Section A: general terms and conditions
1. Definitions
In these terms and conditions (“Terms”) the following definitions shall apply:
1.1 Institute of Early Years Education (“The Institute”) powered by National Day Nurseries Association (NDNA).
1.2 Corporate body; means a limited liability company, unlimited liability company, or limited liability partnership or other corporate entity.
1.3 Member; a member of the Institute of Early Years Education.
1.4 Membership; the membership of The Institute.
1.5 Services; those services that are made available to Members by The Institute from time to time as part of the member benefits package.
1.6 Parties:
1.6.1 You, the Member
1.6.2 Us, we, our; is a reference to The Institute and NDNA.
1.6.3 You, your; that person, or other entity that becomes a Member.
1.6.4 Products; those products that are made available to Members and non-members by The Institute, whether provided free of charge or at a cost.
1.6.5 You, your; that person, or other entity that consumes the products and services.
1.6.6 Transactions; any purchase of a product or service from The Institute. Transactions may be from our website(s), in person or over the telephone.
1.6.7 Charges; means the agreed amounts to be paid by the Customer to The Institute.
2. Information about us
The Institute of Early Years Education is a membership platform for individuals working in the early years sector. It is powered by National Day Nurseries Association (NDNA), a not-for-profit membership association providing services and products to day nurseries and early years or childcare providers. NDNA is a registered charity in England and Wales (1078275) and Scotland (SC040610).
Our contact details
Name: National Day Nurseries Association (NDNA)
Address: Longbow Close, Huddersfield, HD2 1GQ Phone Number: 01484 407070
E-mail: [email protected]
3. Information about you and confidentiality
If we process any personal information about you, we will do so in accordance with our Privacy Notice.
3.1 “Confidential Information” means all information, including, but not limited to, technical, commercial or personal information, obtained or received by The Institute as a result of entering into or performing its obligations under a Contract.
3.2 NDNA agrees not to disclose any Confidential Information to any person other than the Customer without their prior written consent. To the extent that it is necessary for The Institute to disclose Confidential Information to any agreed subcontractors, The Institute will ensure that such subcontractors are subject to obligations in respect of Confidential Information which are no less onerous than the obligations on The Institute contained in this clause.
3.3 This shall not apply to information which:
3.3.1 is or becomes public knowledge (otherwise than by breach of the Contract or a breach of an obligation of confidentiality);
3.3.2 is in the possession of The Institute, without restriction as to its disclosure, before receiving it from the disclosing party;
3.3.3 is required by law to be disclosed.
3.4 These confidentiality obligations shall continue to apply after the expiry or termination of the Contract.
3.5 Except with the prior written consent of the disclosing party, The Institute will not make use of the Contract or any Confidential Information otherwise than for the purposes of carrying out the contracted service. However, The Institute may approach the Commissioning Customer with a view to agreeing a form of words which may be used by The Institute in publicity or other material.
4. Accessing our website
4.1 We make every effort to ensure that our websites are protected from viruses, malware and other malicious software. However, we advise that you take appropriate precautions to protect your devices. The Institute cannot be held responsible for any consequential damage from malicious software or any other use of our website products or services.
4.2 While undertaking transactions through the platform, your personal financial data is protected by Secure Socket Layer (SSL) to ensure secure transmission of the information. It is your responsibility to ensure that your browser shows the padlock symbol and is connected to www.instituteofearlyyearseducation.org.uk. We use Stripe and GoCardless to collect/process transaction information. Please read their security policies for further information.
4.3 We may suspend, amend, or withdraw any service or content provided through our site without notice. We will not be liable if, for any reason, our site is unavailable at any time for any period.
4.4 It is the responsibility of the Member to ensure that they access The Institute in a secure way. If using a shared device to access The Institute, the Member must ensure that they log out before leaving the device unattended and that any information they have downloaded from The Institute to the device is removed.
4.5 It is the responsibility of the Member to ensure that their login credentials are kept safe and not shared with anyone or written down where they can be accessed by others. If accessing The Institute from a shared device, the Member must ensure that the device does not remember their login credentials. If a Member believes that their login credentials have been compromised, they must change their password immediately via their account administration area of The Institute. Knowingly sharing your login credentials with someone else is classed as misuse of The Institute and may result in your membership being cancelled.
5. Intellectual property rights and copyright
5.1 NDNA® and The Institute are registered trademarks.
5.2 The website including content, design, organisation, layout and software code are subject to copyright and intellectual property rights that are owned by NDNA – © National Day Nurseries Association. All rights reserved.
5.3 All products and services of The Institute without limitation are protected by international copyrights and trademarks, and are subject to intellectual property rights. Therefore, all intellectual property belongs to NDNA, its related companies, its affiliates or suppliers.
5.4 The use of The Institute’s or NDNA’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from us.
5.5 The re-use of illustrations, photographs, diagrams or videos featured on The Institute’s website(s) without attribution is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.
5.6 The Institute does not accept responsibility for intellectual property used during the training provided that does not show an affiliation to The Institute or NDNA. Any intellectual property used in a training course, including the course itself, is protected by limitations laid out in international copyright law, and is subject to intellectual property rights.
5.7 You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of The Institute’s website, products or course materials. The information on our website(s) is provided “as is” and without any warranties.
5.8 The Institute does not accept responsibility for any content of third-party websites that may be referenced by The Institute. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the website(s) or any of its content or the replication of the website(s) to any server.
5.9 Any redistribution or reproduction of part or all of the contents of The Institute’s products and services, in any form is prohibited other than you may print or download for your personal and non-commercial use only.
6. Links to and from our website(s)
6.1 Links from our website(s) to third-party websites are provided for your reference only. We have no control over the contents or availability of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.2 You may link to our homepage, provided you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists.
6.3 Our website(s) must not be framed on any other site.
7. Our liability
7.1 Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from the contract between us.
7.2 Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence, or for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by us.
7.3 Subject to clause 7.2:
7.3.1. We shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of opportunity; or loss of use; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
7.3.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to the cost of your annual Membership, i.e. the price.
8. Applicable law and rights
8.1 We shall not be liable for any failure or delay in performing our obligations to you as a Member or customer as a result of the occurrence of any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
8.2 A waiver of any right or remedy under these Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy shall constitute a waiver of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
8.3 Third party rights; A person who is not a party to the contract between us shall not have any rights to enforce its terms.
8.4 Variation; We reserve the right to amend these Terms at any time by providing you with no less that 28 days prior written notice.
8.5 Severance; If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
8.6 If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8.7 Governing Law; These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
8.8 Jurisdiction; The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
Section B: Institute of Early Years Education Membership
1. Membership
1.1 By becoming a Member, you agree to be bound by these Terms, and the contents of our Code of Practice (which sets out the commitments you make to us) (”Code”). The Code accompanying these Terms is available on our website here.
1.2 Admission as a Member is solely at our discretion; we, therefore, reserve the right to refuse to accept any application for Membership without providing any justification for our decision.
1.3 Members cannot act as official spokespeople on behalf of The Institute, unless a separate agreement has been established. However, if the media has contacted you in your capacity as an individual working in the early education and care sector, you are free to undertake such an interview and be quoted in the normal way, for example ‘Jane Smith, Early Years Practitioner.’ If you are asked by a journalist for a comment or interview from The Institute or NDNA, you must pass this to the NDNA Press Office at [email protected].
1.4 Members cannot represent The Institute on social media such as blogs, forums and social networking sites. Where discussions refer to The Institute or NDNA, the Member must make it clear that their views are their own and do not represent the views of The Institute or NDNA.
2. Price and payment
2.1 The price for becoming a Member and / or continuing to be a Member is determined by NDNA. Current prices are detailed on our website which can be found here and also available from us upon request.
2.2 Where a Member has more than one role, that Member shall be responsible for paying Membership at the appropriate level. If you choose to become a Member at a lower level than your role then you will only be able to access content made available for your chosen level of Membership.
2.3 We reserve the right to increase the price of Membership every year. This is usually at the beginning of April. The cost of your Membership will not change until you renew your contract with us, when the price will be that prevailing at the time that you renew.
2.4 The price is inclusive of VAT which is payable upon any part of the Services to which it is deemed to apply.
2.5 Payment of the price is to be made either on or before the date that your Membership commences.
2.6 When you become a Member, you do so for the full 12 months, as such, the price is not refundable.
3. Services
3.1 The Services are continually being updated and amended to ensure that they meet our high standards. We therefore reserve the right to amend, modify or delete any of the Services that we provide to Members.
3.2 Some of the Services that we provide are accessed on our website by means of a login and password. You should not disclose your login credentials to anyone. We reserve the right to terminate your Membership should you fail to comply with this provision.
3.3 Your login email address must be your personal email address and not one provided by your employer. This ensures that you can still access your account if you change employer. If accessing your account from a shared device, you must ensure you log off after use and do not leave any personal data on the device. On first registering with The Institute, you will be taken through a verification process that sends a link to your email address.
3.4 If your employer covers the cost of your Membership, our contract remains with you as the individual Member and not your employer. You remain responsible for paying your Membership to The Institute. The Institute is not responsible for any payment disputes between you and your employer.
3.5 International Members: The Services that we provide have been specifically created for use within the United Kingdom; as such, International Members should regard the Services as information only, and obtain correct and proper advice pertaining to rules and regulations relating to early education and care in the jurisdiction in which they work.
3.6 The Institute may run virtual Member events which are free of charge to its Members. If you register for an event, the details will be emailed to you and made available in your Member area of the website. You must not share the event access details with anyone else.
3.6.1 The event will be delivered using Zoom Webinar. To participate, you must have internet access and the appropriate IT device to enable you to access the Event online. The Institute does not accept any liability if you are unable to access the Event.
3.6.2 Where you are invited to submit questions prior to the Event, doing so does not guarantee that your question will be answered at the Event.
3.6.3 We have the right to cancel or postpone the Event due to unforeseen circumstances. Should this happen, we will contact you via the contact details you have provided to us.
3.6.4 The Institute reserves the right to alter or modify the advertised speakers and/or topics if necessary. Any substitutions or alterations will be updated on our website as soon as possible.
3.6.5 The Event will be recorded so should you be unable to attend for any reason, the recording will be made available to you within 48 hours of the live Event.
3.7 The Institute Forums (Forum)
3.7.1 The Forum is open to all Members of The Institute. The aim is to connect those working in the early years sector and enable peer to peer support and career insight by Members creating and contributing to posts on the Forum. It is a place for Members to support one another and network.
3.7.2 Each Member will choose a “username” to be known by on the Forum.
3.7.3 You must always be kind, respectful and adhere to the professional standards set out in the Code of Practice.
3.7.4 Some groups within the Forum may be restricted based on level of Membership.
3.7.5 Anything you post on the Forum will be visible to other Members. It must be your own opinion, relevant and in accordance with these terms.
3.7.6 You use the information on the Forum at your own risk. No information on this Forum is intended as a recommendation or advice from The Institute and must not be relied upon as such in any decision-making or activity.
3.7.7 You must not share personal data, whether your own or that of another person.
3.7.8 You must not reproduce material on the forum that is not written or created by you where it may infringe someone else’s copyright or other intellectual property rights.
3.7.9 If you share a link to a third-party website, please ensure the link is valid when posting.
3.7.10 You should be careful when clicking on a link posted by other forum users.
3.7.11 You can report a breach of these rules to the Forum moderator.
3.7.12 The Institute does not accept any liability for the content of any post on the Forum, other than to take reasonable steps to reduce risk and harm to people where posts have been reported to us as breaches of the rules.
3.7.13 The Institute reserves the right to switch off the Forum at any time. Any planned outages will be notified on the Forum itself.
3.8 Continuous Professional Development (CPD)
3.8.1 All members are strongly encouraged to do 15 hours of CPD each year. Where possible the CPD time will be automatically updated when a Member engages with a resource on The Institute website but it is the Member’s responsibility to check this and update manually if necessary.
3.8.2 Where other CPD is done outside The Institute, the Member will be required to update their CPD time manually.
3.8.3 In all cases where CPD is undertaken, the Member must complete a reflective practice to evidence that they have completed the CPD and what learning they have gained from the training / activity.
3.8.4 The Institute does not share your CPD or reflective log with anyone, however, you do have the ability to download a copy of your CPD if you wish to do so. 3.9 Health and Wellbeing
3.9.1 The Health and Wellbeing benefit is provided by Spectrum Life. When accessing these benefits you will be taken to the Spectrum Life platform and automatically logged in via single sign on using your Institute login details.
3.9.2 The Spectrum Life Terms of Service for use of these benefits should be read and can be found here.
3.9.3 We accept no liability for the Spectrum Life platform, their actions, or any advice or recommendations provided by them or any 3rd parties they use.
3.9.4 Spectrum Life are the data controller for any information you provide on their platform and you should read their privacy notice which can be found here.
3.9.5 Access to the Spectrum Life platform is for active members only and will be suspended if your membership lapses. We reserve the right to suspend access to the benefits and to your Membership if you share your login details with anyone else or misuse the platform in any way.
4. Safeguarding
We have an obligation to ourselves, our Members and the children we serve. Should we have any cause to believe that a Member is acting in a manner that presents a safeguarding issue, we are obligated to follow our regulatory procedure and report our concerns to the relevant inspectorate body. We then reserve the right to take all and any action that we regard as appropriate in the circumstances (including the suspension or termination of your Membership). In becoming a Member you accept that you are bound by NDNA’s safeguarding policy which is available from us upon request.
5. Termination
5.1 We may terminate your Membership without liability immediately, by giving written notice to you:
5.1.1 If you fail to pay your Membership fee.
5.1.2 If you are in breach of the Code of Practice for Members (where the complainant is The Institute).
5.1.3 If you break the rules for the use of the Forum.
5.1.4 If you share your login credentials with someone else.
5.2 Upon termination of your Membership your access to the Services will cease (which shall include the right to use our logo or other trademark that we authorise you to use), along with your ability to log-in to the Members area of our website.