Nakayoshikai Nanny Service Terms of Use
Last Updated: 20th February 2025
You as a user of Nakayoshikai’s nanny referral services (the “Services”) agree to these terms and conditions (“T&Cs”) with Nakayoshikai whose registered office is at Suite 4845 Unit 3A, 34-35 Hatton Garden, Holborn, London EC1N 8DX and registered with the Charity Commission (Charity Registration Number: 1212136).
These T&Cs are effective as of 20th February 2025 and they are amended from time to time and made available on Nakayoshikai’s website.
Definitions
Activities: activities that the Nanny directly contracts with the Family to carry out in the premises agreed between You and the Nanny.
Nanny: a person providing Activities based on the contract with You.
Privacy and Data Protection Laws: all applicable privacy and data protection laws as they pertaining to the Services and Activities.
1. Services
1.1. Nakayoshikai shall, where available facilitate the introduction of a Nanny to You based on Your needs and requests. Nakayoshikai shall introduce a Nanny per child.
1.2. Nakayoshikai cannot guarantee that the information concerning the Nanny which has been made available to Nakayoshikai is accurate or complete. The final responsibility for any decision to engage a Nanny rests with You, who is therefore strongly advised to check details, documentation (including right to work documentation) and references personally.
1.3. You and the Nanny enter into an agreement for Nanny’s provision of the Activities and Nakayoshikai shall not be party to such agreement.
2. Nakayoshikai’s Obligations
2.1. Nakayoshikai shall carry out Disclosure and Barring Service (“DBS”) checks, provide first aid training.
2.2. Nakayoshikai will use its reasonable endeavours to carry out certain other checks (as may from time to time be specified by it in these T&Cs) on Nannies who register with Nakayoshikai.
3. Users’ Obligations
3.1. You are responsible at all times for Your choice to engage a Nanny introduced by Nakayoshikai and to verify whether the Nanny is suitable for the Activities.
3.2. You are responsible for the payments for the Activities you directly engage with Your chosen Nanny.
4. Privacy and Data Protection
The parties acknowledge that, for the purposes of the Data Protection Laws, each party shall be considered to be a data controller with respect to personal data processed in connection with these T&Cs and comply with the obligations imposed on them by the Data Protection Laws.
5. Changes to the T&Cs
Nakayoshikai reserves the right to change or modify these T&Cs at any time without notice to You. Nakayoshikai may at any time revise these T&Cs by updating this posting. You are responsible for regularly reviewing these T&Cs. Any changes or revisions are effective immediately upon posting. Continued use of the Services following any such changes constitutes Your acceptance of such changes.
6. Termination
Nakayoshikai may terminate or restrict your access to the Services for any reason at any time.
7. Disclaimer of Damages and Limitation of Liability
7.1. Nakayoshikai is not liable for the conducting of the Activities by the Nanny.
7.2. Nakayoshikai is not liable for any damage as a consequence of Nanny and/or User providing incorrect and/or incomplete information relating to Activities.
7.3. The Nanny and/or Family indemnifies Nakayoshikai against all third party claims for which Nakayoshikai is not directly liable.
7.4. IN NO EVENT SHALL NAKAYOSHIKAI BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE THE SERVICE, OFFERS OR ITS CONTENT, EVEN IF NAKAYOSHIKAI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL NAKAYOSHIKAI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE POUND (£1) (WHICHEVER IS LESS), FOR THE USE OF THE SERVICES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS NAKAYOSHIKAI'S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR NAKAYOSHIKAI TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
8. Governing Law
These T&Cs shall be construed, interpreted and performed exclusively according to the laws of England, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these T&Cs shall be filed only in English courts. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Services.