These terms and conditions govern your access to, downloading and use of the entire contents of www.mytamarin.com (“Home Website”) owned and operated by Tamarin Group LTD (“Tamarin Group”, “us”, “we”, “our”) as well as any forms, surveys or questionnaires sent or otherwise supplied to you by us (“Other Web Sites”) (combined “Websites”).
The Websites are not intended for the use of minors. By continuing to use this Websites you represent and warrant that you are over the age of 18.
All content included on the Websites, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, questionnaires, surveys, algorithms, and page layout (“Web Content”) is the property of Tamarin Group. By continuing to use the Websites you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Websites or any of the Web Content. You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Websites except to the extent allowed by law,
This Website may contain links to other sites which are not under the control of Tamarin Group or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
While Tamarin Group endeavours to ensure that the Websites are normally available 24 hours a day, we shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
Tamarin Group may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.
Your privacy and information you give us
Information you give us, whether by filling in a form or by emailing or calling us, may be kept on file by Tamarin Group. This might include personal information such as your full postcode, email address, the names and ages of your children, and your phone number. By filling out a form on this Website, or by giving us this information in any other form, you consent to our keeping this data on record for the purpose of helping you find a childcare match. In turn, we will use industry best practices to keep your personal data safe and secure. We will not disclose any identifying personal data to anyone else without asking you first.
In order to facilitate the childcare matching process, we might share an anonymised version of your personal data with childcare professionals. If you do not wish us to do this, you should not use this service.
If you tell us that you no longer need our service, we will keep your data on our database anyway, as we may be able to help you in future, and for further scientific research on (personality-based) childcare matchmaking. If you have given us data and want it to be deleted and never shared with anyone else, please just tell us and we will do so.
Other than personally identifiable information, any material such as reviews or ratings which you transmit or post to the Websites (“User Content”) shall be considered non-confidential and non-proprietary. Tamarin Group shall have no obligations with respect to such material. You are solely responsible for such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from the Websites any material:
Furthermore, you shall not:
“Agency” means Tamarin Group. For the purposes of these terms and conditions, Tamarin Group is operating as an employment agency and will therefore have no authority or responsibility to enter into a contract with a Candidate on behalf of a Client.
“Candidate” means any child carer who is introduced (whether orally or in writing or electronically) to a Client by the Agency.
“Commencement Date” means the date upon which an Engagement commences
“Client” means any person (including any firm or corporate body) to whom a Candidate is introduced.
“Engagement” means the Client engaging, or otherwise using Candidate’s services or help.
These Terms and Conditions constitute the entire agreement between the Agency and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of the Client:
The Client shall notify the Agency immediately of any Engagement with any Candidate. As a result of such Engagement, Client agrees to pay the Agency a fee as set out on the Website. In addition, VAT may be charged.
The fee is payable as a percent of payment from Client to Candidate, currently set at 5%, subject to any occasional offers and discounts offered by the Agency. The fee is payable weekly, at the same time as the payment is made to the Candidate and for the full duration of the Engagement, and any subsequent engagements within 48 months from the introduction.
For the avoidance of doubt, the percent fee is calculated based on the total (gross) salary amount paid to the Candidate.
It is the Client’s obligation to immediately inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification the Agency is entitled to assume that it effected the introduction and the relevant Fee will be payable.
If the Client or a member of the Client household or staff, or any associate of the Client passes on the details of a Candidate to any other person within 48 months of the introduction to the Client by the Agency, and the third party subsequently engages the Candidate’s services, the Client is liable for the fee in accordance with the fee structure in place then.
The Client is liable to pay the salary, and any employment costs such as National Insurance, and any PAYE amounts requited to be paid to or in respect of the Engagement of the Candidate.
The Client shall not be liable to pay employment costs if engaging a self-employed Candidate, thus agreeing a salary on “gross” terms.
The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role and check that Candidates are willing to work in the position which the Client seeks to fill.
The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided, but does not does not offer any warranty as to the suitability, honesty, character or capability of any Candidate.
The Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information provided by the Candidates or other third parties is accurate.
The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary.
While the Agency will endeavour to meet the requirements of the Client it is under no obligation to ensure that the Client is introduced to any Candidates.
The Agency holds no responsibility for the employment contract between the Client and the Candidate, which is solely a matter to be arranged between the Client and the Candidate.
The Agency cannot guarantee that a Candidate will complete a specific period of Engagement, and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. However, the Agency will use best efforts to find a suitable replacement,
The Agency shall endeavour to introduce Candidates who are suitable for the Client’s requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency shall not be liable for any costs, damage, losses (including loss of earnings), injury (unless due to the Agency’s negligence) or misconduct related to the introduction of the Candidate to the Client or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate. In no circumstances shall the Agency have any liability to the Client beyond the value of the fees paid. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
All information provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency).
The Data Protection Act 1998 (the “Data Protection Act”) regulates the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) (as defined in the Data Protection Act) which relates to it by the Agency in accordance with the provisions of the Data Protection Act.
If any disputes or disagreements arise between Candidates and Clients relating to the services provided by Candidates or payments made by or due from Client, the Candidates and the Clients are responsible for resolving any such disputes directly with each other. The Agency shall not be a party to any such dispute and is not obliged to take any action toward resolving the dispute.
These Terms and Conditions (including both Section A and Section B) and the relationship between you and Tamarin Group shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.