Please read all these Terms and Conditions.
These Terms and Conditions govern access to and use of the Hooty Platform ("Platform"). By registering for an account or accessing the platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the platform.
The Company provides a cloud-based early years management software platform known as "Hooty" (the "Platform")
The services are provided as a Software-as-a-service (SaaS) solution accessible via web browser and any authorised application interfaces.
Access to features is dependant on the subscription plan selected by the customer (e.g essential or premium) as described on the website at the time of purchase.
The customer is granted a non-exclusive non-transferable, revocable licence to access the use of the Hooty Platform during the subscription term.
The platform is provided on a continuous basis subject to scheduled maintenance, updates, and circumstance outside our reasonable control.
We may update, modify, improve or enhance the platform from time to time. Such updates may include security improvements, feature enhancements, regulatory updates or user experience improvements. Where such change materially affects functionality, reasonable notice will be provided.
The platform provides administrative tools only and does not constitute legal, safeguarding, medical or regulatory advice. The customer remains solely responsible for compliance with applicable childcare laws and regulations.
The customer is responsible for:
The customer is the data controller of all personal data entered into the platform. ER FIRST AID LIMITED acts as data processor in accordance with the data processing agreement. The customer is solely responsible for ensuring that all data uploaded to the platform is lawfully obtained and processed, including obtaining appropriate parental consents and meeting safeguarding obligations.
The customer remains responsible for the accuracy, quality, integrity and legality of customer data.
When registering to use the platform you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. The customer is responsible for all activities carried out under its account, whether authorised or not, unless caused by the Companies breach of security obligations.
We retain and use all information strictly under the Privacy Policy.
The company reserves the right to suspend or restrict your access to the platform where it reasonable believes:
The information on the website does not constitute a binding offer. A legally binding contract is formed when:
By registering for the platform, the customer confirms that:
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
The customer is entitles to a 14-day free trial. Unless cancelled before the date of expiry of the trial period, the subscription will automatically convert to a paid monthly subscription.
Subscriptions renew automatically on a monthly basis unless terminated in accordance with these terms.
The customer shall pay the subscription fees applicable to the selected plan as published on the website at the time of registration or as otherwise agreed in writing.
Where a 14 day free trial is offered, no subscription fee will be charged during the trial period unless cancelled before expiry of the trial period, the subscription will automatically convert to a paid monthly subscription.
subscriptions are billed monthly in advance and renew automatically on a recurring monthly basis unless cancelled in accordance with there terms.
payment must be made by valid credit card or debit card through our authorised payment provider (currently stripe). By providing the payment details the customer authorises us and our payment provider to charge the applicable subscription fees on a recurring basis.
All fees are inclusive of VAT where applicable unless otherwise stated.
If a payment cannot be collected we may suspend access to the platform until payment is successfully processed. Continued failure to pay may result in termination of the subscription.
We may update subscription pricing from time to time. Any changes will take effect at the next renewal period following reasonable notice to the customer.
We do not store or process payment card information directly. All payment processing is handled by our third party payment provider with their security standards.
All intellectual property rights in and to the platform including software, source code, design, structure, documentation, branding and all related materials are and shall remain the exclusive property of ER FIRST AID LIMITED (trading as Hooty)
subject to payment of the applicable subscription fees and compliance with these terms, we grant the customer a limited, non-sublicense license to access and use the platform during the subscription term for its internal business purposes only.
The customer shall not: copy, modify, or create derivative works of the platform; reverse engineer, decompile, disassemble or attempt to extract source code; resell, sub-lisence or provide access to the platform to third parties; Use the platform to build a competing product
all data entered into the platform by the customer remains the property of the customer. We claim no ownership rights over customer data.
customers may cancel during the 14 day free trial without charge.
after the free trial, subscriptions renew monthly and may be cancelled at any time via account settings.
Effects of cancellation:
The company shall use reasonable care and skill in providing access to the platform.
The company does not warrant that:
The company will take commercially reasonable steps to maintain the security, integrity and availability of the Platform.
the contract shall commence on the date the customers subscription is activated and shall continue for the initial subscription period selected at registration ("initial term") following the initial term the subscription shall automatically renew on a rolling monthly basis unless terminated in accordance with these terms.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or is subject to any step towards its bankruptcy or liquidation.
Upon termination: access to the platform will cease; all licenses granted under this agreement shall terminate; the customer may export all its data for a period of 30 days following termination; after this period, the company may securely delete customer data in accordance with its retention policies; termination shall not affect accrued rights, payment obligations or liability provisions.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy.
ER FIRST AID LIMITED acts as data controller in relation to account management, billing and website analytics data.
ER FIRST AID LIMITED acts as data processor in respects of customer data.
Processing of customer data is governed by the data processing agreement incorporated into these terms.
Customer data may be processed in the United States. where international transfers occur, appropriate safeguards are implemented, including the UK extension to the EU-US data privacy framework and/or standard contractual clauses as applicable.
For any enquiries or complaints regarding data privacy, you can e-mail: support@hootyowl.co.uk.
Nothing in this agreement excludes or limits liability for:
The company shall not be liable for:
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: Complaints received to support@hootowl.co.uk will be investigated and responses issued within 30 days.