In these Tested by Tots Terms and Conditions, “Tested by Tots” means Tested by Tots LTD Company number 13281693 of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. “Applicant” means the person who applies to have their property accredited by Tested by Tots and the “Property” means the accommodation.

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This “Agreement” shall include these Terms and Conditions, the Application Form, Code of Conduct and Privacy Notice.

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Term and Payment

1. The Applicant is required to pay a fee and, and agrees that the Fees, however payable, whether made in one payment or by direct debit, are non-refundable by Tested by Tots, and relate to and are payable for the Tested by Tots accreditation programme, services and benefits that the Applicant and Property receive throughout the applicable participation year.

2. The Tested by Tots accreditation programme year opens on the 1st of every month and closes 14 days later. Applications received outside this period will be moved to the following month. Renewal dates for applicants will be confirmed by Tested by Tots on receipt of the application.

3.   All Fees are payable within 14 days. Tested by Tots shall be entitled to charge interest on any overdue sum from the date when payment is due until the date of actual payment (as well after as before judgement) at a rate per annum of 4% above the base rate from time to time of Barclays Bank Plc. Such interest shall accrue from day to day and shall be paid subject to any withholding tax.

                                                                  

Services

4.   Once Tested by Tots has received the non-refundable fee, Tested by Tots will complete an assessment of the Property. Tested by Tots will contact the applicant by phone, to discuss the process, assign a Case Officer to support the applicant’s online assessment and complete either an overnight or daytime assessment of the Property, if applicable.

5.   The Applicant agrees that the Property will be spot checked annually or on a regular basis, as agreed with Tested by Tots, for the purpose of awarding or re-awarding a Tested by Tots award.

6.   Tested by Tots will award ‘child safe’, ‘child friendly’ or ‘highly recommended’ Tested by Tots awards if the Property meets or exceeds the Tested by Tots accreditation metrics.

7.    The Applicant undertakes to comply with the relevant Tested by Tots operating guidelines.

8.    Upon confirmation of a Tested by Tots accreditation award, the Applicant will become eligible to display the relevant Tested by Tots accreditation award window sticker at the Property itself, use the digital Tested by Tots accreditation award logo, and send out the Tested by Tots approval pack to prospective guests as well as use this on their website.

9.    The Applicant warrants that any information provided by itself, its agents or representative to Tested by Tots in relation to or in connection with the Property is accurate and that it will notify Tested by Tots promptly of any changes to such information.

10.   The Applicant gives permission to Tested by Tots to enter the Property with 48 hours’ notice and create photographs of the Property. The copyright and all other intellectual property rights, title and interest in and in respect of such photographs shall vest in Tested by Tots.

 

General

11.    In the event of complaints made to Tested by Tots about a Property, the Applicant will allow access to authorised representatives of Tested by Tots for the purposes of investigating the complaint.

12.   Tested by Tots may amend or withdraw any Tested by Tots accreditation or award from a Property at any time. Notice will be provided to the Applicant in writing.

13.   In the event that Tested by Tots amend or withdraw a Tested by Tots accreditation award from a Property, the Applicant will ensure that this is promptly and accurately reflected on any printed or electronic media and on Tested by Tots window stickers at the Property itself.

14.   Tested by Tots may terminate the Agreement at any time by giving at least 30 days’ notice in writing to the Applicant.

15.   On termination of participation, however caused, the Applicant shall immediately, and no later than within 28 days, at the Applicant’s own expense, remove all references to the Tested by Tots accreditation or award from all printed and electronic media, including websites promoting the Property and all other media channels utilised by the Applicant to promote the Property, and remove all window stickers displaying the Tested by Tots logo (the “Materials”) from the Property itself and return these to the Tested by Tots office: 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. If, after 28 days following termination of the Tested by Tots recognition for the Property, the Applicant has not complied with its obligations to removal of signage, the Applicant shall allow the employees, agents or representatives of Tested by Tots such access as they require to the Property to remove all signs displaying the Tested by Tots logo displayed at the Property. The Applicant shall pay to Tested by Tots all costs and expenses thereby incurred.

16.   If a Property is to be sold and the new owner does not wish to continue participation in the Tested by Tots accreditation program, or if the method of operation is to be changed, the accreditation awards cannot be transferred. The Tested by Tots accreditation awards will be withdrawn and participation will be terminated immediately. 

17.   If a Property is to be sold as a going concern and the method of operation will not change, the accreditation award may be continued under the following circumstances:

a. The outgoing Applicant has made all payments due to date for the current participation year. If payment is made by direct debit, this should remain active until the change of ownership process is complete; and

b. The outgoing Applicant provides Tested by Tots with forwarding details for themselves, along with full contact details for the incoming owners and the expected completion/transfer date; and

c.  The incoming owners apply and pay for participation in the Tested by Tots accreditation program within 28 days of the completion/transfer date.

 

18.   Any Applicant or Property disqualified from the Tested by Tots accreditation program for whatever reason will not be allowed to re-join for a minimum period of one year from the date of disqualification. Re-application at an earlier stage may be considered by Tested by Tots where it is felt special circumstances apply. In all cases acceptance of reapplication will be at the sole discretion of Tested by Tots. Application to re-join the scheme will always incur an additional fee. If disqualification was on the basis of quality or the level of complaints, then it must be demonstrated that the areas of concern have been addressed. This may be done in the form of an advisory visit by a Tested by Tots Case Officer, for which an additional charge is likely to be made.

19.   The Applicant shall have in place adequate procedures designed to prevent any person working for or engaged by the Applicant, or any other third party in any way connected to this Agreement, from engaging in any activity, practice or conduct which would infringe any anti-bribery and anti-corruption laws, regulations and codes, including but not limited to the Bribery Act 2010, as may be amended or replaced from time to time. Breach of this Clause shall entitle Tested by Tots to terminate this agreement by written notice with immediate effect.

20.   Any Material or equipment provided by Tested by Tots to the Applicant for the performance of the Agreement will remain the property of Tested by Tots and all intellectual property rights in such Material will remain vested in Tested by Tots and the Applicant agrees that it shall return all such Material and equipment in good condition to Tested by Tots on demand or upon the termination or expiry of this Agreement.

21.   Except for Tested by Tots, no party may assign, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without the other party’s prior written consent.

22.  The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

23.  If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected and shall continue in full force and effect.

24.  No failure, delay or omission by Tested by Tots in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

25.  The Applicant shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with this Agreement.

26.  The Applicant shall indemnify, and keep indemnified, Tested by Tots from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by the Applicant as a result of or in connection with the Applicant’s breach of any of the Applicant’s obligations under this Agreement.

27.   The Applicant warrants that it is fully entitled and authorised to enter into this Agreement with Tested by Tots and, in particular, that any licence it grants to Tested by Tots does not infringe any third party rights. The Applicant hereby agrees to indemnify Tested by Tots against all losses, costs, expenses, damages or claims resulting from the Applicant’s breach of these terms and conditions or of any warranty given hereunder by the Applicant.

28.   The Applicant hereby grants to Tested by Tots the right to use and to allow other relevant people to use all data and information including photographs that are provided by the Applicant for all relevant purposes and media under this Agreement. The Applicant warrants that they are entitled to grant these rights.

29.   Without prejudice to clause 30 and subject to clause 31 below Tested by Tots liability to the Applicant hereunder with regard to any claim or series of connected claims, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall be limited to the amount of the Fees paid by the Applicant to Tested by Tots with respect to the Property concerned for the period during which the incident or series of connected incidents giving rise to liability occurred.

30.   In no circumstances shall Tested by Tots be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, howsoever caused, i) for any increased costs or expenses or ii) for any loss of profit, business, contracts, revenues or anticipated savings or iii) for any special, indirect or consequential damage of any nature whatsoever.

31.   Nothing in these Terms and Conditions shall, or shall be deemed to exclude Tested by Tots liability for death or personal injury resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977.

32.   The Applicant shall keep confidential all confidential information of Tested by Tots and of any of its agents and shall only use the confidential information as required to perform the Agreement.

33.   If there is a conflict between the terms contained in the Application Form, these Terms and Conditions or guidelines, the terms of these Terms and Conditions shall prevail.

34.   This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with the Agreement.