Terms and Conditions for use of the nurserymilk.co.uk website

1. Definitions and interpretation

1.1 The following terms are defined:

1. “We”, “us” and “our” means the Nursery Milk Reimbursement Unit (“NMRU”), which is administered on behalf of the Department of Health and Social Care by Wider Plan Ltd. Wider Plan is a company registered in England with company registration number 5207145, registered address 11 – 16 Chestnut Court, Jill Lane, Sambourne, B96 6EW.
2. “The Nursery Milk Scheme” means the scheme allowing the reimbursement of the cost of milk for eligible children under 5 years which we operate on behalf of the Department of Health and Social Care.
3. “You” and “your” means the user who is entering into this agreement in order to access the Nursery Milk Scheme.

1.2 The headings to clauses are for convenience only and shall not affect the construction or interpretation of these terms.

1.3 Unless otherwise stated,

1. The singular includes the plural and vice versa;
2. The words “includes” and “including”, and variations thereof, are each without limitation.

2. Security

2.1 You are responsible for safeguarding your login details. You must contact us immediately if you believe that your account has been compromised or if you believe that the security of youraccount is at risk.

2.2 Any actions which take place in your account as a result of you failing to safeguard your login details will be deemed to be your responsibility.

2.3 While we take all reasonable precautions to ensure the security of the site and to protect your personal data, the nature of online systems means that it is not possible to completely guarantee security.

2.4 In the event of the site being subject to a criminal attack, we will not be liable for any unauthorised access to your data which may arise.

3. Use of the website

3.1 Should you be provided with an online account, this is solely for your personal use.

3.2 Use of the website should be for lawful purposes only. The site must not be used to:

1. Collect or distribute any personal data about other users.
2. Participate in any fraudulent activities.
3. Copy or exploit the service, products or software for any personal or commercial purpose.

3.3 You must not attempt to interfere with the workings of our site in any way.

3.4 You must not attempt to bypass any security measures which we may use to restrict or prevent access to the site.

3.5 You must not use any scraper, robot, spider or any other automated means to access our site for any purpose.

3.6 All information and images on the site are the property of the NMRU or of third parties. You must not copy or alter any of the site content without permission.

4. Accuracy of information

4.1 Any information that you provide to us during registration or during your ongoing use of the site must be current and accurate. If you supply any incorrect or inaccurate information this may affect your entitlement to reimbursement under the Nursery Milk Scheme.

5. Communications

5.1 Any notices from us to you shall either be displayed in your online account or emailed to you at the email address which is linked to your account or posted to you at the correspondence address shown in your online account.

5.2 It is your responsibility to provide us with a valid email address and to notify us should that email account ever become invalid.

5.3 It is your responsibility to access and read any account notifications which we send to your specified email address and we are not responsible for your failure to do so for any reason.

5.4 You are responsible for ensuring that emails sent by us to your email address are not quarantined or labelled as spam by your email software.

6. Links to external websites

6.1 Links contained in nurserymilk.co.uk may lead to other websites which are not under our control. We are not responsible for the content of any linked site.

6.2 Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content of third party websites.

6.3 We cannot guarantee that external links will work all of the time and we have no control over the availability of the linked pages.

7. Our rights

7.1 We reserve the right to modify the site at any time and we are under no obligation to notify you of these changes.

7.2 We reserve the right to suspend your account if it has been inactive for twelve months or more. By inactive, we mean the account has not been accessed and there is no active claim in place.

7.3 We reserve the right to remove your access to your online account if your linked childcare setting ceases to use this service.

8. Our liability

8.1 Your use of the site is entirely at your own risk.

8.2 We shall bear no liability for any aspect of a third party’s service. Use of a third party’s services is done entirely at your own risk.

8.3 We will use reasonable endeavours to ensure that our service runs smoothly. However, we do not warrant that your use of this site will always be uninterrupted or error free.

8.4 We shall bear no liability for any computer or internet failures that you experience while using the site.

8.5 While we take all reasonable precautions, we cannot guarantee that the site or its server is free of viruses and we will not be liable for any software damage or data loss resulting from your use of the site.

8.6 In no event will we be liable for any loss or damage including without limitation indirect or consequential loss arising out of or in connection with the use of nurserymilk.co.uk.

9. Data protection

9.1 Data protection terminology used in this agreement should be interpreted as having the same meaning as in the prevailing Data Protection Act and the General Data Protection Regulations.

9.2 Wider Plan is registered with the Information Commissioner’s Office as a Data Controller but is operating the NMRU as a Data Processor appointed by the Department of Health and Social Care.

9.3 The Department of Health and Social Care is acting as Data Controller for the limited purpose of providing you with access to the Nursery Milk Scheme in line with government legislation.

9.4 These Terms and Conditions should be read in conjunction with our Privacy Policy, which is available online at www.nurserymilk.co.uk and which provides the details of how we lawfully, fairly and transparently process your personal data in respect of the Nursery Milk Scheme.

10. Sanctions and termination

10.1 We reserve the right to deny you access to the site without prior notification if we feel that there is a legitimate reason, including without limitation:

• any misuse of our services or website, or
• any violation of these terms, or
• any suspected breach of security, or
• any suspected criminal activity.

10.2 We shall co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone involved in suspected criminal activity.

11. Linking to nurserymilk.co.uk

11.1 We do not object to you linking directly to the information that is hosted on our site.

11.2 We do not permit our pages to be loaded into frames on your site; nurserymilk.co.uk pages must load into the user’s entire window.

11.3 We reserve the right to move or change our website URLs at any time and for any reason. External websites link to the Nursery Milk Scheme website at their own risk.

12. Intellectual property

12.1 The names, images and logos identifying nurserymilk.co.uk are proprietary marks of the Department of Health and Social Care.

13. Disclaimer

13.1 The nurserymilk.co.uk website and material is provided without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security and accuracy.

14. Complaints and feedback

14.1 We welcome all feedback and suggestions. Should you wish to provide feedback or to raise a complaint, please contact us by email at info@nurserymilk.co.uk.

15. Changes to these terms and conditions

15.1 We reserve the right to amend these terms and conditions at any time without notice. Your continued use of the site will signify your agreement to the amended terms and conditions as displayed online at the time.

16. Force Majeure

16.1 Neither party shall be liable for any breach of these terms and conditions caused by circumstances beyond their reasonable control, including without limitation:

1. Act of God, explosion, flood, tempest, fire or accident;
2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.

17. Governing law and jurisdiction

17.1 These terms, including the privacy policy, shall be governed and construed in accordance with English law, and the English courts shall have exclusive jurisdiction to determine the interpretation and application of these conditions if any disputes arise.

17.2 If the English courts find any provision of these terms to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions will not be affected.