NDNA Terms and Conditions (T&Cs)

NDNA Membership

1. Interpretation

1.1 In these terms and conditions (“Terms”) the following definitions shall apply: 

• Corporate body; means a limited liability company, unlimited liability company, or limited liability partnership or other corporate body 
• Member; a member of the National Day Nurseries Association’s (“NDNA”) National Membership Council 
• Membership; the membership of NDNA and the National Membership Council 
• Services; those services that are made available to Members by NDNA from time to time as part of the member benefits package 
• Site; any location at which: 
• i) you, or 
• ii) if you are a Corporate Body, any other Corporate Body that forms part of your group or is associated with you, or 
• iii) if you are a sole trader or member of a partnership, any Corporate Body that is owned by you or any of your partners runs an OFSTED (or equivalent) registered nursery. 
• us, we, our; is a reference to NDNA 
• you, your; that person, firm, corporate body, local authority, or other entity that becomes a Member 

2. Membership

2.1 You will become a Member when we have accepted your application; this occurs when we send to you either by e-mail or by other written notification that we have accepted you as a Member.

2.2 By becoming a Member you agree to be bound by these Terms, the contents of our Code of Conduct (which sets out the commitments you make to us) (“Code”) and our Articles of Association (“Articles”) which contain provisions relating to your Membership. Copies of the Code and the Articles accompany these Terms and are also available below. 

2.3 We reserve the right to amend the Articles to the extent that the terms of your Membership are not affected. 

[Clause for International terms: 2.3.1 you are only entitled to contract with us for an International Membership should you (be an individual applying to be a Member on an individual basis, or, be a sole trader or a member of a partnership) main trading address be located outside the United Kingdom, or, if you are a Corporate Body, that your registered office is situated outside the United Kingdom; you warrant to us that this is the case.] 

2.4 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. 

2.5 Privacy and Electronic Communications 

We use your personal information to provide, administer and improve our services and marketing to you, to process your membership, your orders, bookings and your payments and to communicate with you.

We also use your personal information to notify you of important updates relating to membership: telling you about our activities, how we are supporting your interests, seeking your views on current issues and providing you with information to help you run your nursery. 

Information collected by us will be used by NDNA only and not passed to third parties unless you have given consent, except where the product or service is delivered by a third party on our behalf, or we are obliged by law to do so. If those third parties are based outside the EU, we will ensure that their data processing activities are compliant with EU law. We will only keep data for as long as necessary. 

Read our full privacy notice

3. Price and payment

3.1 The price for becoming a Member and/or continuing to be a Member is determined by us. Current prices are detailed on our website which can be found here and also available from us upon request. 

(i) Members with more than one Site 

Where a Member has more than one Site, that Member shall be responsible for paying an additional price for each and every Site, such additional costs are found here or are available upon request. It is your responsibility to let us know what Sites apply to your Membership when this commences, and throughout the life of your Membership, should this change. You warrant to us that this information is, at all times, correct. You are only entitled to be a Member if all of your Sites are registered with us. Should you register an additional Site with us part way through the current year of your Membership, then the price payable by you for that Site will be on a pro rata basis to what remains of that year. If you refuse to bring on board additional sites, your current membership will run until its renewal date and then lapse. However, during this time, your sites will not be deemed ‘active members’ meaning neither you nor your nursery representatives can vote, apply for or hold any official positions within NDNA such as Network Officer or Trustee. 

(ii) Individuals 

You are only permitted to be an individual Member (Affiliate Membership), and pay the Affiliate Member rate, should you not be currently associated with a nursery, for example, as an owner, manager or employee. Should you become a Member as an individual and you later commence trading as, or become an owner or employee of, an OFSTED (or equivalent ) registered nursery, we shall be entitled to charge you the difference between an individual and full Membership. 

3.2 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. 

3.3 The Price is inclusive of VAT which is payable upon any part of the Services to which it is deemed to apply. 

3.4 Payment of the Price is to be made either on or before the date that your Membership commences. 

3.5 When you become a Member you do so for a full 12 months, as such the Price is not refundable.

4. Services

4.1 The Services are continually being updated and amended to ensure that they meet our high standards. We therefore reserve the right to amend or delete any of the Services that we provide to Members or to modify any of the other Services that we provide.

4.2 Some of the Services that we provide are accessed on our website by means of a login and password. You should not disclose your password to anyone that isn’t an employee of your nursery. We reserve the right to terminate your Membership should you fail to comply with this provision.

4.3 Those Members who opt for individual, local authority/commercial corporate and international Membership receive a limited benefits package. 

[Clauses for Corporate Members: 

Corporate Membership belongs to the member organisation, not an individual. 

Becoming a Corporate Member does not provide your organisation with exclusivity over other organisations.

NDNA do not endorse you, your organisation, products and services to our member nurseries. 

A discount on your first digital OR print advertisement means NDNA will only offer you an advertising discount on the following channels: NDNA website, email newsletter, bespoke e-shot, Nursery News or Wall Planner. A discount will only apply in your first year of your membership and cannot be rolled over.

Corporate Membership Package: 

• The welcome social media post will be at NDNA’s discretion and we retain full editorial control. 
• NDNA will post one copy of Nursery News and the email newsletter can only be sent to one email address.] 

 NDNA reserves the right not to accept your organisation for Corporate Membership for any reason.

4.4 [International 4.4.1: the Services that we provide, including (without limitation) our publications, advice leaflets, and other documents 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 the operation of their nursery (or otherwise) in the jurisdiction in which their nursery is located.

5. Safeguarding

We have an obligation to ourselves, our Members and the children they 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 you can view here for England, here for Scotland and here for Wales, or is otherwise available from us upon request by emailing [email protected] 

6. Intellectual property

All intellectual property rights in any document that is provided to you by us belongs to us or are licensed to us. We license such rights to you to the extent necessary for you to make use of the Services.

7. Limitation of 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:

(i) 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

(ii) 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. Termination

8.1 We may terminate your Membership without liability immediately, by giving written notice to you:

(i) if you in our reasonable opinion are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, you commence negotiations with all or any class of its creditors with a view to rescheduling any of its debts, a petition is led, a resolution is passed, or an order is made, for or in connection with the winding up of your body corporate, an application is made to court for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over your affairs, or a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver; or

(ii) if you suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of its business, or

(iii) if you are in breach of the Code of Conduct for Members (where the complainant is NDNA) or our Articles

(iv) in accordance with article 13 of the Articles

(v) in accordance with clause 5 of these Terms. 

8.2 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. In the event that you have used any trademark authorised by us as part of any marketing (including your website), display or signage that you have adopted, you agree to remove the trademark from it within 21 days of you ceasing to be a Member.

9. General

9.1 We shall not be liable for any failure or delay in performing our obligations to you as a Member 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.

9.2 Waiver. 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, nor shall it prevent or restrict the further exercise 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.

9.3 Third party rights. A person who is not a party to the contract between us shall not have any rights to enforce its terms.

9.4 Variation. We reserve the right to amend these Terms at any time by providing you with no less than 28 days prior written notice.

9.5 Severance. If any court or competent authority finds that any provision of the 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.

9.6 If any invalid, unenforceable or illegal provision of this Agreement 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.

9.7 Governing law. The 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.

9.8 Jurisdiction. Each party irrevocably agrees that 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).

Approved by Board May 2019

Shop T&Cs

Intellectual Property

1.1 NDNA® is a registered trademark. 

1.2 The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by NDNA. 

1.3 The re-use of illustrations, photographs, diagrams, or videos featured on NDNA’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances. 

1.4 All products and services of NDNA without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore all intellectual property belongs to NDNA, its related companies, its affiliates, or suppliers. 

1.5 The use of NDNA’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from the Company. 

1.6 NDNA does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to 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. 

1.7 If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose”. If no specification was provided, NDNA shall not be held responsible for any losses incurred as a consequence of the provided service. 

1.8 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 NDNA’s website or course materials. The information on this site is provided “as is” and without any warranties. 

1.9 NDNA does not accept responsibility of content of any third party sites that may be referenced by NDNA. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the site of any of its content or the replication of this site to any server. 

Purchasing Process

Account

To access or buy products from NDNA’s shop, you must already have or create a guest login account. By placing an order, you therefore agree to NDNA’s Privacy Notice.

Buying on behalf of someone else in your organisation

As a paid for NDNA Nursery Member, Affiliate, International or Local Authority member, you may buy a product on behalf of someone else in your organisation. However, the responsibility for the order and payment will rest with you.

Payment Process

We use Stripe to collect/process transaction information. Please view Stripe’s security policy. NDNA are responsible for the transaction. Credit card details are entered on a secured page, and they are transferred using SSL. We accept 3D Secure transactions.

Membership

For terms and conditions of membership please click here.

Training Events

Full terms and conditions for training events can be viewed by clicking here

Products (including publications)

Confirmation of order

When you place an order to purchase a product from NDNA’s online Shop, we will send you an e-mail confirming receipt of your order and containing the details of your order.

Availability and pricing

The supply of products and publications from our online Shop is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. If the item is not available and not likely to come back into stock in a reasonable time we will cancel that item from your order and you will be refunded the cost of it. 

Whilst every attempt is made to ensure the prices shown on our website are accurate, there may be occasions when the prices shown are incorrect. When this information comes to light in the course of processing a customer order we will contact you with the correct price so you can inform us whether you wish to proceed with the order.

We reserve the right to remove courses from sale and use without notice. This may be because of legislation changes or information becoming obsolete. Customers that have purchased the course within the previous four weeks before the course was removed will be entitled to a full refund, or a free exchange to another course of the same value.

Dispatch

We aim to dispatch all orders within 14 days of payment being received.

Returns

Full refund or replacement will be given in the event that the wrong goods are sent and NDNA will bear the cost of postage. Where goods are received damaged, a replacement will be sent upon receipt of the damaged goods. If the customer orders the wrong goods, providing they are received back in unused condition within seven working days a replacement or refund of the cost of the goods will be given, however no refund of postage cost will be made.

Copyright

All intellectual property rights for all course materials shall remain the property of NDNA. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. NDNA warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution. 

NDNA Development Zone

By agreeing to these terms and conditions you agree to NDNA’s Development Zone Community Guidelines and Moderation Policy. Please see information about copyright above.

Confirmation of order

When you place an order to purchase NDNA’s Development Zone Courses, we will send you an e-mail confirming receipt of your order and containing the details of your order. Within 72 hours we will send you an email with your course access login details.

Sale of NDNA online training bundles

NDNA’s online Development Zone bundles are solely for nursery member use. They are not intended for use by distributing to third parties.

Refunds

Once the course has been accessed or content has been downloaded no refund will be given under any circumstances. If a customer orders in error, or no longer requires a course, no refund will be given more than seven days after the purchase date.

Full terms and conditions can be viewed by clicking here.

NDNA’s Development Zone Community Guidelines and Moderation Policy can be viewed by clicking here.

Virtual products including but not limited to factsheets, policies, leaflets, training materials

These products are provided for your personal use only and may not be copied or distributed to other persons without the express written consent of NDNA.

Virtual products are coded with the name of the person who ordered them.

Confirmation of order

When you place an order to purchase or download any of NDNA’s virtual products, we will send you an e-mail confirming receipt of your order and containing the details of your order. Within two working days we will send you access to the virtual product you have ordered.

Refunds

Once the material has been made available to you by electronic means no refund will be given under any circumstances.

Quality Counts

Confirmation of order

When you place an order to purchase NDNA’s Quality Scheme, we will send you an e-mail confirming receipt of your order and containing the details of your order. Registration onto the scheme and provision of your customer unique scheme login will be sent following receipt of payment or valid bank details for Direct Debit being setup.

Refunds

No refund will be given under any circumstances.

Current product promotions T&Cs

Training Events Live Virtual Classroom and Webinars T&Cs

1. These Standard Terms and Conditions of Contract should be read together with our Confirmation of Booking.

2. Definitions

In this document “Charges” means the agreed amounts to be paid by the Customer to NDNA.”Customer” means the commissioning Customer defined in the Confirmation of Booking; “Full Fee” means the full amount of the estimated charges set out in the Confirmation of Booking. “Training” means the training to be arranged by NDNA for the Customer, as described in the Confirmation of Booking. “Deposit” means a non-refundable amount of £100 that is payable upon confirmation of booking an “in house” course, if the “Full Fee” can’t be paid at the time of booking. “In house” means a course ordered for a nursery’s own staff at their own venue.

3. Commencement and duration

This Contract shall come into force as between NDNA and the Customer on the date of the payment of the Deposit or Full Fee, which  constitutes confirmation of Booking by both NDNA and the Customer and shall continue in force until completion of the Training. If the customer is a public sector body that cannot make card payments, the training cannot be confirmed without written receipt of a valid Purchase Order number and verified Invoicing Address.

4. Entire agreement

These Standard Terms and Conditions of Contract, the Confirmation of Booking and any other documents annexed (together the “Contract”) constitute the entire agreement and understanding between the parties and supersede any prior written or oral agreements.

5. Governing law and jurisdiction and interpretation

The Contract shall be governed by and construed in accordance with the laws of England and Wales

6. Service of notices and communication

6.1 NDNA and the Customer shall each appoint a named person to be the lead contact in connection with the Contract, these will be the persons who sign the Confirmation of Booking and who have the necessary authority to contract on behalf of the Customers.

6.2 Any notice or other communication given under the Contract must be made in writing, addressed to the Lead Contact referred to in clause 6.1 and given either by hand, first class recorded postal delivery, facsimile transmission or sent by electronic mail.

7. Amendments and variations

No amendment or variation to the terms of the Contract shall be valid unless previously agreed in writing between the parties.

8. Cancellation of “in house” training

8.1 If the customer gives notice of cancellation of the Training more than 21 days before the agreed start date then a full refund will be made, minus the £100 Deposit (if the full fee has already been paid). If the full fee hasn’t been paid, the deposit is non-refundable, but no further charges will be incurred.

8.2 Where the customer wishes to re-arrange a confirmed date of “in house” training or preparing for Inspection visit less than 21 days before the training/Preparing for Inspection visit is due to take place, a re-arrangement fee of £100 will need to be paid. Failure to pay the re-arrangement fee will cause the training to be cancelled with no refund payable to the customer.  If the customer has only paid the £100 deposit, then the customer will need to pay the remaining balance, plus the re-arrangement fee of £100. Following a re-arrangement request, the customer can no longer request a refund. Refunds can only apply to cancellations more than 21 days before the date of the original booking. Any further re-arrangement requests will require a re-arrangement fee of £100, regardless of notice period.

8.3 If Ofsted conduct an inspection of the nursery prior to or on the date of the arranged Preparing For Your Inspection, the fee paid to NDNA can be transferred (net of VAT) to another in house training course of choice to be delivered at a date no later than three months of the original arranged date.  No refund will be made unless the cost of the chosen in house course is lower than the cost of Preparing For Your Inspection in which case the difference will be refunded. If the customer has re-arranged the original date of the Preparing for Inspection visit and Ofsted inspect the nursery before the re-arranged date, then no refund or product exchange will be available.

8.4 Cancellation of an Open Training place – if a customer wishes to cancel a place on an Open Training event by giving more than 14 days’ notice, a full refund will be made. If notice of cancellation is less than 14 days, no refund will be paid.

8.4.1. If instead of cancellation, a customer notifies us less than 14 days before the event of their wish to swap onto a different training course, the customer will be charged an administration fee of 25% of the original booking fee (inc VAT).

8.4.2 The customer must select the course they would like to swap to within 48 hours of notifying us of the intended swap. If NDNA is not alerted within 48 hours, the initial booking fee will not be refunded and NDNA will not be able to carry out the swap. All swaps are subject to NDNA’s discretion and course availability.

8.5 NDNA may cancel or postpone the Training at any time before the start of the training by giving 15 working Days’ notice in writing to the Customer.

8.6 Where notice of cancellation by NDNA of the Training is given more than 14 days before the agreed start date then the training will be rescheduled to a later date.

8.7 Where notice of cancellation by NDNA of the Training is given 14 or less days before the agreed start date then the training will be rescheduled or a full refund will be offered.

8.8 Upon cancellation of the Training in accordance with this clause 8, this contract shall terminate and the provisions of clause 14 shall apply.

8.9 Local Authorities – If a local authority gives notice of cancellation of training more than 14 days before the agreed start date, no charges will be incurred.

8.10 If a local authority gives notice of cancellation of training less than 14 days before the agreed start date, 50% of the cost will be incurred, providing the training is rescheduled for a later date. If the training is not rescheduled the full cost will be incurred. If the rescheduled date is cancelled then the full cost will be incurred.

8.11 Where notice is given by NDNA points 8.5 – 8.8 will apply.

8.12 Cancellation of a Live Virtual Classroom & Webinar place -– if a customer wishes to cancel a place on our Live Virtual Classroom/Webinar by giving more than 14 days’ notice, a full refund will be made. If notice of cancellation is less than 14 days, no refund will be paid. 

8.12.1 If instead of cancellation, a customer notifies us less than 14 days before the event of their wish to swap onto a different Live Virtual Classroom/Webinar course, the customer will be charged an administration fee of 25% of the original booking fee (inc VAT). 

8.12.2 The customer must select the course they would like to swap to within 48 hours of notifying us of the intended swap. If NDNA is not alerted within 48 hours, the initial booking fee will not be refunded and NDNA will not be able to carry out the swap. All swaps are subject to NDNA’s discretion and course availability. 

8.13 NDNA may cancel or postpone a Live Virtual Classroom/Webinar at any time before the start of the training by giving 15 working Days’ notice in writing to the Customer. 

8.14 Where notice of cancellation by NDNA of the Live Virtual Classroom/Webinar is given more than 14 days before the agreed start date then the training will be rescheduled to a later date. 

8.15 Where notice of cancellation by NDNA of the Live Virtual Classroom/Webinar is given 14 or less days before the agreed start date then the Live Virtual Classroom/Webinar will be rescheduled or a full refund will be offered. 

8.16 Upon cancellation of the Live Virtual Classroom/Webinar in accordance with this clause 8, this contract shall terminate and the provisions of clause 14 shall apply. 

9. Adverse weather

9.1 NDNA and the Customer reserve the right to cancel training due to adverse weather conditions at any time leading up to the commencement of the event. NDNA will liaise directly with the Associate/Trainer and the Customer at all times to determine whether training can take place. 

9.2 In the event of cancellation, the training will be rescheduled to a later date at no extra cost to the Customer; however no refund will be given. In the event that the training cannot be rescheduled, the fees paid by the Customer will be credited to them to be redeemed against other NDNA products and services. 

9.3 NDNA and the Customer reserve the right to postpone training due to adverse weather conditions after the delivery has commenced. In this instance, NDNA and the Customer will agree whether an additional training session is required at a later date.

10. Confidentiality – please see Privacy notice

11. Invoices and payment

11.1 NDNA shall provide the Training to the Customer in consideration of the payment of the Charges to NDNA by the Customer. 

11.2 NDNA will submit invoices for the Charges and agreed expenses to the Customer prior to the commencement of the proposed Training. 

11.3 The Customer will pay the total amount shown on each invoice at least 30 days prior to the course commencing. 

11.4 If payment for a correctly submitted invoice is overdue NDNA will, in the first instance, speak to the Customer’s Lead Contact. In the event that the problem is not resolved, NDNA may take such actions to collect outstanding sums as it deems reasonable and may recharge any cost of such actions to the Customer.

12. Termination for breach of contract

If either party commits a material breach of the contract which is either not capable of remedy, or, if it is capable of remedy, is not remedied within 28 days of being notified by the other party in writing to do so, the person who served such notice shall be entitled to terminate the Contract with immediate effect by notice in writing to the other party.

13. Consequences of termination

Upon any termination of this Contract (for whatever cause): the rights and the obligations of the parties under this Contract shall terminate and be of no future effect except for those clauses which relate to issues of confidentially and liability. Termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of this Contract which existed at or before the date of termination.

14. Service delivery

14.1 It is for the Customer to satisfy itself that the Training meets its needs. NDNA does not accept liability if the Training does not meet the Customer’s needs. 

14.2  NDNA reserves the right to provide the Customer with an advisor/trainer of NDNA’s choice. NDNA undertakes to ensure that such advisor is competent to provide the Training. 

14.3  If the Customer has a reason to be dissatisfied with the advisor/trainer assigned by NDNA, the Lead Contact should write to the relevant NDNA contact stating those reasons. NDNA will investigate the complaint taking account of relevant circumstances and will try to resolve the matter with the Customer. Any change of advisor/trainer assigned to the Training shall be at the discretion of NDNA. For the avoidance of doubt, the Customer shall not be entitled to insist upon a change of advisor/trainer. In the event that the matter is not resolved to the satisfaction of the Customer, it shall have the right to terminate the Contract with immediate effect on notice in writing to NDNA. 

14.4  NDNA shall use its reasonable endeavours to complete the Training within the number of days stated in the Confirmation of Booking. Where in NDNA’s sole opinion the Training cannot be completed as set out in the Confirmation of Booking then: 

(A)  where such situation is not attributable to the acts or omissions of the Customer, NDNA will inform the Customer in writing to seek a mutually acceptable solution; 

(B)  where such situation is due to NDNA’s negligence then the matter will be referred to the lead contact for resolution. 

14.5  NDNA will evaluate its Training delivery following completion of the Training based on completed evaluation forms and share the results of that evaluation with the Customer. 

14.6 Delivery of Live Virtual Classrooms/Webinars – NDNA will provide a Confirmation of Booking upon payment received for a Live Virtual Classroom/Webinar. The Confirmation of Booking will provide detailed instructions of how customers access the modules of the Live Virtual Classroom or Webinar. Dates and timings will be specified in the Confirmation of Booking. 

14.7 It is solely the responsibility of the customer to ensure they follow the guidance provided by NDNA, to enable them to access the Live Virtual Classroom/Webinar. Administration support will be available to assist customers, who must attend a test session, prior to their Live Virtual Classroom session. NDNA does not accept any liability if the customer is unable to access the Live Virtual Classroom/Webinar. 

14.8 You acknowledge that NDNA is the service and content provider of the Live Virtual Classroom/Webinar that will allow people to interact online. The topics and content are chosen by NDNA and as part of the nature of the Service, NDNA will not always be able to regulate the content/communications created by learners or otherwise. As a result, NDNA has limited control over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service. 

14.8.1 It is the responsibility of delegates attending live virtual classroom/webinar delivery to be in a suitable training environment, away from children in their care. If NDNA identify delegates taking part with children present, NDNA reserves the right to ask delegates to leave and join from a suitable environment. 

14.9 It is solely the responsibility of the customer to commit to attending all modules on the Live Virtual Classroom course/Webinar signed up to. It will not be possible to attend modules from different courses. NDNA does not accept any liability if the customer cannot attend a module/s and no refund will be given. If modules are missed, access to a certificate will not be provided. 

15. Intellectual property rights 

NDNA retains intellectual property rights to all material produced by NDNA. The Customer is not, by virtue of this Contract or any other contract, entitled to reproduce or otherwise use case studies, quizzes or other material produced by NDNA unless it can be expressly shown to be otherwise in the public domain.

16. Venue

Where it is agreed that the Customer is responsible for providing a suitable venue for the Training it shall ensure that the venue complies with all applicable legislation and NDNA shall not be liable for damage or injury suffered by persons attending at such venue other than for death or personal injury caused by NDNA’s negligence. The venue will meet the following: Adequate levels of heat, light, space for a learning environment, comfortable full sized adult chairs, adequate refreshments for all delegates – at least one serving of tea/coffee plus water available, no glare from windows onto projector screen, clean well maintained area and adequate toilet facilities.

17. Limitation of liability

17.1 NDNA aims to provide the Training with skill, knowledge and care and to be independent and impartial. 

17.2 NDNA shall use its reasonable endeavours to ensure that any information provided by NDNA in the provision of the Training is accurate and current but NDNA accepts no liability for the accuracy of such information or for any consequences of the Customer relying on its accuracy, except in the event of fraudulent misrepresentation. 

17.3 The Training provided by NDNA under this Contract is specific to the Customer. NDNA accepts no responsibility for any consequences arising from reliance upon advice provided by NDNA by any person other than the Customer or for any purpose other than the Training.

18. Non discrimination

The Customer agrees that it will comply both in actions and in spirit with all equal opportunities legislation when determining delegates for inclusion in the Training. NDNA undertakes to treat all delegates with dignity and respect regardless of race, colour, ethnicity, gender, disability, age, sexual orientation, religion or belief.

19. Force majeure

Failure by any party to this Contract to perform any of its obligations under this Contract, save for failure to make payment against invoices, as a result of conditions beyond its reasonable control such as, but not limited to: war, strikes, fires, floods, acts of God, illness and governmental restrictions shall not be deemed a breach of this Contract.

Virtual Member Event T&Cs

Registration

• We will confirm your booking for the event by email. If you have not heard from us, please contact our Events Team on 01484 407070 or email [email protected] 
• Registration information and Zoom entrance details will be emailed to you two days prior to the Event taking place 
• We cannot be held responsible for non-arrival of registration information. If you haven’t heard from us within 24 hours of the Event starting, please contact us on 01484 407070 or email [email protected] 
• You must not share the Zoom entry details. 

The Event

• This is a free Event specifically for owners and managers of early years settings 
• 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. NDNA does not accept any liability if you are unable to access the Event 
• Your registration does not guarantee entry. Entry will be on a first come first served basis on the day of the Event 
• 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 
• By entering promotional offers and giveaways, you agree that the named suppliers can contact you via email in order to fulfil the offer 
• We have the right to cancel or postpone the event due to unforeseen circumstances. Should this happen, we will email you on the contact details you have given to notify you 
• NDNA 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 
• The Event will be recorded so should you not be able to attend for any reason, the recording will be available on the NDNA website within 48 hours of the live Event. 

Privacy statement – please see Privacy notice

Quality Counts Terms & Conditions

Use of the Website

The use of the Website is governed by NDNA’s Terms of use of the NDNA Website use which can be found in NDNA’s Privacy policy here.

Formation of Contract

The pages on the Website guide the user through the steps required to purchase. Please take the time to read and check the commitment required. 

Where the Customer wishes to make payment via Direct Debit a request by telephone is required. 

NDNA will confirm acceptance of a purchase by sending a confirmation E-mail to the Customer. The Contract is entered into at this time. 

Groups

In circumstances where a Customer owns or controls more than one Premises (Group Customer), a separate Request for Application must be made for each Premises (by reference to its OFSTED (or equivalent) number) within that group (Individual Setting). Each Request for Application will be considered separately by NDNA; Approval will be for each Individual Setting only.

Charges and payment

The Charges are determined in accordance with NDNA’s price list which can be found on the NDNA Website. Any variation in the Charges will be notified to the Customer by NDNA by E-mail or otherwise in writing; all current Charges can be found on the Website at the link contained in this clause 5.1. 

The Charges are payable at the time that a Request for Application is accepted by NDNA. The Contract is entered into at the Customer’s risk; the Customer should consider the contents of the Website where more information relating the process of Certification can be found before a purchase is made. The Charges are not refundable in any circumstances. 

All Charges due under the Contract are inclusive of VAT, which shall, where applicable, be paid by the Customer at the prevailing rate on the due date for payment.

Assessment

The deadline for making an application for assessment shall be that date which is one year from the Commencement Date. 

Upon Request for Assessment NDNA shall allocate an independent assessor to undertake an onsite assessment visit on a date that shall be mutually agreed with the Customer. 

In the event of the Customer cancelling the arranged date for assessment the Customer shall be liable to pay for any cancellation costs incurred by NDNA. 

Should a Customer need to seek an extension to the Deadline due to extenuating circumstances, application must be made at least three (3) months prior to the Deadline. Extensions to the Deadline will be considered on a case by case basis and a fee will be payable in accordance with the Charges on the NDNA website. 

Should application not be made by the Deadline the right to do so will lapse therefore preventing the Customer from accessing the restricted pages of the Website; any data that has been submitted may be lost. 

Upon completion of Assessment, NDNA shall endeavour (but not be obliged) to complete its validation of it on or around the date of NDNA’s next Panel (these dates shall be posted on the Website or otherwise communicated to the Customer in writing).

Appeals & Disputes

In the event that a Customer considers that any decision made by NDNA following Panel is unfair or incorrect, it has the right to appeal in accordance with the provisions set out in NDNA’s appeals procedure which can be found in the Resources section on the Quality Counts website. 

If a dispute arises out of or in connection with the Contract or the performance, validity or enforceability of it, such a dispute shall be dealt with in accordance with NDNA’s complaints policy which can be found in the Resources section of the Quality Counts website.

Certification Period

The period of Certification shall commence on the Award Date and continue for the Certification Period, unless and until terminated early in accordance with the terms of the Contract. 

Upon the expiry of the Certification Period the Certification shall automatically lapse unless the Customer has renewed its Certification by making a successful Application. 

In the event that a Customer does not renew Certification the right to use the Quality Counts trademark will cease.  The Customer must immediately remove the trademark from any and all literature, including but not limited to, websites, signage, marketing materials.

Customer’s obligations

For the duration of the Contract the Customer:

• Warrants that all information disclosed to NDNA is, and continues to be, complete and accurate; 
• Will advise NDNA promptly of any serious incidents, complaints or unsatisfactory inspection grading that impacts on the quality of provision within its premises where the care and education of children takes place; 
• Shall ensure that the Certification Conditions are met and continues to be met; 
• Shall ensure all of its employees or other personnel engaged in the care of children at its Premises maintain and the levels of Quality assessed against for the duration of its Certification; 
• Agrees to complete and upload audit, and documents, to the dedicated area of the Website prior to Application for Assessment; 
• Shall complete annual declarations on the dates stipulated by NDNA from time to time. Failure to do so may result in the termination of Certification; 
• Shall continue to review and upload evidence of its adherence to the Certification Conditions throughout the Certification Period; 
• Shall maintain its OFSTED registration (or jurisdictional equivalent if located outside England) and otherwise conform with all and every law, regulation, directive or other authority which governs the provision of child care and education in the United Kingdom and overseas as it applies to the Customer or Individual Setting.

NDNA obligations

NDNA shall for the duration of the Contract:

• Provide a unique log in code to the Quality Counts website 
• Provide on line mentor support and will endeavour to provide mentor response to enquiries within 72 hours within the Website; 
• Provide telephone and e-mail help via NDNA head office between office hours on Business Days (09:00 – 17:00); 
• Use experienced assessors for both online assessment and onsite assessment. Conflict of interest will be checked by the completion of the assessor declaration. In order to reduce any such conflicts, NDNA will not appoint assessors who live or work within the same geographical locality as the Customer or Individual Setting; 
• Provide annual declarations with a set deadline for return; 
• Provide reminder emails at least three months before the conclusion of the Certification Period to remind Customer to renew their Certification. To renew a Certification a Customer must make a new Application; 
• Provide Customers and or Individual Settings with online resources to test ongoing understanding and conformity with the Certification Conditions throughout Certification Period 
• Provide a dated certificate to those Customer or Individual Settings which are Certified with a validity period of three (3) years. 
• Provide an award pack which includes Quality Counts trademark, the scheme logo and information concerning public relations and marketing. 

Ownership of Intellectual Property Rights

All Background Intellectual Property Rights that belong to NDNA or the Customer shall remain with that party. 

Any Foreground Intellectual Property Rights shall vest absolutely in NDNA. 

The Customer hereby irrevocably, unconditionally and absolutely assigns to NDNA, with full title guarantee, and without restriction, all right, title and interest to all Foreground Intellectual Property Rights.

Quality Counts trademark licence

NDNA grants the Customer a non-exclusive, non-transferable, royalty-free licence during the Accreditation Period to use the Quality Counts trademark under the Contract subject always to the Brand Guidelines.

Infringements

The Customer shall notify NDNA promptly on becoming aware of:

• Any unauthorised use by any third party of the Quality Counts trademark; or 
• Any actual or threatened claim by any third party in connection with the performance of the Contract in each case giving full details of that unauthorised use and/or claim. 

NDNA shall have sole and complete control of any litigation or other proceedings arising out of any unauthorised use of its Intellectual Property Rights or any third-party claim against it. The Customer shall provide NDNA with all assistance as may be reasonably required by it to prosecute, defend or settle any such claim. The Customer shall take any action which might be reasonably anticipated to compromise any such claim. 

A Receiving Party shall not transfer any Personal Data outside the European Economic Area without the prior written consent of the Disclosing Party.

Indemnity

The Customer undertakes to indemnify NDNA and hold it harmless from for and against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by NDNA arising out of or in connection with the Customer’s breach or negligent performance or non-performance of the Contract.

Limitation of liability

NDNA shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for; loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; any indirect or consequential loss; and any losses that derive out of the loss of connectivity to the Website.

Termination

Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

• The other party commits a material breach of any  term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; 
• The other party repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract; 
• The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; 
• The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors; 
• A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company); 
• An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company); 
• The holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver; 
• A person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party; 
• A creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days; 
• The other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business. 

Without affecting any other right or remedy available to it, NDNA may terminate the Contract with immediate effect by giving written notice to the Customer if:

• There is a change of Control of the Customer; or 
• NDNA receives a complaint regarding the Customer which is substantiated 
• NDNA is of the opinion (acting reasonably) that the continuation of the Customer’s Certification is detrimental to the goodwill in the Quality Counts trademark.

Consequences of termination

On termination or expiry of the Contract the Customer shall:

• Immediately cease to use the Quality Counts trademark; and 
• Immediately cease to use all that information and resources provided by NDNA upon receiving its Certified status, and any other information or resources purchased from NDNA and which relate to its Certification or which were purchased only as a result of it achieving Certification; and 

Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

Sanctions against misuse

The customer will be asked to remove any marketing materials which do not conform to our Quality Counts terms and conditions of use.  This is done verbally, backed up with an email and in writing.  Should the customer not be brought into compliance, the continuing display of the logo could constitute a misleading action under The Consumer Protection from Unfair Trading Regulations 2008. As such it would become a matter which Trading Standards would investigate and potentially the customer could be taken to court and may be found guilty of a criminal offence.

myNDNA community T&Cs

1. Interpretation

1.1 In these terms and conditions (“Terms”) the following definitions shall apply: 

Member – a member of National Day Nurseries Association’s (“NDNA”) myNDNA 

Membership – the membership of NDNA Childcare Community 

Services – those services that are made available to myNDNA Members by NDNA from time to time 

us, we, our – is a reference to NDNA 

you, your – that person that becomes a Member. 

2. Membership

2.1 You will become a Member when you sign up online to the myNDNA. This occurs when we send to you an e-mail that we have accepted you as a Member. 

2.2 By becoming a Member you agree to be bound by these Terms. 

2.3 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.

3. Price and payment

3.1 The price for becoming a Member and/or continuing to be a Member is determined by us. Currently this service is free of charge.  If at any time we decide to charge for Membership, then we will inform you of this first and give you the sufficient notice to opt out of the Membership at a future date. 

3.2 When you become a Member you do so indefinitely and there is no Membership termination date.

4. Services

4.1 The Services are continually being updated and amended to ensure that they meet our high standards. We therefore reserve the right to amend or delete any of the Services that we provide to Members or to modify any of the other Services that we provide. 

4.2 Some of the Services that we provide are accessed on our website by means of a login and password. You should not disclose your password to anyone. We reserve the right to terminate your Membership should you fail to comply with this provision. 

5. Intellectual property

All intellectual property rights in any document that is provided to you by us belongs to us or are licensed to us. We licence such rights to you to the extent necessary for you to make use of the Services.

6. Terminations

6.1 We may terminate your Membership without liability immediately (or following such notice period as we see fit), by giving notice by email to you. 

6.2 Upon termination of your Membership your access to the Services will cease along with your ability to log-in to the Members area of our website.

7. General

7.1 We shall not be liable for any failure or delay in performing our obligations to you as a Member 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. 

7.2  Variation. We reserve the right to amend these Terms at any time by providing you with reasonable written notice.

Development Zone T&Cs

The Agreement

The following agreement (“this Agreement”) describes the terms and conditions on which National Day Nurseries Association (NDNA) offers you access and use of material found on this website (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement (“Terms & Conditions of Service”). 

By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the Terms and Conditions of Service. NDNA only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms & Conditions of Service. 

If you do not agree to the Terms & Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. NDNA may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on the Early Years Development Zone. No variation or counter offer of this Agreement will be accepted by NDNA.

 1. The Service

NDNA is the national charity representing children’s day nurseries across the UK. Our goal is clear – to promote quality in early years care and education for the benefit of children, their families and the local community. To do this we provide our members with information, training and support so they can give the best possible care to young children.

1.1 You acknowledge that NDNA is a service provider that may allow people to interact online regarding topics and content chosen by NDNA. As part of the nature of the Service, NDNA will not always be able to regulate the content/communications created and made available by learners of the Service or otherwise. As a result NDNA has limited control over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service. 

1.2 You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programmes, animations, text and other creative output (“Content”); and (2) Content may be provided by NDNA or by others such as the learners of the Service (“Content Contributors”). 

1.3 You acknowledge that NDNA and other Content Contributors have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from NDNA. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.

2. Licences and IPR

2.1 Subject to the terms of this Agreement, NDNA hereby grants you a non-exclusive, royalty free and revocable licence to access and use the Service and use the content in the Service in accordance with the Terms & Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service. 

2.2 Content owned or licensed to NDNA as part of the Service can be used by any learners of the Service for any such purposes that are conducive to education, teaching, learning, private study and/or research. 

2.3 Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Service, you automatically grant (and you represent and warrant that you have the right to grant) to NDNA a non-exclusive, royalty free, perpetual licence to: (a) use, reproduce and communicate your Content within the Service and a right to sub-licence such use to learners of the service as long as the Content is used by such learners within the Service; and (b) to use and reproduce and to authorise third parties to use and reproduce any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service. 

2.4 You understand and agree that by submitting your Content to any area of the Service you automatically grant (or you warrant that the owner of such Content has expressly granted) to NDNA a non-exclusive, worldwide, royalty-free, perpetual licence under any and all patent rights you may have or obtain with respect of your Content, to use your Content for all purposes within the Service. 

2.5 You agree to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party. 

2.6 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data NDNA stores on NDNA servers. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of NDNA.

2.7 You must agree to abide by clauses 9 and 10 below regarding copyright and intellectual copyright.

3. Enrolment conditions

3.1 Enrolment keys provided by NDNA are intended for single, individual use in conjunction with a valid NDNA Development Zone account. Keys are non-transferable once purchased and activated. No refunds can be given once the key has been used to access a course. 

3.2 The enrolment period for free online courses provided by the NDNA is unlimited and courses can be accessed as many times as wished. 

3.3 The enrolment period for online courses purchased via the NDNA Shop is 180 days from first use. Access may not be extended beyond this period without the purchase of an additional enrolment key. 

3.4 Where an exception to the standard enrolment period exists, this will be stated in the confirmation email sent with the enrolment key. 

3.5 For certificates relating to face-to-face training courses, the standard 180 day enrolment period also applies. However, lost certificates may be reissued at NDNA’s discretion.

4. Community Guidelines and Moderation

4.1 You agree to read and comply with the Community Guidelines and Moderation Policy Community Guidelines and Moderation Policy as posted on the Early Years Development Zone. 

4.2 In addition to abiding at all times to the Community Guidelines and Moderation Policy, you agree that you shall not: (a) take any action of upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (b) impersonate any person or entity without their consent, including but not limited to an NDNA employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) upload, e-mail or otherwise transmit Content that violates any United Kingdom law or regulation; (d) upload, e-mail or otherwise transmit Content determined by NDNA in its reasonable opinion to be libellous. You agree that NDNA may take whatever steps it deems necessary to abridge, or delete material on the Service in its sole discretion, without notice to you.

5. Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification

5.1 As a condition of access to the Service, you release NDNA from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more learners of the Service. You further understand and agree that NDNA will have the rights but not the obligation to resolve disputes between learners relating to the Service. 

5.2 Any Content or other data residing on NDNA’s servers or the Service may be deleted, altered, moved or transferred at any time for any reason at NDNA’s sole discretion without notice and without liability to you or any third party. 

5.3 NDNA provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. NDNA hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, NDNA accepts no liability for loss suffered or incurred by the learners or any third party as a result of their reliance on the Service and/or Content. 

5.4 To the extent permitted by law, in no circumstances will NDNA be liable to you or you liable to NDNA for any loss resulting from a cause over which NDNA or you do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems. 

5.5 In no event shall NDNA be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content. 

5.6 You agree to defend, indemnify and hold harmless NDNA and learners of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless NDNA from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.

6. Privacy statement – please see Privacy notice

7. Governing Law and Dispute Resolution

7.1 This Agreement and the relationship between you and NDNA shall be governed by and construed in accordance with English law. You and NDNA agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts. 

7.2 You and NDNA agree to use best efforts to resolve disputes in an informal manner. Where you and NDNA agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and NDNA will agree upon the nature of the expert required and together appoint a suitable expert by agreement. 

7.3 Any person to whom a reference is made under Clause 6.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud. 

7.4 You and NDNA shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision. 

7.5 The costs of the expert shall be borne by you and NDNA in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and NDNA in equal proportions.

8. General Provisions

8.1 This Agreement constitutes the entire understanding and agreement between you and NDNA with respect of the subject matter hereof. 

8.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement. 

8.3 The rights granted to you or NDNA arising under this Agreement shall not be waived except in writing. Any waiver of any of your or NDNA’s rights under this Agreement or of any breach of this Agreement by you or NDNA shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or NDNA to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. 

8.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement. 

8.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa. 

8.6 All or any of NDNA’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of NDNA’s assets.

9.0 Copyright

All intellectual property rights for all course materials shall remain the property of NDNA. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. NDNA warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution. 

10.0 Intellectual Property

10.1 NDNA® is a registered trademark. 

10.2 The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by NDNA. 

10.3 The re-use of illustrations, photographs, diagrams, or videos featured on NDNA’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances. 

10.4 All products and services of NDNA without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore all intellectual property belongs to NDNA, its related companies, its affiliates, or suppliers. 

10.5 The use of NDNA’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from the Company. 

10.6 NDNA does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to 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. 

10.7 If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose”. If no specification was provided, NDNA shall not be held responsible for any losses incurred as a consequence of the provided service. 

10.8 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 NDNA’s website or course materials. The information on this site is provided “as is” and without any warranties. 

10.9 NDNA does not accept responsibility of content of any third party sites that may be referenced by NDNA. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the site of any of its content or the replication of this site to any server. 

NDNA Development Zone Community Guidelines and Moderation Policy

Scope

This Moderation Policy covers online discussions and posting of content using the NDNA Development Zone website to undertake training courses, post comments and view the various resources and support documents to benefit your understanding of the required subject area.

Moderation aims

This service includes many differing opinions and experiences. You may find opinions that you disagree with. Our aim at all times is to provide a place where the maximum discussion can take place. 

We try to be as fair as we can when moderating but in a large community of users, with many different viewpoints, there will always be some people that will not be happy with our moderation policies. While we regret that this happens, we cannot suit all of the people all of the time and have to make decisions based on what is best for the forum overall. 

‘THE VIEWS EXPRESSED ON THIS FORUM DO NOT NECESSARILY REFLECT THE VIEWS OF NATIONAL DAY NURSERIES ASSOCIATION, OUR PARTNERS OR ASSOCIATES IN ANYWAY UNLESS SPECIFIED’

It is the responsibility of all members of the forum to maintain the forum environment. You can be a good user by:

1. Reading and following these guidelines 
2. Informing others about them and 
3. Reporting those who do not follow them.

How to report abuse

Report abuse by informing the site Moderator. Please note that abuse reports are confidential and are not seen by the abuser. You must contact the NDNA Development Zone Moderator either by phone 01484 40 70 70, email [email protected] or write to NDNA, NEYEC, 6 Longbow Close, Huddersfield, HD2 1GQ.

Libellous content

If you feel you have been defamed or libelled in the forum, your first step should be to contact the Moderator to have the offending post removed. The Moderator’s e mail address is moderator@abbie-walkerndna-org-uk

Why was my abuse report not accepted?

The Moderator may or may not accept that the issue you highlight is actually abusive under our rules.

What to do if your post is moderated

As a learner you will have the opportunity to post comments on the Message Boards. Learners can post comments using an alternative alias to protect their identity. If you provide a comment/message and it is deemed inappropriate, NDNA may edit or delete comments. The learner will either be sent a Private Message or a note from the Moderator will be added to your message. If you still don’t understand why you were moderated then email the Moderator at [email protected].

You should not:

1. Post the same message again 
2. Taunt the Moderator 
3. Taunt other members of the forum for reporting you. 

I don’t agree with these policies

Then please do not post materials on the NDNA Development Zone.

Leaving the forum

If you decide to leave the forums, we will not delete your old posts as it makes the discussions difficult to follow for the remaining readers.

Timeliness

We cannot guarantee that we will moderate any post or topic in a timely manner.

Completeness

We cannot guarantee to moderate any post or topic completely.

Ownership and liability of posts

Messages posted at this site are the sole opinion and responsibility of the poster. We have the right to edit, delete, transfer, keep, sell or re-license posts at our sole discretion.

The rules extend basic courtesy to all users

Always be respectful of other users, the system, and the Moderator.

1. Commercial posts – The forums are not a venue for unsolicited advertisements of any kind. It will be the sole discretion of the Moderator as to what constitutes an advertisement and will remove these as necessary.
2. Personal insults – Do not directly insult other users on the forums. Personal insults do not contribute to the discussion. If someone insults you, do not insult them back or you will be given a warning. Please report the abuse instead to the Moderator.
3. Off-topic posts/thread-jacking – Please stay within the topic area of the section you are posting a message in, and within any topic that another poster may have started. A certain amount of straying from the topic can be expected, but we will warn and delete posts that try to hijack a discussion about one topic into another.
4. Inciting illegal behaviour – Posts inciting illegal behaviour are not acceptable. This includes, but is not limited to posts discussing places to steal items, to copy or hack software, etc.
5. Venting about previous employers – Claims of action, flames, and calls to action against any company or person will be removed.  We will remove any direct attacks on corporations and individuals in those corporations, unless they are the topic of the news item.
6. Graphics and images – We do not allow nudity on any part of the forums. We will delete images that are disturbing to learners, such as images of violence or death. We will also delete oversized pictures. Please keep your pictures less than 800 pixels wide.
7. Do not post in all capitals – They are difficult to read and many people think they are the equivalent of shouting.
8. Illegal materials – We will check for materials that may be defamatory, infringe copyright or other Intellectual Property Rights, or are illegal for any other reason, including, but not limited to, Contempt of Court, pornography, or promoting terrorism and reserve the right to delete or amend any materials that in the Moderator’s reasonable opinion are likely to fall foul of the law.
9. The final word – The Moderator’s decision is always final.

Maths Champions Programme

Privacy statement please see Privacy notice

In addition to the above Privacy notice, the following also apply.

Collection of Information

The lawful basis for processing your data is legitimate interest, in order for us to deliver the Maths Champions programme.

We receive and store information about you which will include:

• Practitioner name of nominated Maths Champion and Deputy Maths Champion
• Practitioner contact details
• Nursery contact details

Contacting you – consent and legitimate interest

In registering an interest in the Maths Champions Programme, you are consenting to being contacted in relation to the administration and management of the programme. 

All our email communications include clearly visible unsubscribe and opt-out links for changing preferences. You can opt-out of communications or update your preferences at any time by emailing [email protected].

If you are an individual and not a member of NDNA, then we will seek your consent to communicate with you if you have no prior relationship with us and have not actively signed up to one of our services or purchased a product or service from us.

Sharing of information

Once you have signed an MOU to participate in the programme, NDNA will share your setting and contact details with EEF – this is for their monitoring of the programme delivery. The EEF may contact some setting staff during the delivery of the project, to verify that their settings are participating in this project. If you have any concerns about this, please let us know..

 The EEF plans to study the Accelerator Fund activity to gather and share useful lessons. An EEF appointed evaluator may contact the headteacher and setting staff participating in this project to invite them to take part in interviews and/or complete some short surveys. They may also ask to visit and observe the intervention on one occasion. The evaluation will not be designed to be labour-intensive and it is not a requirement for taking part in the programme. The DfE also may wish to seek feedback or evaluate parts of the project, so could also contact the headteacher / setting staff participating in this project to ask if they would like to take part. Again, this is not a requirement for taking part. The EEF may share the contact names and email addresses of the headteacher and setting staff with the external evaluator and the DfE. If you have any concerns about any of these aspects, please let us know.  

For further information, please see EEF privacy notices

Personal Information collected by us will be used by NDNA and EEF only and not passed to third parties. No personal data will be transferred outside the EEA.

PANCo Terms and conditions

On purchasing and registering for any CACHE regulated programme with NDNA you are agreeing to the Terms and Conditions.  

These terms and conditions together with any other terms and conditions referred to in these terms and conditions (“these Terms”) provide you with information about NDNA (‘We’ ‘our’ ‘us’ ‘NDNA’ ‘National Day Nurseries Association’) and the terms and conditions on which we sell the products (‘courses’ ) listed on our courses home page (‘store’ ‘shop’) and the appropriate and acceptable  use of our website inclusive of our Learner Management System ‘LMS’).  

Please read these Terms carefully and make sure that you understand them before purchasing any Products. 

We reserve the right to amend these Terms at any time.   

For the purposes of these Terms, “in writing” includes email.  

NDNA is an approved NCFE CACHE Training Centre. We deliver Free taster, short non accredited CPD, diagnostic toolkits and regulated fully online qualifications.

If you ( ‘customer’ or ‘learner’)  are purchasing a product which is also an accredited qualification regulated by an awarding body you are also agreeing to adhere to the terms and conditions associated with that Awarding Body (e.g ‘NCFE’, ‘CACHE’ or ‘ILM’. )  

Intellectual property

NDNA retains intellectual property rights to all material produced by NDNA. The Customer is not, by virtue of this Contract or any other contract, entitled to reproduce or otherwise use case studies, quizzes or other material produced by NDNA unless it can be expressly shown to be otherwise in the public domain.

Registering for PANCo courses

1. You must ensure that all the information you supply to us through our website is true, accurate, current, complete and non-misleading. 
2. You must not impersonate any person to register or access any materials, free or paid, from any of our products.  
3. You can register a free learner account with us by completing the details on the registration page and clicking ‘Register’.
4. When you register with NDNA you are agreeing to messages being sent to you via email to communicate with you and support you on your study.  
5. You must not allow another person to use your log in details to access our website and products 
6. You must notify us in writing if you become aware of any unauthorised use of your account.  
7. You must not use another person’s account to access our website and products.  
8. You must keep your password and log in details confidential.  
9. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be liable for any losses arising out of such a failure.  
10. You are given an estimated end date for completion of any of our regulated courses. Within the given time frame, you are expected to complete any eLearning lessons and/ or online study as well as work-based application and submission of assessed work. Estimated completion dates allow sufficient time for NDNA IQA staff to carry out learner support, assessment, internal moderation, and certification processes.  
11. If you are unable to complete your online study or submit your work to be assessed within the given time frames for any reason, you must inform us in writing. 
12. Learners may be withdrawn from the course if work is not submitted or no contact is made by the given end date. Any costs associated with re registration and certification after the given time are required to be met by the learner.
13. Any completion date extensions must be agreed with the Centre Manager and allocated Assessor. 
14. Learners enrolled on CPD or short courses are not expected to be on programme for more than 12 months maximum and will automatically be withdrawn from the course after this period of time. 
15. Additional information on registering with NDNA on regulated courses is available in our ‘Learner registration and withdrawal policy’ (see 5.5).

Withdrawal of learner

1. We may suspend, cancel or edit your account and / or access to our website if there is evidence to suggest you are not meeting the Terms. This can be done at any time, in our sole discretion and with or without notice to you.  
2. You may cancel your own account.  
3. If you need to withdraw from a paid regulated course or cancel your registration with an awarding body, the awarding body may credit the certification and registration costs if cancellation is made within an allocated time from registration. It is to the discretion of the Centre Manager if those registration and certification costs can be refunded to the learner. This will take into account but is not limited to:  
   • 3.1 Duration on course 
   • 3.2 Progression through course  
   • 3.3 Time accessing course materials  
   • 3.4 Any communication between you and us prior to and during study.  
4. NDNA products including administration costs are non-refundable. This includes regulated and non-regulated courses.  
5. The ‘Learner registration and withdrawal policy’ is available on request. This policy is also included in the Learner Handbook of all of our regulated ‘Main’ qualification courses. The ‘Learner registration and withdrawal policy’ covers change of name policy, learner number, awarding body registration procedure, collection and use of learner data, withdrawal from course procedure and replacement certificates. 

Withdrawal of product

1. We may have to withdraw from delivering any regulated qualification due to, but not limited to, the following reasons:
   • 1.1 a material change in governance structure or legal status 
   • 1.2 cease to operate/ Centre closure  
   • 1.3 staffing changes which result in not being able to meet the minimum requirements  
   • 1.4 change of business  
   • 1.5 qualifications no longer suitable for Centre delivery 
   • 1.6 qualification removal by awarding body.
2. In any instance where we need to withdraw from delivering a product our ‘Withdrawal of product’ policy will be followed. This includes but is not limited to:
   • 2.1 having a duty of care for learners who are currently studying and have not yet achieved certification.
   • 2.2 making clear the arrangements in place for the suitable, correct and safe storage of; passing on of, or deletion of learner details, assessments and certification records.
   • 2.3 providing clear and accurate information about the withdrawal to Learners, Users and stakeholders who are likely to be affected by the withdrawal.

Confidentiality – please see Privacy notice

In addition to the standard privacy notice the following will also apply.

1. Evaluation, feedback, comments, questions and assignment work examples may be used within our marketing material. You are given the opportunity to choose whether your name can be included in full, partially, or anonymously. 
2. Any information that you upload or submit must comply with these Terms and any written work, documents, assignments or any other content including photographs must not:
   • 2.1 identify any person by full name such as a child, family/ carer or member of staff
   • 2.2 identify another setting other than your own
   • 2.3 breach any confidentiality procedures of your own setting
   • 2.4 include photos where children can be identified – this includes displays or personal name tags
   • 2.5 disclose personal information about a third party
   • 2.6 infringe any right of privacy or data protection
   • 2.7 breach any child protection or safeguarding legislation
   • 2.8 discriminate against any person
   • 2.9 be fraudulent, untrue, inaccurate, false or misleading.

Complaints and appeals

The complaints and appeals policy can be found in the NDNA Training Centre
Policies that are available to all learners on regulated courses.

Groups and cohorts

• All terms and conditions apply where groups of nurseries, settings or learner cohorts have registered for one off or continuous training provided by NDNA.  
• In addition to these Terms, NDNA will agree a training contract to agree payment, services provided and expectations from all parties and any agreed bespoke training opportunities. 

See our Customer Charter, Privacy Notice and Code of Conduct for Members.