1. INTRODUCTION

1.1 OOSCCA Ltd (referred to hereinafter as “OOSCCA”, “we”, “our”, “us”) is private limited company established in England & Wales with a registered office at 259 Sheepcot Lane, Watford, Hertfordshire, WD25 7DJ and registered company number 15566374

1.2 OOSCCA provides:

(a) an online marketplace (and any additional OOSCCA-owned or licensed technology which relates to the online marketplace) (the “OOSCCA Platform”), which allows parents, guardians and other individuals (“Care Seekers”, “you”, “your”) to instantly book, request to book (if not instantly available), reschedule, check the availability of certain clubs, classes, activities, childcare and services aimed at children and send enquiries relating to such activities and services (the “Children's Activities”, and providers of those activities shall be the “Providers”); and

(b) services which relate to the OOSCCA Platform (the “Services”). Please note that our Services continue to grow and change. Please refer to the OOSCCA Platform for further information about the Services we provide.

1.3 This agreement (“OOSCCA Care Seeker EULA”) constitutes the agreement between you and OOSCCA with regards to your use of the OOSCCA Platform and the Services, regardless of the manner in which you access or use the OOSCCA Platform and the Services.

2. ACCEPTING THIS AGREEMENT

2.1 Please read the terms of this OOSCCA Care Seeker EULA carefully. This OOSCCA Care Seeker EULA constitutes a written contract between you and OOSCCA and it affects your legal rights and obligations. Each time you access and/or use the OOSCCA Platform or Services, you agree to be bound by and to comply with this OOSCCA Care Seeker EULA. Do not use the OOSCCA Platform if you do not agree to all of the terms of this OOSCCA Care Seeker EULA.

3. PRIVACY

3.1 We process information about you in accordance with our Privacy Policy. By using the OOSCCA Platform, you agree to such processing.

4. DESCRIPTION OF SERVICES

4.1 The OOSCCA Platform enables Care Seekers to book Children's Activities with certain Providers, view the dates and times of their confirmed Children's Activities bookings and cancel any requested or confirmed Children's Activities bookings on a booking interface. OOSCCA transmits booking requests made by a Care Seeker via the OOSCCA Platform to the relevant Provider, and the Provider may confirm or reject such booking in the Provider's sole discretion (which OOSCCA or the Provider will communicate to the Care Seeker, as set out in Section 4.2 below).

4.2 Provider will communicate its decision regarding the requested booking to the relevant Care Seeker via the OOSCCA Platform, SMS (text) message (to the number which the Care Seeker provides to OOSCCA when creating their account on the OOSCCA Platform (“Account”)), or by another similar form of communication such as email and/or push notifications if applicable from time to time. In addition, Care Seekers will be able to view their requested, confirmed and cancelled bookings on the Account-specific calendar page on the OOSCCA Platform. The calendar page may also display additional information from the Provider in relation to a particular booking, such as the reason for any cancellation, at the sole discretion of the Provider.

4.3 Should you have to cancel a confirmed booking made via the OOSCCA Platform, or request a refund in relation to a booking made via the OOSCCA Platform, you shall comply with the relevant Provider's cancellation policy, although the terms of such cancellation policy shall not take precedence over this OOSCCA Care Seeker EULA.

5. LIMITATIONS OF THE SERVICES

5.1 OOSCCA does not introduce nor supply the Providers or Children’s Activities to Care Seekers, nor do we select or propose specific Providers for or to Care Seekers. Rather, OOSCCA offers an online marketplace that among other things enables Care Seekers to book Children’s Activities with their selected Provider and receive information about such bookings, and enables Providers to provide details of available Children’s Activities to Care Seekers. Any agreement between you and a Provider regarding the provision of Children’s Activities and payment for such Children’s Activities is solely between you and the Provider in question, and OOSCCA is not a party to any such agreement.

5.2 Through the OOSCCA Platform, Providers may post the following information (as applicable): room names, capacity, staff ratio, the services they provide; the availability of places at their facility; information relating to the child to whom the Children’s Activity booking relates; the eligibility or qualification of the Providers (including their personnel) to provide such services; pictures of their premises; prices and payment terms; information on availability of the Children’s Activity; terms relating to booking and cancellation; any other commercial terms which are to form part of the agreement entered into between Provider and Care Seeker (“Supply Agreement”); certain categories of personal data, as described in the OOSCCA DPA; and any other related information].

5.3 Care Seekers may submit certain information to the OOSCCA Platform in the course of using the OOSCCA Platform, including certain categories of personal data described in the OOSCCA DPA.

5.4 Any information made available on the OOSCCA Platform or through the Services, but not directly by OOSCCA, is the information of the relevant user and such user is solely responsible for such information. OOSCCA does not: (i) guarantee or verify the accuracy, completeness, or usefulness of any information on the OOSCCA Platform or available through the Services or any other venue, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the OOSCCA Platform or through the Services or any other venue. In particular, we do not verify the authenticity or completeness of any qualification which any Provider may claim to have. To the extent permitted by applicable law, under no circumstances will OOSCCA (or any of its officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) be responsible for any loss or damage resulting from your reliance on information or other content posted on the OOSCCA Platform or transmitted to or by any user of the OOSCCA Platform or Service or any other venue.

5.5 Further, we do not have control over the quality, timing, or legality of the services actually delivered by any Provider. Regardless of any other provision of this OOSCCA Care Seeker EULA, we do not make any warranty or representations about the suitability, reliability, timeliness, or accuracy of the services provided by any Provider and accept no liability in that regard. In particular, we have no control over any Provider’s decision to cancel a confirmed booking and, regardless of any other provision of this OOSCCA Care Seeker EULA, we do not take any responsibility for such decisions or make any warranty or representations regarding the reliability of a confirmed booking.

5.6 OOSCCA is not responsible for the conduct, whether online or offline, of any user of the OOSCCA Platform or the Services. Regardless of any other provision of this OOSCCA Care Seeker EULA, OOSCCA does not make any warranty or representation regarding the integrity, responsibility or actions of any Provider, whether in public, private or offline interactions, and expressly disclaims any liability that may result from such actions.

6. USER RESPONSIBILITIES

6.1 As OOSCCA does not verify the identity or any information provided by Providers or other Care Seekers (as noted above in Section 5), including any feedback or ratings submitted by other Care Seekers in relation to the Providers. Care Seekers are solely responsible for selecting an appropriate Provider for themselves.

6.2 Whilst the OOSCCA Platform may contain information concerning the searches, qualifications, standards or checks undertaken by Providers (including registration with Ofsted, Ofsted ratings, valid DBS/PVG checks, first aid qualifications and applicable local authority searches) (the “Provider Credentials”), the Provider Credentials have not been verified independently by OOSCCA, and therefore OOSCCA recommends that you independently undertake separate verification in order to rely upon the Provider Credentials. To the extent permitted by applicable law, OOSCCA shall not be liable if you rely upon the Provider Credentials which are subsequently found to be untrue, inaccurate or invalid.

6.3 Where you have procured Children’s Activities from a Provider, to be delivered at a location which:

(a) is not the Provider’s own residence or premises; and

(b) has been chosen by yourself,

(including without limitation when the Provider is a babysitter or nanny who is delivering Children’s Activities at your place of residence or your holiday accommodation) (“Care Seeker Premises”), you acknowledge that you are responsible for the safety and wellbeing of the Provider when they are providing Children’s Activities at the Care Seeker Premises, and must provide a clean, safe and appropriate environment to enable the Provider to deliver the Children’s Activities in accordance with the Supply Agreement.

6.4 If you require a Provider, from whom you intend to book Children’s Activities, to have certain qualifications, or to have completed certain checks or searches, this should be communicated to the Provider when you request a Children’s Activities booking from them.

6.5 When interacting with Providers (including their personnel), whether in-person or via the OOSCCA Platform, you must treat them with respect, courtesy and politeness.

7. YOUR ACCOUNT

7.1 Creating your Account. To create an account, Care Seekers must provide their mobile phone number, email address and create a unique password, which they will then use to log in to the OOSCCA Platform ("User ID"). When creating an Account, each Care Seeker agrees to: (i) provide true, accurate, current and complete information as requested (together with User ID, the "Account Information") and (ii) promptly maintain and update such Account Information (as applicable) to keep it true, accurate, current and complete at all times. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account immediately with or without notice.

7.2 You shall be solely responsible for your Accounti.

(a) You, as the creator of your Account and Account Information, are solely responsible for your Account and Account Information. You are not permitted to upload offensive or obscene information to, or using your Account, as determined by us in our sole discretion. If an Account violates any part of this OOSCCA Care Seeker EULA, we may immediately, temporarily, or permanently ban such an Account or change the Account Information associated with such Account, with or without notice.

(b) Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse or use of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to your use of the OOSCCA Platform that is known to you. You agree to accept all risks of misuse of and unauthorised access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your Account Information, including, but not limited to, improper or unauthorised use by someone to whom you revealed your password.

7.3 Retrieving your Account. If you request to retrieve your Account when your access to the OOSCCA Platform is denied due to the loss of Account Information or forgotten password, you are required to provide certain information according to the account retrieval process which we in our sole discretion implement on the OOSCCA Platform, and to ensure that all such information is legitimate, truthful and valid. Your Account may not be retrieved if the information or documentation provided by you fails our security verification, and you are solely liable for any and all risks and losses arising therefrom.

8. PROVIDER SERVICES AND PAYMENT

8.1 These terms apply where you make use of any Services intended to facilitate engagement between Providers and Care Seekers, which are made available to you by us through or in connection with use of the OOSCCA Platform. This Section explains the steps involved when a Care Seeker and Provider enter into a Supply Agreement through the OOSCCA Platform. A Supply Agreement is a contract between a Provider and a Care Seeker for the supply of goods and/or services by the Provider and the purchase of those goods and/or services by the Care Seeker.

8.2 Listings by Providers are invitations for a Care Seeker to procure those goods and services, where that order may be accepted by the relevant Provider, in which case a Supply Agreement will arise between the Care Seeker and Provider incorporating the description and price of the goods and services, as listed on the OOSCCA Platform.

8.3 The Supply Agreement shall also incorporate any of the Provider's own terms and policies as notified by a Provider (including via OOSCCA or the OOSCCA Platform) to a Care Seeker from time to time ("Provider Documentation"), where the Care Seeker's order on the OOSCCA Platform with the relevant Provider has been accepted by that Provider. Care Seekers agree to be bound by, and to comply with, any of the Provider Documentation once its order has been accepted by that Provider.

8.4 To the extent that any other terms of the Supply Agreement are inconsistent with this OOSCCA Care Seeker EULA, the following order of precedence shall apply: (i) this OOSCCA Care Seeker EULA; (ii) other terms agreed between Care Seeker and Provider as part of the Supply Agreement (excluding the Provider Documentation); and (iii) the Provider Documentation.

8.5 You shall enter all Supply Agreements, and pay any monies due to Providers, through the OOSCCA Platform. The payment terms may provide that a deposit or other parts of the payment are to be paid immediately and/or that the whole or the balance of the payment is due to be paid to the Provider at a later date.

8.6 Fees apply to transactions made through the OOSCCA Platform ("Transaction Fees"). Any Transaction Fees (if any) due from you will be indicated to you through the OOSCCA Platform or otherwise by us at or before the time you enter into any transaction through the OOSCCA Platform.

8.7 Transaction Fees are subject to change at any time, by written notice from us provided that no such changes shall apply to any existing Supply Agreements.

8.8 You shall not take any steps to circumvent your payment obligations to the Providers or OOSCCA under this OOSCCA Care Seeker EULA or in relation to the OOSCCA Platform (including without limitation where you are procuring Children's Activities from a Provider outside of the OOSCCA Platform, having been introduced to that Provider via the OOSCCA Platform). Breach of this Section shall result in immediate termination of this OOSCCA Care Seeker EULA and access to the OOSCCA Platform.

9. YOUR USE OF THE OOSCCA PLATFORM

9.1 Access to and use of the OOSCCA Platform. You are responsible for making all arrangements necessary for you to have access to the OOSCCA Platform. You are also responsible for ensuring that all persons who access the OOSCCA Platform through your internet connection or your Account are aware of this OOSCCA Care Seeker EULA, and that they comply with this OOSCCA Care Seeker EULA. You are responsible for providing accurate, current and complete information whenever accessing or uploading information to the OOSCCA Platform and your Account, including without limitation in connection with any booking offered or made (as appropriate) using the OOSCCA Platform.

9.2 Licence grant to user. Subject to your compliance with this OOSCCA Care Seeker EULA, OOSCCA hereby grants to you a worldwide, revocable (in the circumstances set out in this OOSCCA Care Seeker EULA), royalty-free, non-assignable, non-sub-licensable, non-transferrable, and non-exclusive licence to use the OOSCCA Platform (the "OOSCCA Platform Licence"). The OOSCCA Platform Licence is granted to you for the sole purpose of enabling you to use and enjoy the OOSCCA Platform and the Services in accordance with this OOSCCA Care Seeker EULA. As set forth below, the OOSCCA Platform Licence does not provide you with title to or ownership of the OOSCCA Platform (or any component thereof or rights therein), but only a limited licence to use the OOSCCA Platform in accordance with this OOSCCA Care Seeker EULA and subject to the use restrictions described herein.

9.3 Licence grant by user. You have the right, and hereby grant to OOSCCA, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, reproduce, adapt, modify and distribute any information, images, videos, materials and content ("Care Seeker Materials") uploaded by you to the OOSCCA Platform and to prepare derivative works of, or incorporate into other works, such Care Seeker Materials, and to grant and authorise sublicenses of the foregoing. You further represent and warrant that use of such Care Seeker Materials by OOSCCA will not infringe or violate the rights of any third party.

9.4 Acceptable use restrictions. Your use of the OOSCCA Platform and the Services is subject to this OOSCCA Care Seeker EULA and applicable laws and regulations. You shall not:

(a) use the OOSCCA Platform and the Services if you are not fully able and legally competent to agree to this OOSCCA Care Seeker EULA;

(b) use the OOSCCA Platform and the Services unless in compliance with applicable laws and this OOSCCA Care Seeker EULA;

© hack (or attempt to hack), modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on the OOSCCA Platform (or any portion thereof), including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the OOSCCA Platform or any derivative works thereof;

(d) modify, adapt, import, copy, make derivative works of, distribute, transmit, publicly display, sublicense, sell, assign, lease, lend, rent, offer for sale or otherwise commercially exploit the OOSCCA Platform or any content made available on or from the OOSCCA Platform;

(e) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the OOSCCA Platform;

(f) infringe our intellectual property rights or those of any third party in relation to your use of the OOSCCA Platform or create software which mimics any data or functionality in the OOSCCA Platform;

(g) make the OOSCCA Platform or any part of it available to any third party (aside from fairly and honestly providing links to the OOSCCA Platform or showing it to other people) or otherwise display, publish, copy, print, post or otherwise use the OOSCCA Platform and the information contained therein for the benefit of any third party or website;

(h) in any way conduct yourself in a manner which is unlawful, gives rise to civil or criminal liability or might call us or the OOSCCA Platform into disrepute, or otherwise use the OOSCCA Platform or any part of it unfairly or for any illegal or immoral purpose;

(i) market, lease or rent the OOSCCA Platform (or any part thereof) for a fee or charge, or use the OOSCCA Platform to advertise or perform any commercial solicitation;

(j) interfere with or attempt to interfere with the proper functioning of the OOSCCA Platform (or any part thereof), disrupt any networks connected to the OOSCCA Platform (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the OOSCCA Platform (or any part thereof);

(k) use automated scripts to collect information from or interact with the OOSCCA Platform (or any part thereof) in any way;

(l) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us or the OOSCCA Platform;

(m) use the OOSCCA Platform (or any part thereof) and the Services in a manner that may create a conflict of interest or undermine the purposes of the OOSCCA Platform and the Services;

(n) collect or harvest any information or data from the OOSCCA Platform or our systems or attempt to decipher any transmissions to or from the servers; or

(o) use the OOSCCA Platform (or any part thereof) to upload, transmit, distribute, store or otherwise make available in any way:

(i) files that contain viruses or other material that is malicious or harmful;

(ii) defamatory, obscene, offensive, hateful or inflammatory material;

(iii) any content that would constitute or encourage a criminal offence; or

(iv) content that, in the sole judgment of OOSCCA, is objectionable or which restricts or inhibits any other person from using the OOSCCA Platform, or which may expose us or our users to any harm or liability of any type.

9.5 You understand, acknowledge, and agree that any violation of the foregoing provisions may in our sole discretion and judgment lead us to terminate our business relationship with you and/or may subject you to criminal liability and/or liability for damages, costs, expenses, or fees (including attorney's fees) incurred by OOSCCA in enforcing its rights against you under this OOSCCA Care Seeker EULA.

10. UPDATES TO THE OOSCCA PLATFORM; AVAILABILITY

10.1 We aim to update the OOSCCA Platform regularly, and may change the content at any time. We reserve the right to terminate or suspend your Account (including for, but not limited to, the reasons described at Sections 7 and 8 above), suspend access to the OOSCCA Platform, modify, adapt or update any service or content provided on the OOSCCA Platform, or close the OOSCCA Platform indefinitely, for any reason. We (or the Providers) may remove material from the OOSCCA Platform at our own discretion and without giving any notice. We do not promise to ensure that the OOSCCA Platform remains available or that the information and materials on the OOSCCA Platform are kept up to date.

10.2 As part of the OOSCCA Platform, you may be permitted to download certain digital content such as (without limitation) information about Providers, available Children's Activities from Providers and information about the dates and times of your accepted bookings ("OOSCCA Information"). We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the available quantity of any "OOSCCA Information" or to limit or prohibit their download or use.

11. LINKING

11.1 Linking to third party sites. The OOSCCA Platform may provide links to other websites operated by the Providers or third parties who are not related to, affiliated with or endorsed by OOSCCA. These links are provided for your information only. Provider and third party platforms are not governed by this OOSCCA Care Seeker EULA but by other agreements or policies that may differ from this OOSCCA Care Seeker EULA. In visiting any Provider or third party platforms, whether linked to on the OOSCCA Platform or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any Provider or third party platforms or any content in such platforms. We encourage you to review the terms of use of each Provider or third party platform visited before using those platforms.

11.2 Linking to the OOSCCA Platform. You may link to the OOSCCA Platform, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the OOSCCA Platform in any website that is not owned by you. The OOSCCA Platform must not be framed on any other website, nor may you create a link to any part of the OOSCCA Platform other than the home page. We reserve the right to withdraw linking permission without notice.

12. TERMINATION

12.1 If you have violated any term of this OOSCCA Care Seeker EULA, OOSCCA reserves the right, at its sole discretion, to immediately suspend or terminate your access to all or part of the OOSCCA Platform and to suspend or terminate your Account, with or without notice.

12.2 In any event, OOSCCA also reserves the right, in its sole discretion, to terminate your access to all or part of the OOSCCA Platform, and/or terminate your Account and/or any content posted by or about you, from the OOSCCA Platform, for any reason or no reason, with or without notice. If we terminate your Account, we have no obligation to notify you of the reason, if any, for your termination.

12.3 If your Account is suspected to be involved in illegal or improper activities (such as being hacked), you shall cooperate with (e.g., answer the questions truthfully) the relevant personnel designated by us to solve the issue. You further acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account and take remedial measures. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your Account.

12.4 In the event that your access to all or part of the OOSCCA Platform is terminated, any benefits or incentives provided by OOSCCA to you, in relation to the OOSCCA Platform, will no longer be valid.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the OOSCCA Platform content, software and all HTML and other code contained in the OOSCCA Platform shall remain at all times vested in OOSCCA and/or its licensors and is protected by copyright and intellectual property and other laws. All intellectual property rights are reserved.

13.2 The OOSCCA Platform and its contents are copyright-protected material and the copyright is owned by OOSCCA unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the OOSCCA Platform are either owned by OOSCCA or OOSCCA has obtained limited permission from the trademark owner to use the trademark on the OOSCCA Platform. Any other third party trademarks remain the property of their respective owners. "OOSCCA" is a registered trademark of OOSCCA. You are not permitted to use this registered trademark without our approval.

13.3 If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the OOSCCA Platform from time to time, please contact us at support@bookOOSCCA.co.uk. OOSCCA shall not be responsible for seeking any additional authorisation required for third party use of any trademark not owned by or licensed to OOSCCA for such use.

13.4 Your unauthorised use of intellectual property rights owned by OOSCCA or its licensors may violate copyright, trademark, privacy, publicity, communications, and other laws which may result in personal liability for you, as well as potential criminal liability.

14. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES

14.1 Any issues or disputes between Care Seeker and Provider should be resolved directly between Care Seeker and Provider; such as disputes relating to cancellations and the Provider’s cancellation policy; or concerning the conduct of a Provider, including (without limitation) the services received by the Care Seeker or the accuracy of information uploaded by any Provider.

14.2 OOSCCA will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this OOSCCA Platform and/or the Services, you do hereby represent, understand, and expressly agree to be responsible for and hold OOSCCA harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the OOSCCA Platform. OOSCCA will use its reasonable efforts to monitor usage of the OOSCCA Platform by Providers and Care Seekers and suspend privileges to any user not adhering to this OOSCCA Care Seeker EULA. You agree to take reasonable precautions in all interactions with other users of the OOSCCA Platform or the Services, particularly if you meet offline or in person.

14.3 By using the OOSCCA Platform or the Services, you do hereby agree to report any alleged improprieties of any users therein to OOSCCA immediately by notifying OOSCCA of the same via electronic correspondence at support@bookOOSCCA.co.uk.

15. DISCLAIMERS; LIMITATION OF LIABILITY

15.1 You accept that the OOSCCA Platform is offered on an “as-is” and “as available” basis. To the fullest extent permitted under applicable law, OOSCCA and its Affiliates disclaim all warranties, express or implied (whether by statute, common law or the law of equity), including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or suitability for your intended use, title and non-infringement as to the OOSCCA Platform, including all information, content and materials contained therein. OOSCCA takes every reasonable precaution and care in relation to the OOSCCA Platform but we do not warrant that the provision of the OOSCCA Platform or material displayed on it will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected or that this OOSCCA Platform is free of software viruses or bugs or other defects. To the maximum extent permitted by law, and subject to Section 15.3, OOSCCA disclaims any liability for any perceived false, misleading, incomplete, inaccurate, or otherwise defective content or misstatements or misrepresentations made by any users of the OOSCCA Platform or any other venue. You hereby represent, understand and agree to hold OOSCCA and its Affiliates harmless for any misstatements and/or misrepresentations made by or on behalf of you on this OOSCCA Platform or in any other venue. Content is provided for informational purposes only, and OOSCCA is not responsible for any reliance upon or use of the content by you or other users, or by any third party, which is accessed at your own discretion and risk.

15.2 All Care Seekers hereby expressly agree not to hold OOSCCA or its Affiliates liable for the actions or omissions of any Provider or Care Seeker or for any information, instruction, or advice which originated or services that were arranged through the OOSCCA Platform. To the maximum extent permissible under applicable law, each Care Seeker hereby irrevocably waives any right they may have to bring a claim against OOSCCA and OOSCCA and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or disputes that have arisen or may arise, whether known or unknown, therefrom.

15.3 Subject to Section 15.1, we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time (in each case whether direct or indirect) or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. To the extent permitted by applicable law, our total aggregate liability to you for all and any damages, losses or causes of action arising, by reason of or in connection with your use of OOSCCA Platform (whether contractual, tortious or otherwise), shall be limited to £150.00 (one hundred and fifty pounds).

15.4 Nothing in this OOSCCA Care Seeker EULA limits or excludes our liability: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) in any way that is not permitted under applicable law.

15.5 You agree that where a breach of this OOSCCA Care Seeker EULA will cause irreparable injury to OOSCCA for which monetary damages would not be an adequate remedy and OOSCCA shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

16. GOVERNING LAW AND JURISDICTION

16.1 This OOSCCA Care Seeker EULA, and any non-contractual obligations arising from it or in relation to it, shall be governed by and construed in accordance with the laws of England.

16.2 You and OOSCCA agree that the courts of England will have exclusive jurisdiction in relation to any claims arising out of or in relation to this agreement.

17. GENERAL PROVISIONS

17.1 Variation. OOSCCA reserves the right to amend this OOSCCA Care Seeker EULA at any time. Any changes we make to this OOSCCA Care Seeker EULA will be posted on this page and where appropriate, notified to you by e-mail. We recommend that you review this OOSCCA Care Seeker EULA from time to time as any changes we make will be binding on you.

17.2 Severability. If any provision in this OOSCCA Care Seeker EULA is ruled invalid, unlawful, void or unenforceable by a court of competent jurisdiction, that provision will be removed from this OOSCCA Care Seeker EULA without it affecting the rest of the OOSCCA Care Seeker EULA and the remaining provisions of this OOSCCA Care Seeker EULA will continue to be valid and enforceable.

17.3 Security. We do not guarantee that the OOSCCA Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access the OOSCCA Platform. You should use your own virus protection software.

17.4 No Waiver. No failure or delay by you or OOSCCA in exercising any rights or remedies under this OOSCCA Care Seeker EULA will operate as a waiver of that or any other right or remedy.

17.5 No Partnership or Joint Venture. This OOSCCA Care Seeker EULA shall not be construed as creating a partnership, joint venture, franchise or agency relationship between you and OOSCCA.

17.6 Entire Agreement. This OOSCCA Care Seeker EULA constitutes the whole legal agreement between you and OOSCCA and govern your use of the OOSCCA Platform and completely replaces any prior agreements between you and OOSCCA in relation to the OOSCCA Platform.

17.7 Third Parties. This OOSCCA Care Seeker EULA does not confer any rights on any person or party (other than the parties to this OOSCCA Care Seeker EULA and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

17.8 No Assignment. You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this OOSCCA Care Seeker EULA, without the prior written consent of OOSCCA.