Platform Terms and Conditions of Baby Classes Ireland (“BCI”)

Updated: March 2021

These Terms apply to Carers and Class Providers (as defined below). We have separated the relevant provisions for ease, as follows:

Part A applies to All Users;
Part B applies only to Carers;
Part C applies only to Class Providers; and
Part D applies only to Third-party Advertisers.

PART A: ALL USERS OF THE PLATFORM

These terms and conditions of use together with our privacy policy (* ) (collectively, these “Terms”) are a contract entered into by and between you and Baby Classes Ireland (company registration number 659178 with registered office address at Mill Road, Thurles, County Tipperary (“BCI”, “we”, or “us” or “our”). The Terms describe your rights and responsibilities with regard to the use of the BCI website, and all content and services contained therein (collectively, the “Service”).
These Terms apply to all visitors, users, and others who access any of the Service (“Users”, “Class Providers”, “Carers” or “you”). By using, accessing, or registering with the Service, you agree to be bound and abide by these Terms and all applicable laws and regulations.

OVERVIEW OF SERVICE AND UPDATES
Overview.
The platform is an online marketplace where Class Providers can list their Classes, and Carers can book certain Classes (the “Platform”).
We operate the Site as an intermediary Platform to enable Carers to purchase a place in a class from Class Providers and we implement the tools and technical means to enable this relationship, but any transaction is made directly between the Carer and the Class Provider. BCI is not part of the contract of sale between Carers and Class Providers, nor any other contract concluded between Carers and Class Providers. We accept no liability for any issues which may arise during the conclusion, or after completion of these contracts. We do not employ any Class Provider, and we do not provide the Classes ourselves.
1. Provision of Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service; or create usage limits for the Service. If, for any reason, we believe that you have not complied with these Terms, we may, at our sole discretion and without liability, permanently terminate or temporarily suspend your access to the Service immediately and without prior notice. If you believe your account has been terminated or suspended in error, please send us an email at hello@babyclasses.ie.
2. Updating the Terms. We may, in our sole discretion, modify or update these Terms from time to time. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, then your only remedy is to discontinue your use of the Service.
USE OF THE SERVICE
1. Consent. Please review the Terms of Use and our Privacy Policy carefully. By accessing and using the Platform, you confirm that you have read, understand and accept the Terms of Use and the Privacy Policy and that you agree to abide by their respective terms each time you access and use the Platform.
2. Code of Conduct. In your use of the Service, you agree to act in a lawful and respectful manner toward us and toward all other Users. We reserve the right to remove or refuse to post any content that we, in our sole discretion, determine to be disrespectful, inappropriate or illegal.
3. Children under the age of 16. Persons under the age of 16 must not submit any personal information to us. Similarly, Carers and Class Providers must use their best endeavours to ensure that no personal information in respect of a person who is under the age of 16 years is submitted to us. We will not knowingly accept any data from a Carer or a Class Provider in respect of a person who is under the age of 16 years.
4. Platform Use and Availability
  1. When you use the Platform you must comply with all applicable laws and you agree not to:
    1. try to gain access to networks, servers or computer systems connected to the Platform;
    2. harvest or otherwise collect non-public information about another user obtained through the Platform (including email addresses), without the consent of the holder of the appropriate rights to such information;
    3. add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
    4. transmit spam, chain letters or other unsolicited emails;
    5. reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Platform save to the extent expressly permitted by law not capable of lawful exclusion;
    6. cause any damage to the Platform or impairment of the availability or accessibility of the Platform;
    7. store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    8. conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the Platform; and/or
    9. view or access the Platform with the intention of replicating similar content or functionality within a competing platform, site or mobile application.
  2. The Platform and all content on the Platform is owned by or licensed to us. All rights are reserved. You may not copy or distribute any part of the Platform without our prior written consent or the prior written consent of our licensor.
  3. We try to maintain and make the Platform available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
  4. We are not liable if you are unable to access the Platform for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.
REGISTRATION OF ACCOUNTS, USERNAMES AND PASSWORDS, DEACTIVATING ACCOUNTS
1. Registration is not required if you simply want to browse through the platform. Registration is required if you want access to our services, including but not limited to, booking and advertising classes.
2. As part of the registration process, you will be asked to enter your email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure. All information supplied must be complete and accurate.
3. We reserve the right to deactivate accounts containing names and/or email addresses that do not comply with these Terms of Use at our discretion.
REPRESENTATIONS
1. Suitability of Users. We cannot guarantee—and we make no representations regarding—the suitability, reliability, or quality of the Classes listed on the Service. Users are solely responsible for conducting background checks on other Users with whom they transact via the Service.
2. Teacher Representations. Teachers listing on BCI represent and warrant that the Classes, together with any other content or materials provided, comply with all applicable laws, regulations, policies and agreements, and do not violate any third-party rights.
LICENSE TO USE SERVICE
1. BCI’s Intellectual Property. You acknowledge that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service (“BCI Content”), and all intellectual property rights in the foregoing, are the exclusive property of BCI and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to use BCI Content. Use of BCI Content for any purpose not expressly permitted by these Terms is prohibited.
2. Our License to You. Subject to the terms and conditions of these Terms, we grant you a limited, non-transferable, and revocable license to use the Service, including accessing and viewing BCI Content, as expressly permitted by the features of the Service. BCI may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, BCI reserves all other rights and no other rights are granted by implication or otherwise.
COPYRIGHT INFRINGEMENT NOTICES
BCI is committed to respecting others’ intellectual property rights, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the Service, please send a written notice of claimed copyright infringement to hello@babyclasses.ie.
RESOLUTION OF DISPUTES
1. Between You and Another User. BCI has no obligation to resolve disputes between you and another User. If such a dispute arises, BCI may, in its sole discretion and without incurring liability, facilitate communication between you and the other party, or otherwise take any actions we deem appropriate to resolve the dispute.
2. Between You and BCI. Our goal is to resolve any dispute between you and us quickly and cost-effectively. Accordingly, if you are dissatisfied with the Service or have any claim against BCI at law or equity, you agree to first contact us directly at hello@babyclasses.ie to seek dispute assistance.
THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BCI. BCI does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Platform, you do so at your own risk, and you understand that neither these Terms nor BCI’s Privacy Policy apply to your use of such sites.
WARRANTY DISCLAIMER
The Service is provided by BCI on an “as is,” “as available” basis, and without any warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising out of statute, in law, or from a course of dealing or usage or trade. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any User (whether in their capacity as Class Provider, Carer or otherwise), or the accuracy of any content.
LIMITATION OF LIABILITY AND RELEASE
1. Limitation of Liability. To the maximum extent permitted by applicable law, neither we, our licensors, nor our third-party service providers shall be liable to you or any User for any special, indirect, consequential, incidental or punitive damages arising out of or related to these Terms or the Service, including but not limited to: loss of profits, loss of business opportunities, loss of reputation, or loss of goodwill.
  This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
2. Release We will have no liability to you for damages (whether direct or indirect) arising out of, or relating to, any transaction entered into using the Service. If you have a dispute, controversy or claim with or against another User or a third party, you agree to, and do hereby, release BCI (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BCI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.
ENTIRE AGREEMENT/SEVERABILITY
These Terms, together with any amendments and any other written agreements you may enter into with BCI in connection with the Service, shall constitute the entire agreement between you and BCI concerning the Service. If any provision or portion of a provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portion of such provision or any other provisions of these Terms, which shall remain in full force and effect.
NO WAIVER
No waiver of any Term herein shall be deemed a further or continuing waiver of such Term or any other Term, and a failure of BCI to assert any right or provision herein shall not constitute a waiver of such right or provision.
THIRD-PARTY APIS
1. Google: Our platform connects to Google APIs to pull and centralise our clients’ data. Click Here to access Google’s Terms of Service.
2. Instagram: Our platform connects to Instagram APIs to pull and centralise our clients’ data. Click Here to access Instagram’s Terms of Service.
3. Facebook: Our platform connects to Facebook APIs to pull and centralise our clients’ data. Click Here to access Facebook’s Terms of Service.
4. Twitter: Our platform connects to Twitter APIs to pull and centralise our clients’ data. Click Here to access Twitter’s Terms of Service.
5. Stripe: Our platform connects to Stripe APIs to process payments. Click Here to access Stripe’s Terms of Service.
6. YouTube: Our platform connects to YouTube APIs to pull and centralise our clients’ data. Click Here to access YouTube’s Terms of Service.
PRIVACY POLICY
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms and our Privacy Policy. Click Here to access our Privacy Policy. The Platform also uses cookies and by using the platform you agree to the placement of cookies. To learn more about the cookies we use and how to manage them please review our Cookie Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other websites.

PART B: CARER TERMS

REGISTRATION OF ACCOUNTS, USERNAMES AND PASSWORDS, DEACTIVATING ACCOUNTS
Registration is not required if you simply want to browse through the Platform. Registration is required if you want access to our services, including but not limited to, booking classes.
If you wish to register on or use the Platform as a Carer, you must be at least 16 years old and legally capable of entering into a contract. We may not accept your registration on the Platform at our sole discretion.
As part of the registration process, you will be asked to enter your email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure. Please take precautions to protect your password and contact us immediately by email to hello@babyclasses.ie if you believe there has been any unauthorised use of your account. BCI will not be liable for any losses caused by unauthorised use.
You are responsible for any activity under your account. You may not transfer your account to anyone else. Please keep your account information up-to-date either by notifying us of any changes, or making any changes yourself within your account. All information supplied must be complete and accurate.
We reserve the right to deactivate accounts containing names and/or email addresses that do not comply with these Terms of Use at our discretion.
MEMBERSHIP SUBSCRIPTIONS
Free Accounts
Parents are eligible to sign up for free access to the Service. No payment is required unless and until a class booking is made.
BOOKING AND MAKING PAYMENT
All Classes must be paid for in full when the booking is made. The price for each Class is set out on the Platform.
Once payment has been received in full, you and the Class Provider have entered into a legally binding contract in respect of the Class booked. If the Class Provider’s Terms are accessible on the Platform or otherwise provided to you, then the contract is on the Class Provider’s Terms.
We will send you a booking notification email once you have successfully booked a Class. This email will contain your booking reference number. You will also receive a separate confirmation email from the relevant Class Provider. If you have not received a booking reference number, you may be refused entry to the class. Please contact your Class Provider if you have not received an email.
You understand that by booking or attending a Class, you are providing your personal data, and the personal data of your child, to the Class Provider who shall process all such personal data as a controller under the applicable data protection laws.
DISCLAIMER – Your attention is particularly drawn to this Condition
You acknowledge and agree that the Platform is provided for information purposes only. We make no warranties or representations about the completeness, accuracy or reliability of the information uploaded to the Platform by our users.
It is your responsibility to ensure that the Class and the Class Provider is suitable for your needs, including that the target age range for the Class is appropriate for your child. You should carry out all normal and prudent checks in respect of a Class and/or a Class Provider, such as confirmation of the time and location of Classes, age suitability, costs and description. We strongly advise you to contact Class Providers directly before attending a Class.
Although we carry out a number of checks on our Class Providers, these are inevitably limited and therefore, we do not warrant or represent that we:
1. confirm the suitability of any particular Class, or that a Class Provider has the experience, training, qualifications or authorisation to provide the Class; and/or
2. give any indication to you as to whether the Class Provider is suitable to provide the Class.
We are not responsible for any act or omission of a Class Provider or for the Classes provided by a Class Provider or any failure to provide the Classes. Please contact the Class Provider if you have any complaints in respect of their Classes or otherwise.
Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by Irish law. Your consumer statutory rights are unaffected.
The Platform may include third party advertisements, which may be targeted towards you. We do not endorse or recommend any product or service offered for sale by any advertiser within the advertisements on the Platform and we are not responsible for the content of any third-party advertisement.
Termination or Suspension
We may suspend or terminate your account at any time and without liability for any reason.
Following termination by us of your account you must cease to use the Platform and you must not re-register on the Platform under any other name. If you do wish to re-register, you should contact us at hello@babyclasses.ie and we will discuss this with you.
You may contact us at any time at hello@babyclasses.ie to terminate your account.

PART C: CLASS PROVIDER TERMS

REGISTRATION OF ACCOUNTS, USERNAMES AND PASSWORDS, DEACTIVATING ACCOUNTS
Registration is not required to browse through the Platform. Registration is required if you want access to our Services, including but not limited to, setting up your profile and advertising classes.
As part of the registration process, you will be asked to enter your email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure. All information supplied must be complete and accurate.
Your agreement to these Terms shall commence on the date when you tick your acceptance of the Terms during the registration process for the platform.
1. Accounts and passwords
  We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.
  You are the sole authorised user of any account you create on the Service. As such, you are responsible for all actions taken under your account and you agree only to use or utilise the Platform using your own name and/or business name, email address and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to utilise your email address or password. We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
  You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
  You may change your password or profile by following instructions on the Platform.
  We reserve the right to terminate your registration without prior notice at our discretion. We do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between Users. If you feel that your information has been compromised in any way, please report it immediately to us at hello@babyclasses.ie.
  Further information about how we use your information, and your rights to update your communication preferences, can be found within our Privacy Policy.
2. Deactivating accounts
  In accordance with data protection laws, non-registered and registered users of our Platform can request we delete any personally identifiable information. In some instances we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).
  You can learn more about your right to data deletion and how long we retain data for by reading our Privacy Policy.
3. Content
  When creating your account, you must provide accurate and complete information. BCI has no responsibility for the content, materials, or information that you or other Users post, create or make available through the Service (collectively, “Content”). Any Content you create must be your own. By creating Content, you grant us a license to use your Content in our business activities.
  Following registration, we shall be entitled to reproduce all of the content you have provided to us, including business’ name and associated logos and descriptions and images, in our marketing materials, including the Platform, emails, our social media accounts and within our newsletters. If we wish to use any such content to promote our Platform and business in third party marketing materials, we shall obtain your prior written permission.
  We may ask for further information from you such as a Garda vetting check, details about your insurances, website, social media accounts and licences, and you agree to provide that information to us.
4. Notices
  By providing an email address, you consent to BCI using the email address to send you notices related to the Service and/or special offers. You may choose to opt out of messages (to the extent the messages are not required by law). Opting out may prevent you from receiving important notices regarding updates, improvements, or offers.
5. Communications
  To prevent direct or indirect attempts to circumvent the Service and associated Commissions, BCI has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal and identifying information in communications sent via the Service.
MEMBERSHIP SUBSCRIPTIONS
1. Subscription Accounts.
  The Membership fee is payable monthly or annually in advance.
  Monthly
  Membership will automatically renew each month, unless you change this setting in your account or cancel. You can check your renewal date within your account on the Platform.
  Annually
  Membership will automatically renew each year, unless you change this setting in your account or cancel. You can check your renewal date within your account on the Platform.
  We may amend the Membership fee on 30 days’ notice to you before your Membership renews. and will receive a reminder 7 days before it’s due.
  If you want to cancel your Membership please contact us at hello@babyclasses.ie. No refund is due or payable unless you contact us within the first 30 days of your Membership and you have not used any of the benefits of the Membership as the case may be.
Creating a Class Providers account
Upon Registration you will firstly be required to input your basic information into the required fields.
1. A monthly or annual Membership payment option is then selected and financial details to cover this membership fee are supplied.
2. You will also be requested to create a Stripe account (please see Section 28 below);
3. Create your Platform profile and upload any supporting documentation, descriptions, details, photographs, videos and images of the classes you intend to promote to your Platform profile.
4. Submit any further information requested by the Company.
It is your full responsibility to ensure your profile is fully complete before publishing as BCI has no responsibility for damages or losses incurred due to incomplete and partially complete profiles.
BCI retains complete discretion to unpublish or take down an account. You shall have no recourse against us and no right to request compensation from us for any unsuccessful profile publications.
Class Information
Once registered as a Class Provider you can upload details about your Classes to the Platform. We reserve the right to reject a Class at our discretion or delete it at any time. After the date the Class is scheduled for passes, the Class will no longer be visible to other Users. It will however remain on the Platform indefinitely until you terminate your account or remove the Class.
It is a material provision of these Terms that you keep all Class content current and up-to-date so that Carers can rely on the information. If you fail to do so, we may terminate your account without liability to you and without affecting any other rights or remedies available to us.
You may offer a free in person Class provided multi-session Class bookings are also available to purchase. Online Classes may not be offered for free whatsoever without our prior written approval due to safeguarding reasons. The price on our Platform for your class must be no more expensive than the price offered by you to anyone who wishes to book the same class away from the Platform.
You must not post any content on the Platform, including within your Class description that:
1. is dishonest, false or incomplete;
2. is obscene, offensive, hateful, inflammatory, unlawful, or promotes illegal activities, violence or hatred;
3. is discriminatory of any group of people;
4. includes any IP Rights that do not belong to you unless you have the written permission of the owner of such IP Rights to reproduce it on the Platform;
5. includes any link to any third party booking or other competing platform for your Classes. You can link to your own business website;
6. includes any third party advertising whatsoever;
7. includes any personal insults or attacks; and/or
8. encourages or otherwise deliberately or recklessly involves any breach of applicable laws, regulations, codes of practice and/or guidelines.
We may at our sole discretion:
1. require you to amend any content you have posted on the Platform; and/or
2. edit or remove any content you have posted on the Platform at any time and without notice to you if we reasonably believe that such content breaches any part of the Terms.
Notwithstanding our rights under the Terms, we do not undertake to monitor the submission of your Class content to, or the publication of such content on, this Platform.
BOOKINGS
You will receive an email from the Platform to notify you that a Carer has booked a class (the “Booking Notification”), this email will include the booking reference number for your records, and the Carers contact details.
Your acceptance of a booking will take place when you contact the Carer to accept it, at which point a contract will come into existence between you and the Carer on or pursuant to your terms of sale, subject to these Terms. BCI are not a party to any contract formed between a Carer and a Class Provider.
We will assign a booking reference number to the Carers booking and tell you what it is when we alert you of their booking. In all correspondence with BCI regarding bookings please quote the order number.
To accept a booking, you must, within one business day from receipt of the Booking Receipt:
1. Email the Carer on the email address provided in the Booking Notification. By accepting the booking, you confirm that you accept the terms on which the Carer has made the booking (including any bespoke requests detailed by the Carer in the Booking Notification) and you will include a link to your terms or website where the terms are available. You will also confirm the time, date and venue of the class and share the online link and any necessary login passwords if the class is online.
2. Email BCI to confirm the booking has been accepted and confirmed.
LINKS TO THE PLATFORM
Class Providers may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written permission or in order to directly compete with the platform and redirect traffic from it. Teachers must not establish a link from any website that is not owned by them.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the platform other than in the manner permitted by these Terms including as set out above please contact us.
PAYMENTS
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively the Stripe Services Agreement) and you agree to be bound by the Stripe Services Agreement as the same may be amended from time to time.
Subject to any changes in this term, you are responsible for paying;
1. BCI a commission; and
2. any Membership fees for use of the Services; and
3. fees and charges from our payment service provider, Stripe.
Any additional relevant Charges will be notified to you and updated by us from time to time in accordance with these Terms.
All Class Providers are required to set up their own Stripe Express Account and provide details of the account to BCI during registration. Class Providers with an existing Stripe account are required to connect it to our Platform. Stripe Express Accounts are subject to Stripe terms and conditions and anti-money laundering requirements.
When a Carer books and pays for a Class through our Platform, BCI creates a charge on the platform’s account and the payment is then processed through Stripe. BCI’s commission, any related charges and any Stripe fees (together known as ‘Application fees’) are deducted at this point.
The remaining balance of the funds are transferred to the connected Class Provider account within 24 hours of receipt. Class Providers can easily view payments, manage refunds and transfer money into your traditional bank account from your Stripe dashboard.
If for any reason a full or partial refund is due to the Carer, the Class Provider is required to issue the refund through their Stripe dashboard as soon as possible. Once payment has been made by the Carer all issues concerning refunds and disputes are the responsibility of the Class Provider to process and rectify. Unless specified otherwise, Application fees will not be refunded when issuing a refund.
Unless specified otherwise, all Charges are subject to VAT or other similar taxes or levies, all of which amounts you will pay, where appropriate, at the rate prevailing at the relevant tax point, and in addition to the Charges themselves.
You will make all payments to us due under the Agreement without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.
If you have opted into our ‘Feature Teacher’ promoted listings service, we shall invoice you once a month and take payment through the payment details you have provided to us. If we are unable to obtain payment within 30 days of the date of the invoice, we may terminate your membership and/or your account on the Platform.
BCI Commission
We take a commission for all Classes booked through the Platform. Stripe shall deduct our commission from the fee paid by a Carer for a Class and pay the remainder to your Stripe Account. All Stripe fees are payable by you. Our commission is currently 3% and we may amend the calculation of our commission fee on 30 days’ notice to you.
The Carer and Class Provider relationship
Your Class Provider’s Terms shall apply to all of your Classes, and accordingly you warrant and represent to us that you will provide the Class in accordance with your Class Provider’s Terms.
Notwithstanding any provision of your Class Provider’s Terms (and/or if you do not have any Class Provider’s Terms), you agree to:
1. provide the Classes with reasonable skill and care and in accordance with the description made available on the Platform;
2. provide the Classes in accordance with all applicable laws and regulations, including all health and safety, equality and child safety laws;
3. ensure that all individuals providing the Class have been Garda vetted if required and comply with all laws, regulations and guidelines relating to the provision of online and in person classes to young children, including guidelines issued by any applicable regulatory body; and
4. ensure that your Class Provider’s Terms comply with all applicable laws and regulations, including consumer law.
You shall treat all personal data and other information relating to a Carer and their child as confidential and shall comply with all applicable data processing laws and regulations. In particular, you shall:
1. keep all such information secure, and not share the data with any third party, or use such data for any purpose except to provide the Class or otherwise in accordance with applicable laws;
2. take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorised access, loss and disclosure;
3. ensure that individuals processing such personal data are subject to a duty of confidence in relation to such personal data; and
4. assist us in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist us in meeting our legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments.
Disclaimer – Your attention is particularly drawn to this Condition
You acknowledge and agree that the Platform is provided for information purposes only. We make no warranties or representations about the completeness, accuracy or reliability of the information uploaded to the Platform by our Users.
We do not warrant or represent that we propose any particular Carer to you or provide any additional information or promises about a Carer and/or their child, including their behaviour and suitability for a Class.
We are not responsible for any act or omission of a Carer including the obligation to pay any sums due and/or the acts or omissions of their child, including any damage caused to property.
Subject to Section 10, we shall in no circumstances be liable to a Class Provider in contract, tort (including negligence) or otherwise for any:
1. loss of profit, anticipated profits or business;
2. loss of data and content;
3. loss of opportunity;
4. loss of revenue or wasted expenditure;
5. loss of goodwill or reputation; and/or
6. consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
Subject to Section 10, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the lesser of the commission we receive in respect of the Classes booked with you on the Platform in the 3 months’ preceding the date of the claim.
In any event, our liability shall be limited to foreseeable damages arising as a direct result of our breach of the Terms and/or our negligence. Foreseeable means that the losses could have been reasonably contemplated by you and us at the time of entering into the Terms.
Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by law.
Cancellations
If a Carer cancels a class or otherwise does not fulfil his or her obligations under a booking, the cancellation policies of the relevant class will apply. Please refer to the Class Provider’s website for these policies.

PART D: THIRD PARTY ADVERTISERS

PUBLISHED ADVERTISEMENTS
Third-party advertisers may advertise on our Platform. Once you have completed the process of submitting your advertisement we will send you an email confirming receipt of your order for the Service, this email does not constitute an acceptance of your order. Your order for posting an advertisement on the Platform will not be accepted and an agreement concluded between us and you in relation to the publication of the advertisement on the Platform until the payment for the Service has been received by us.
Content which comprises advertising material will appear on the Platform. Individual advertisers are solely responsible for the content of the material which they submit to us. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
Please note that the content of the published advertisements do not represent any views or opinions of BCI, nor should they purport to do so.
ADVERTISING TERMS AND CONDITIONS
When creating an advertisement on the Platform you must provide accurate, current and complete information and to update the information that you provide to us when it changes.
We do not control the content of advertisements posted by users on the Platform, and we do not guarantee the accuracy, integrity or quality of the content.
BCI is a family Platform so we reserve the right to review and reject any advertisements that we feel are inappropriate.
Advertisements which are posted and are found to be in breach of our policies may be removed without prior notification and no refund will be given.
ADVERTISING STANDARDS
All advertisements must adhere to the Code of Standards for Advertising and Marketing Communications of The Advertising Standards Authority for Ireland (https://www.asai.ie/asaicode/).
CONTACTING US
If you wish to report a violation of the Terms, have any questions, or need assistance, please contact us at hello@babyclasses.ie.