the extent permitted by law, you assume all risk when using this site and the Services.
(b) You acknowledge that we do not have any formal medical training.
9.3. Limitation of Liability
(a) Incidental Damages and Aggregate Liability. In no event will we be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use this site or Services, including without limitation damages related to any information received from this site or Services, removal of content from the Site, or in connection with your ability to access this site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
(b) We are not liable for any failure to fulfill our obligations due to circumstances beyond our reasonable control.
(c) Nothing in these terms limits or excludes, or will be deemed to limit or exclude, our liability for fraudulent misrepresentation, death or personal injury caused by our negligence.
(d) You agree that the limitations on liability contained in these terms are reasonable. You also agree that any limitations on liability in these terms apply to you and to also to any person or company associated with you.
(e) In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through this site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
(a) You agree to defend, indemnify and hold harmless Kerry Secker from and against any losses, liabilities, damages, claims, demands and judgments arising out of or related to your breach or alleged breach of these terms.
(b) By agreeing to these Terms, users of this site and Services agree to indemnify, defend and hold harmless Kerry Secker from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by Kerry Secker in connection with any claim by a third party (including an intellectual property claim) arising out of use of this site or the Services by you in breach of these terms or in breach of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims.
10.1 We have the following confidentiality obligations to you:
(a) We will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services or if requested, required or permitted by law or any regulatory authority.
(b) We reserve the right to use external service providers for document reproduction or scanning as long as they are bound by appropriate obligations to maintain the confidentiality of the information.
(c) Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that we have worked for you as long as we do not otherwise break our obligation of confidentiality to you which is set out in these terms.
10.2 Informed consent:
(a) We may be approached by another user of this website in connection with a matter where we already hold information for you (in respect of which we have confidentiality obligations) which may be relevant to that other user. You agree that we may provide services to the other user even though their interests in the proposed matter may be adverse to your own provided that:
(i) there is no conflict of interest;
(ii) we agree to put in place and maintain appropriate measures to safeguard the confidentiality of the information we hold for you;
(iii) we consider it reasonable in all the circumstances for us to provide services to the other user.
(b) You accept in these circumstances that we will be under no obligation to disclose to you any information which it obtains for the other user.
(c) You acknowledge that from time to time, we may ask for your written consent to disclose details of our Services provided to you for the purposes of a blog, event, talk or written article. It will be at your discretion as to whether or not you agree to provide us with your written consent.
10.3 Your confidentiality obligations:
(a) You will treat all information we give you (other than information which is in the public domain) as confidential. You will not disclose that confidential information to any other person, unless we have given our written consent or as required by law or any regulatory authority to which you are subject.
(b)If you wish to pass to a third party any information we have provided to you and we have provided consent to this, we will not have any liability to them.
Please contact us as quickly as possible if you have any questions or a complaint about our service so that we can try to resolve the situation.
12. JURISDICTION AND CHOICE OF LAW
These terms shall be governed and construed in accordance with the laws of England and Wales. If there is any dispute arising out of this site and/or the Services, by using this site or the Services, you expressly agree that any such dispute shall be governed by the laws of England and Wales, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of England and Wales, for the resolution of any such dispute.
Nothing in these terms shall be construed as making either you or Kerry Secker the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. The invalidity, illegality or unenforceability of any term or provision of these terms shall in no way effect the validity, legality or enforceability of any other term or provision of these terms. These terms will be binding on and will inure to the benefit of your and Kerry Secker’s legal representatives, successors and assigns. Nothing express or implied in these terms is intended to confer, nor shall anything herein confer, upon any person other than you and Kerry Secker and your/her respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever, including pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. CONTACT INFORMATION
If you have any questions or need further information as to this site or, or need to notify us as to any matters relating to this site or Services please contact us at: email@example.com.