Terms and Conditions.
1.0 General
1.1 These terms and conditions (“Terms & Conditions”) are between CocoRio Ltd (the Agency, CocoRio, We, Us, Our) and You (the Customer, You) and sets out the terms and conditions under which We will provide and You will receive the Services including the following circumstances:
Please note: the meaning of all the capitalised terms used below are set out in Clause 2.1 below.
1.1.1 whenever You make a Booking with Us, whether directly (e.g. through the Website, through the phone or email (or any other form of communication) or indirectly (e.g. through any of the “Partners Websites”); and
1.1.2 whenever You use the Website; and
1.2 Each of Us hereby agree to these Terms & Conditions.
1.3 You will be deemed to enter into these Terms & Conditions, at which point these Terms & Conditions shall have effect and be fully legally binding on both You and Us, immediately upon any of the following events happens:
1.3.3 when You book a CocoRio service over the telephone or the Website; and
1.3.4 when You book any of our online classes via our “Partners’ Websites” (as that term is defined at Clause 2.1 below).
2.0 Defined terms
2.1 For the purpose of these Terms & Conditions, unless stated otherwise, the following capitalised terms shall have the following meanings:
Booking Platform
The CocoRio booking platform, available through the Website
Booking (and Book)
any booking which You make to receive any of our Services through any mechanism – for example, through our Website or any Partners Websites (and ‘Book’ shall be understood on the same basis)
Creative
the individual who provides creative babysitting services in respect of the child(ren) who You intend to receive the babysitting services;
Creative Group Session
means a Session which involves more than one child and those children have different unrelated primary carers;
Partners Websites
any of the following websites (and this list may change and be updated from time to time):
a. Bookthatin
b. Pebble;
c. Clubhub;
d. Happity;
e. Eventbrite;
f. Cosaporto;
g. More Human; and
h. BlossApp ;
Services
the services which We agree to provide to You as set out in these Terms & Conditions
Session
the session during which You receive the Services from the Creative
Terms & Conditions
the terms & conditions as set out in this document
Website
a. https://cocorio.co.uk/; and
b. the Booking Platform.
3.0 Your general obligations
Safety for the Creatives
3.1 You agree that You must ensure that whenever a Creative visits the area where the babysitting services are due to be delivered (for example, Your property), that area will be a safe environment for that Creative and the child(ren). If You do not provide a safe environment for the Creative or the child(ren) and as a consequence that Creative suffers any harm, then You will be fully liable to both the Creative and to Us for any losses which arise as a consequence.
3.2 If the Creative works beyond 22:00 (and there is no tube option) or works beyond 23:00 (where this is a tube option), then You must arrange for and pay for a taxi to take the Creative back to their home.
3.3 You must hold insurance or household insurance which provides cover which will be sufficient to meet any financial loss (for example, a financial loss suffered by Creative as a consequence of suffering an accident on Your property).
Bookings
3.4 You agree that under no circumstances will You book or attempt to book any Creative either directly with a Creative or through any third party. If You breach this Clause (for example, You make a booking directly with/from a Creative or third party (without any involvement of CocoRio), then You will be liable for all costs which CocoRio incur as a consequence, including but not limited to: the cost of CocoRio employing another Creative (noting that this event will result in the automatic de-selection of the relevant Creative and so result in costs incurred by CocoRio in procuring a replacement Creative) and any additional fees which CocoRio incurs (including, but not limited to legal fees).
3.5 You must inform Us as soon as possible of any breach or potential breach of Your login details to any of Our services (including but not limited to the Website access and App access). You are fully liable to Us for any security breaches of Your login details.
Other Recipients
3.6 You and We acknowledge and agree that in certain instances someone other than You may use and benefit from the Services (for example, someone You live with such as Your partner) (“Other Recipient”).
3.7 You agree that You will use reasonable endeavours to ensure that Other Recipient(s) will adhere to these Terms & Conditions and that where the Other Recipient does not adhere to these Terms & Conditions, and We suffer a loss as a result, then You will be fully liable to Us for such loss.
CocoRio Club Membership
3.8 The terms of the ‘CocoRio Club Membership’ are set out on the Website and are binding on both You and Us.
4.0 Payment and booking
4.1 Fees are payable in British Pounds via Debit/Credit Card on CocoRio’s Stripe account or on www.cocorio.co.uk or through our partner platforms before each Session.
4.2 If the You fail to pay the Agency before the beginning of the Session, then We may decide to (at our full discretion):
4.2.1 suspend the relevant Booking (i.e. not sent the Creative) and all future Bookings until You make this payment; or
4.2.2 allow the Session to occur but in that instance You must pay Us the higher of £25 and 10% of the amount owed (such amount to double each month that payment is remains unpaid), and this reflects the considerable administrative costs which We incur as a result of any late payments.
4.3 If You chose to extend the length of the Session or increase the number of children in attendance, then You must notify Us as soon as possible and You will be liable for all additional charges (including, but not limited to, additional hourly rates).
4.4 CocoRio reserves the right to increase our fees at any time provided that such increases shall not apply to Bookings which have already been made by You.
4.5 You must re-imburse the Creative for all reasonable expenses incurred by them in the performance of their duties under the Session, provided that the Creative has obtained Your prior approval in respect of such expenses.
4.6 Discounted rates for regular bookings may be agreed with Us in advance, if You would like to discuss this possibility then please get in contact with Us.
4.7 We cannot guarantee that We are able to find a Creative where You provide Us with less than two (2) working days notice. In such circumstances We will use reasonable endeavours to place such a Booking and We will apply an additional booking fee (reflecting the additional resource cost upon Us) being the higher of £10 and 20% (and this reflects the additional administrative costs We incur in respect of executing such Booking).
5.0 Refunds and cancellation policy
Your cancellation rights
5.1 To cancel or re-book a Session during the hours of 8:00 to 18:00 (Opening Hours), please:
5.1.1 in the first instance, call 0208 126 5577; and
5.1.2 if You are unable to speak to any CocoRio staff, then please email info@cocorio.co.uk as soon as possible adding ‘URGENT’ to the subject line.
5.2 To cancel or re-book a Session outside of Opening Hours, please follow the ‘Emergency Procedure’ as follows: by calling our landline number 0208 126 5577 and following the prompt for ‘Emergency’. If You chose to make a Booking by following this option an additional ‘emergency fee’ of 20% of the Booking fees will be applied. Just to let You know, Our usual hours of business are: 09:00 – 17:30 weekdays (excluding public holidays).
5.3 You acknowledge and agree that if You make a Booking, then this will result in the Creative scheduling this time to perform the Services for Your benefit, and this is likely to result in the Creative incurring costs (e.g. advance travel costs) as well as the Creative incurring ‘opportunity costs’ e.g. it will result in the Creative not being able to schedule any other work for that booked period.
5.4 Therefore, subject to Clause 5.5 If You cancel any booking In respect of a Booking of a single Session:
5.4.1 more than two working days (prior to the scheduled start time) then You will receive a full refund; and
5.4.2 less than forty eight (48) hours notice (prior to the scheduled start time) then You will not receive any refund (under any circumstances).
5.5 All overdue amounts owed by You to Us will incur the statutory rate as proscribed under the Late Payment of Commercial Debts (Interest) Act 1998, being the Bank of England rate plus 8%.
5.6 Where You make a Booking through the App the Website, We will validate Your bank card, and hold in escrow the fees payable for the Session booked at that time. After the Session has completed and the Creative has confirmed to Us all the relevant details of the Session which has occurred (e.g. hours and whether any add-ons have occurred e.g. whether there have been children from multiple families which had not been included in the Booking), we will then process the payment and, if the Session materialised different to the original Booking then we will adjust the amount up (only if appropriate).
Our cancellation rights
5.7 Where CocoRio (in its sole discretion) receives sufficient negative feedback about You from any of the Creatives or more generally if We are concerned for the safety of any Creative then:
5.7.1 We may cancel any Booking at any time for any reason. Provided the reason for such cancellation is not any act or omission by You, then We will refund You for any Booking which You have made but where You have not received the Service in full (and any partial cancellation in these circumstances shall result in a partial refund on a pro-rata basis); and/or
5.7.2 refrain from accepting any future Bookings from You.
5.8 CocoRio may cancel and/or reschedule any Session if the Creative is unwell and We are not able (having used reasonable endeavours) to arrange for an alternative Creative to provide the Services. If We cancel in these circumstances, then You may ask for a full refund which We will provide to You, otherwise We will re-schedule the Booking.
5.9 CocoRio may cancel and reschedule any Creative Group Sessions at any point, where:
5.9.1 the Creative Group Session is scheduled to happen outside and We have concerns relating to the weather; and/or
5.9.2 the Creative Group Session relied upon a sufficient number of customers and children, but We are concerned that actually there will not be such a sufficient number in attendance.
If We cancel in the above circusmtances, then You may ask for a full refund which We will provide to You, otherwise We will re-schedule the Booking.
Creative no show
5.10 As an agency service, We are not responsible and will not be liable to You in any way if a Creative fails to show up to a Session.
No Guarantee
5.11 Whilst CocoRio always endeavours to find a Creative on request, We cannot always guarantee this will be possible. We encourage You to get in touch at least two (2 working days prior to the date they want to book a session).
No refunds where You have paid by Bank Transfer
5.12 Notwithstanding any other provision in these Terms & Conditions, for administrative reasons, CocoRio cannot issue a refund if the payment has been made by Bank Transfer. In this case, You can contact the agency asking to roll their credits to a future date if applicable.
6.0 Liability
6.1 CocoRio acts as an agent for the Creatives, not as an employer. Therefore We do not accept any legal liability to You (or anyone else) whatsoever under or in connection with any act or omission of the Creative (where, for example, and this is not an exhaustive list, any liability arises as a consequence of any accident, injury, loss, damage or misconduct as a result of any act or omission by the Creative).
6.2 The Website contains links to third party advertisements and links to third party sites. Access to any other Internet site linked to the Website is at Your own risk. CocoRio accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
6.3 Subject only to clause 6.5, but otherwise notwithstanding any other provision in these Terms and Conditions and to the maximum extent permitted by law, at all times CoocoRio’s maximum liability to You (whether under Terms & Conditions law, tort or any other law) at all times is capped at ten thousand pounds (£10,000).
6.4 Subject only to clause 6.5, under no circumstances shall we be liable to you for any economic loss, reputational loss or indirect loss.
6.5 Nothing in these Terms and Conditions shall exclude or limit liability for fraud or for death or personal injury resulting from negligence.
7.0 Privacy
7.1 Please view our Data & Privacy Policy.
8.0 Warranties and Indemnities
8.1 If, as a result of any act or omission by You in relation to a Creative, either that Creative or We suffer any loss (for example, the Creative is harmed by You) then You will be fully liable to Us for such loss including where We incur a liability to the Creative.
9.0 Entire Agreement
These Terms & Conditions constitutes the entire agreement as between the Parties in respect of the matters dealt with herein and supersede all prior negotiations as between the Parties and all representations, notices and undertakings made by one Party to the other, whether written or oral (except that this Clause 9 shall not exclude liability in respect of any fraud or fraudulent misrepresentation).
10.0 Disputes
10.1 CocoRio prefers to resolve any disputes via mediation. In the instance of a complaint, please email info@cocorio.co.uk.
11.0 Copyright and Trademarks
11.1 All content on the Website – texts, graphics ,images, HMTL codes and other material are protected by British and international copyright laws and remain the exclusive property of CocoRio.
12.0 Miscellaneous
12.1 These Terms & Conditions and any dispute related to it shall be governed in accordance with the laws of England and Wales and all parties submit to the exclusive jurisdiction of the Courts.
12.2 If any provision of these Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
12.3 We reserve the right to these Terms & Conditions (i.e. our Terms & Conditions) at any time for any reason, in which case We will update this webpage. To avoid doubt, and such changes will not affect Bookings which have already been made.
12.4 Both parties must comply with all the laws of England.
CocoRio Limited
January 2024