Terms and conditions

Terms of Usage

TERMS AND CONDITIONS

Welcome to the Clay App, a mobile application that is designed to help parents interact with and seek support from members of their network and broader communities.  

This application is designed to mimic off-line behavior by allowing members of a network to interact with and provide support to each other.  It is not intended to operate as an open marketplace for the provision of child-related services.  It does not operate as a commercial agency or allow service providers to advertise their services to the world at large.

Set out below are the terms and conditions which govern the use of the Clay App.  Please read them carefully.  By downloading, accessing or using the Clay App, You are agreeing to these terms and conditions.

 

  1. Background

1.1 The App is owned and operated by Claytheapp.

1.2 By accessing or using the App You agree to be bound by the Terms and Conditions set out below and the Privacy Policy of Claytheapp located at www.clay.club.

1.3 Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations.  

1.4 If You do not wish to be bound by the Terms and Conditions then do not use the App.

1.5 Claytheapp reserves the right to amend the Terms and Conditions and its Privacy Policy from time to time in its sole discretion, so You should check them regularly. By using the App at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions and Privacy Policy in use.  If You do not agree to the current Terms and Conditions or Privacy Policy in use, then do not use the App.

1.6 If You do not understand any of the Terms and Conditions, or You have any questions, please contact Claytheapp at hello@clay.club.

 

2. Definitions and Interpretation

Definitions

2.1 In these Terms and Condition, the following words have the following meanings:

 

 

App means Claytheapp’s mobile application that is available for download via the App Store or the Google Play Store.

Child Minder means a User who uses or accesses the App in order to provide or offer Child Related Services to a Parent in respect of a Child or Children.  Child Minders may also be Parents.  In these Terms and Conditions, a Child Minder will therefore be a person who is using the App in their capacity as a Child Minder.

Child Related Services means the services offered or provided by a Child Minder to a Parent that are organised via the App and may include the provision of transport or the provision of childminding or babysitting.

Children means persons under the age of 18 years old, including a baby.  Child has a corresponding singular meaning which are arranged or acquired using the App.

Data means any data that You input into the App or that is collected with Your authority.

Claytheapp, Us or We means Claytheapp (Company Number 11870733).

Fees means the fees for the Services as published on the App or as otherwise agreed with Us or notified to You from time to time.

GST means Goods and Services Tax or equivalent value added tax in Your jurisdiction.

Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

Parent means a User who uses or accesses the App in order to obtain the services of a Child Minder to provide Child Related Services in respect of the care of their Child or Children. Parents may also be Child Minders.  In these Terms and Conditions, a Parent will therefore be a person who is using the App in their capacity as a Parent.

Services means the services offered via the App which allow Parents to interact with, engage and obtain Child Related Services from Child Minders.

Terms and Conditions means these terms and conditions.

Vehicle means any vehicle used by a Child Minder to transport a Child.

Venue means the place or location at which Child Related Services are to be provided and may include a collection and destination point.

You or User means all people who access or use the App and includes Parents and Child Minders, and Your and Users have corresponding meanings.

 

2.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

a.) a reference to a word in its singular form shall be taken to include its plural form, and vice versa; 

b.) the words “include”, “including” and “includes” are not words of limitation;

c.) a reference to a party or person in these Terms and Conditions includes a reference to any agent of such party or person; and

d.) a reference to these Terms and Conditions or any other document shall be taken to be reference to the most recent revision of the document referred to.

 

3. The Basics – About the App

The App operates as a platform that allows Parents to interact with and obtain Child Related Services from Child Minders.  Claytheapp is not an agent for Parents or Child Minders, nor is it an agent for any third party suppliers of other goods or services that may be advertised on the App.  

As the App acts only as a venue for Parents and Child Minders to interact, Claytheapp is not, and does not become, a party to any contractual relationship between the Parent and the Child Minder.  

Save as set out in these Terms and Conditions, We do not mediate between the Parent and the Child Minder in the event of any dispute arising between them.  Where a complaint is  made, Claytheapp will investigate the complaint in order to determine whether there has been a breach of the Terms and Conditions and make a determination in this regard.  Any decision made by Claytheapp regarding whether there has been a breach of the Terms and Conditions will be final.

We may add, remove or change the Service, including its features, its functions and our content, from time to time, at our absolute discretion without notice to You.

These Terms and Conditions relate to the use of our App.  Parents and Child Minders are free to agree the terms and conditions which apply to Child Related Services acquired.  However, the App will require Child Minders and Parents to agree to the following matters before a Child Related Service can be arranged via the App:

the duration of the Child Related Services, including the date and time of when the services are to start and finish;

the Venue(s) at which the Child Related Services are to be undertaken;

the provision of emergency contact details;

the relationship of the Parent and the Children;

whether there are any special medical, dietary or social requirements or instructions relating to the Child or Children which must be followed.

It is a condition of use of the App that any changes to matters that have been agreed between the parties must be agreed and recorded in the booking related chat.

 

Working with Children

The App is intended to operate as a venue which allows Parents to draw upon and offer assistance to members of their network and community.  It is not intended to establish a free marketplace.  Nevertheless, laws in each State and Territory govern and limit the ability of persons to work with children or be involved in child-related work. Many of those laws require certain persons to undergo certain identity, background and criminal checks that are commonly referred to as working with children checks. In many cases, a working with children check is required (both in respect of a Child Minder and other individuals who may be present at the Venue) regardless of whether the work done is for a reward or is voluntary, however, there are exceptions to the working with children check requirements in each State and Territory which may or may not be applicable in any individual case.

It is important to be aware that a working with children check in one State or Territory will not necessarily be valid for use in another State or Territory and that these checks expire after a certain period of time.  Some States also require that Venues be licensed.  There is significant difference between the laws of each State and Territory.  It is the responsibility of Parents and Child Minders to check and comply with the laws which apply to them.

For more information about the applicable laws and how they apply to You and Your situation, You should seek appropriate legal and professional advice.

As the App is merely a venue for Parents and Child Minders to interact, and does not provide babysitting or child-minding services or employ persons to provide such services, We do not (nor are We under an obligation to) screen or verify whether a Child Minder has a working with children check which enables that Child Minder to undertake child-related work in Your State or Territory.

If a Child Minder’s profile states that they have a working with children check, We do not guarantee that such check is valid or current.  Parents are strongly recommended to check that any Child Minder has a valid working with children check for their State or Territory before engaging that Child Minder to provide Child Related Services.

Notwithstanding the above, We may, in our absolute discretion (but without any obligation to do so), introduce requirements for Child Minders to provide evidence of their compliance with any working with children check requirement. We may also, in our absolute discretion (but without any obligation to do so), suspend and/or terminate a User’s Account where We have reason to believe that a User is lawfully required to hold a valid working with children check  and evidence of a satisfactory check is not provided.

 

Use of Software

Subject to the terms of these Terms and Conditions, We grant You the right to access the App and to use the Service via the App. This right is non-exclusive, non-transferable, and limited by and subject to the terms of these Terms and Conditions.  

 

Your Obligations

Our Fees and Charges

It is free to use and download the App during the trial.  However, some features of the App may only be used upon payment of a transaction or other fee (Fee).  Where a Fee of this nature is charged it will be disclosed and You will be given an opportunity to decline the purchase before the Fee is charged. / In consideration for the Service, You must pay the Fees specified at the time of purchase plus any applicable GST.

All Fees quoted are inclusive of GST.

We will issue You with a Tax Invoice in respect of the Fees in accordance with the GST Act or taxes applicable in Your jurisdiction.

We reserve the right to change any Fees advertised on the App at any time.

Child Minder Fees and Charges and the Clay Credit System

Child Minders may choose to charge a fee for their Child Related Services provided by them.  Where a fee is charged, payment will be collected via Clay’s online payment system.

Clay also operates a credit system, whereby Child Minders provide Child Related Services in exchange for credits, which they can use as Parents to acquire Child Minding Services from others.  

Further information about the fee collection system and the Clay credit system can be found by emailing hello@clay.club.

 

Cancellations and Changes to bookings

We recognise that circumstances sometimes change and there may be times when Child Minders or Parents need to vary or cancel a booking that has been agreed.  By using the App, Parents and Child Minders agree to comply with and follow our cancellation and variation policy located at www.clay.club.

 

Trial Periods and Discounts

We may run temporary promotions.  Such promotions may be subject to additional terms and conditions.  

All times and dates specified in promotions are deemed to be the local time in England, unless otherwise stated.

 

Payment Gateway

We accept payment via third party payment providers such as Stripe or PayPal.  In entering into this Agreement and using the Services, You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation of the payment gateway provider used.

 

Account Creation and Security

• You must create an account in order to receive the Services and access the benefits of the App.

• You may not create an account if You lack capacity to enter into a binding agreement with Us.  If You are under 18 years of age, You must obtain the consent of Your parent or legal guardian.

• In order to create an account, You must provide Us with Your full name, Your residential address, Your email address, mobile phone number and other information requested during the account registration process.  If You are a Child Minder, this may include providing details of a current and up-to-date working with children check.  

• You warrant that all information You provide during the account registration process is accurate and that You will keep Your information up to date.

• When You create an account You must select a login name and a password for the App.  The password You select must not be easily guessable and should be reasonably secure.

Your log on credentials must be kept confidential to You.  You must not share Your log on credentials with any other person.

You must immediately notify Us of any unauthorised use of Your log on credentials or any other breach of security.

You agree that You will be responsible for Your use and any activity that occurs as a result of the use of Your log on credentials.

 

Acceptable Use

• You agree that, subject to any applicable laws:

• You may only use the App and the Service for lawful purposes, in accordance with this Agreement and any condition posted on the App;

You must not provide false information when registering or changing Your registration details;

You must not attempt to undermine the security, functionality or integrity of our systems and networks or, where the Services are hosted by a third party, that third party's computing systems and networks;

You must not attempt to gain access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

You must not transmit, or input into the App, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);

You must not use the App or any communication tool available on the App for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other Users of the Services or the App;

when You make any communication on the App, You represent that You are permitted to make such communication, and You recognise that We are under no obligation to ensure that the communications on the App are legitimate, or that they are related only to the use of the Services, however, We reserve the right to remove any communication at any time in our sole discretion;

You must not attempt to modify, copy, adapt, reproduce, disassemble, de-compile or reverse engineer any computer programs used to deliver the Services or to operate the App except as is strictly necessary to use either of them for normal operation; and

You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You.  You agree that We and our directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of Your actions. Moreover, You agree to comply with the laws and regulations of Your jurisdiction.

 

Usage Restrictions

Use of the Service may be subject to limitations, including but not limited to use of the Service in order to offer Child Related Services depending upon whether You have a current and valid working with children check for the jurisdiction in which You propose offering those services.

 

Responsibilities of Parents

It is the responsibility of Parents to:

satisfy and/or assess the suitability and appropriateness of:

any Venue at which they obtain Child Related Services;

any Vehicle operated by the Child Minder; and

any Child Minder from whom they acquire Child Related Services, including the credentials, identity, background details, skills or expertise of that Child Minder including, if appropriate, whether the Child Minder holds a drivers’ license and a working with children check;

provide appropriate instructions regarding the supervision, safety, transport, health, medical, dietary requirements or other matters regarding a Child;

comply with all laws relating to the acquisition of Child Related Services;

before asking or allowing a Child Minder to operate a Vehicle owned by You, take out and maintain comprehensive motor vehicle insurance in respect of that Vehicle;

before asking or allowing a Child Minder to transport a Child in a Vehicle, where the Child is required by law to be secured in a child restraint, provide the Child Minder with an appropriate child restraint for that Child.

 

Responsibilities of Child Minders

Child Minders must:

satisfy themselves that they have the permission, consent or approval of any parent or legal guardian of a Child before agreeing to provide childminding services in respect of that Child;

ensure that they receive appropriate instructions regarding the supervision, safety, transport, health, medical, dietary requirements or other matters regarding a Child;

ensure that they comply with any working with children regulation or other laws which apply to that Child Minder;

only transport a Child in a Vehicle if the Child Minder has a driver’s licence;

ensure that any Vehicle operated by the Child Minder is road worthy and that there is in place a comprehensive motor vehicle insurance in respect of that Vehicle; and

where a Child is required by law to be secured in a child restraint, only transport the Child in a Vehicle where the Child Minder has been provided with an appropriate child restraint for that Child.

 

Communications

• You are exclusively responsible for ensuring that all communications You send using the App or send to Us are true, complete and accurate.  If You are or ought reasonably to be aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as practicable.

We are not responsible for the accuracy of anything another User posts or submits to our App, nor are We responsible for the online or off-line conduct of other Users.

You agree not to use any of the communication services offered by the App to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.

You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Us into disrepute.

 

Warranties You make

You represent and warrant that:

all information (including Personal Information) and data provided by You to us through the App is true, accurate, complete and up to date;

You have read, understood and agreed to these Terms and Conditions; and

You have complied with all laws.

 

Using the App

You agree that You will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the App or its services in anyway (or the servers and networks which are connected to the App) or use the App in a manner that adversely affects the availability of its resources to others.

Claytheapp cannot guarantee that any file or program available for download and/or execution from or via the App is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.  You assume all risk of use of all programs and files on this site, and You release Claytheapp entirely of all responsibility of any consequences of its use.

The App and its contents are provided to You on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.

Claytheapp reserves the right to change the App at any time.

 

Intellectual Property Rights

This App and all content forming part of the App, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.

You acknowledge and agree that Claytheapp owns, controls or is licensed all legal right, title and interest in and related to the App, including all intellectual property rights.

You may not:

• modify or copy the layout or appearance of the App or any software or code contained in the App; and/or

• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the App.

If You post material to the App or correspond or otherwise communicate with Us, You automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.  This may include, but is not limited to, publishing testimonials on our App and developing Your ideas and suggestions for improved products or services We provide.

 

The App Store and Google Play Store

By downloading and/or using the App, You agree that You have entered into an agreement with Us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.

By downloading the App from the App Store or from Google Play, Claytheapp grants You a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that You own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.

The parties, namely You and Us, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to Your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.

The parties acknowledge that Claytheapp, and not Apple or Google, are responsible for addressing any of Your claims relating to the App or Your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.

The parties acknowledge that Claytheapp, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Claytheapp, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third party beneficiary of these Terms and Conditions.

Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.

For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.

 

Third party Websites

This App may contain links to other web sites controlled by third parties (Third Party Websites).

Claytheapp is not responsible for the content or privacy practices of Third Party Websites.

Links to Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Claytheapp of the third party or the products or services provided by the third party or any affiliation between Claytheapp and the third party.

You access Third Party Websites and/or use those Third Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.

 

Use of Cookies

Cookies are small pieces of information that Your browser stores on Your computer hard drive.

We use Cookies to provide You site usage information as well as to assist us to improve and develop the Goods and services We offer.  Our cookies do not contain any personal identifiable information.

If You disable cookies on Your web browser, You may not be able to fully experience all features of the App.

Availability, withdrawal and suspension of service

Whilst We endeavour to provide continuous access to the App, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.

Claytheapp may at its discretion withdraw completely, or suspend for a period of time, the App, or Your access to it for any reason including without limitation:

if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;

if You breach any part of these Terms and Conditions; or

if You use or assist others to use the App for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

 

Exclusion and limitation of liability

We:

do not warrant that the App will be available at all times or that it will be provided without fault or disruption.

do not endorse or recommend any User;

do not warrant that We have reviewed, undertaken, verified or approved regulatory checks, the credentials, identity, background details, skills, expertise or experience of any User or that any User is in any respect compliant with regulatory requirements;

do not warrant that We believe the User is in all circumstances an appropriate person with whom You should be dealing with;

do not warrant that any User is suitable to be a User of the App; and

do not provide any training to Users in respect of the services they may provide.

Claytheapp and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or services included on the App, except as otherwise provided under applicable laws.

Subject to any rights You have under any consumer protection law, Claytheapp excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.

Where any law (including the Consumer Laws of England and Wales) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

To the maximum extent permitted by applicable law, neither Claytheapp, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:

• the App;

• Your use of the App and any sites linked to the App;

• any information obtained through the App;

• services supplied to You following Your use of the App;

• reliance on or failure to act, on any information or service contained on or accessed through the App;

• a withdrawal or suspension of availability of a service;

• errors, mistakes, inaccuracies or omissions on the App;

• personal injury or property damage of any nature resulting from Your access to or use of the App and including any personal injury or property damage cause to or by a Child in the care of a Child Minder;

• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our App by any third party;

• the quality of any product or service of any linked sites; or

• an inability to use the App or with any delay in using the App including, but not limited to, any interruptions to or cessation of access to the App,

in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You directly or indirectly cause or contribute to any of the loss or damage.

Without limiting the foregoing, to the extent permitted by law, the liability of Claytheapp for any claim will at all times be limited to supplying You the Services offered by Claytheapp again.

You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You.  You agree that We, Our affiliates and related entities have no responsibility for the legality of Your actions.

 

Indemnity

You will at all times indemnify, and keep indemnified, Claytheapp and Claytheapp’s directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.

 

Termination

You may stop using the App at any time for any reason.

Claytheapp may suspend or limit Your access to the App in our absolute discretion without notice or liability to You for any reason.

Claytheapp reserves the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the App at any time.

The exclusions and limitations of liability made by Us in these Terms and Condition will survive termination or suspension of Your access to the App.

 

General

Claytheapp may in its sole discretion amend these Terms and Conditions at any time.  Any variations to these Terms and Conditions will take effect from posting on the App.  

Claytheapp may give notice to You by electronic mail. You may give notice to Claytheapp by electronic mail to notices@clay.club.

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

A failure or delay by Claytheapp to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Claytheapp does not preclude its future exercise or the exercise of any power or right by or on behalf of Claytheapp.

Your use of this App is governed by, construed and enforced in accordance with the laws of England and Wales.  Disputes arising from Your use of this App are exclusively subject to the jurisdiction of the courts of England and Wales.

The App may be accessed throughout England and Wales and overseas.  Claytheapp makes no representations that the content of the App complies with the laws (including intellectual property laws) of any country outside England and Wales.  If You access this App from outside England and Wales, You do so at Your own risk and are responsible for complying with the laws in the place where You access this App.