Terms & Conditions

This website is operated by Early Years Nutrition Partnership C.I.C (Community Interest Company), 50 Featherstone Street, London, EC1Y 8RT, Registration Number 10098854, and its partners for your information, education and communication and is intended for use by UK residents only.

To view the full terms and conditions of subscribing settings, please click here.

Please read these terms of use carefully along with our Privacy Policy and our Cookie Policy as access to and use of this site is subject to your acceptance of these terms and other requirements as described in those policies. By viewing this Site, you agree to its terms; if you do not agree to its terms, please do not use this Site.

This policy covers:

Use of the site and content

The Site and its contents are designed to comply with UK laws and regulations and are intended for use by UK residents only. Early Years Nutrition Partnership Limited (EYN Partnership) makes no representation that any information contained in this Site is relevant or appropriate to other geographical locations.

This site offers you the option of viewing information about EYN Partnership products and services. If you choose to view this information, you are accepting that EYN Partnership is supplying this information at your individual request for information, education and communication purposes.

In order to participate and contribute you may be required to register with the Site; any personal information supplied will be processed in accordance with our separate Privacy Policy. A valid email address must be used when registering with the Site; accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address

If you submit data for display on the Site, you are responsible for ensuring that the data is accurate, complete and up-to-date and for updating that data where necessary. In order that we can use your contribution, you confirm that it is your own original work, is not defamatory, does not infringe any UK law and that you have the right to give us permission to use it.  Whilst copyright in your contribution will always remain with you, you grant us, free of charge, irrevocable permission to use the material as we feel appropriate (e.g. to modify it for editorial reasons) for our services.  If you do not want to grant us such permission, then please do not submit or share your contribution with us.

You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Site or any other technology. 

Do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation.

EYN Partnership reserves the right to moderate, modify or remove any content or data that you may have uploaded or otherwise posted to the site.  In addition, EYN Partnership reserves the right to temporarily suspend or permanently remove any registered accounts where there has been any breach of these conditions.

EYN Partnership may provide links to other third-party websites. These links are agreed with the concerned websites whenever EYN Partnership considers that this would be appropriate given the contents of these websites and the services offered. EYN Partnership cannot be held liable for the content of these websites or the use made of such content by users.

Intellectual property

Access to this site grants you the right of use of the website in a private and non-exclusive manner. All rights, title, and interest in and to all aspects of this site remain the sole property of EYNP and its affiliated partners or licensors. Please do not reproduce, copy, distribute, modify, transmit, republish or revise the contents of this site without written permission of EYN Partnership.

Images of people or places displayed on the Site are either the property of, or used with permission by, EYN Partnership.  The use of these images by you is prohibited unless specifically permitted by these terms and conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

The trademarks, logos, characters and service marks (collectively the “Trademarks”) displayed on the Site are registered or unregistered trademarks of EYN Partnership and its affiliated partners. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks without the express written permission of EYN Partneship or its partners. Your use of the Trademarks and contents of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that EYN Partnership and its affiliated partners will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

Exclusions of liability

Whilst EYN Partnership will endeavour to ensure that the information on this Site is correct, it does not warrant to the accuracy or completeness of the material on the Site. The material is provided ‘as is’ without any conditions, warranties or terms of any kind. Accordingly, to the maximum extent permitted by law, EYN Partnership provides you with this Site on the basis that EYN Partnershup excludes all representations, warranties, conditions and other terms.

Neither EYN Partnership nor any of its affiliated partners shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of: (a) the ability (or inability) to access this site, (b) the use (or inability to use) any content of this site, (c) or the content of any site(s) "hot-linked" to this site. In addition, EYN Partnership does not warrant that this site or the server that makes it available are free of viruses or other harmful components. You (and not EYN Partnership) assume the entire cost of all necessary servicing, repair, or correction.

EYN Partnership sites may include links to third-party sites. EYN Partnership does not control these third-party sites, and we encourage you to read the privacy policy of every site you visit.

EYN Partnership sites may also have “plugins” (such as the Facebook “Like” button) to third-party sites or offer login (such as log in with Facebook) through a third-party account. Third-party plugins and login features, including their loading, operation and use, are governed by the privacy policy and terms of the third-party providing them.

Data protection & cookies

Please refer to our separate Privacy Policy and our Cookie Policy for details of these.

Governing law

These terms and conditions are governed by English law. By accessing and using this site, you agree that any dispute will be resolved exclusively by the English courts. 

How to contact us

Please use the appropriate contact details (email, phone or mail) as shown here if you wish to exercise any of your rights or if you have any other questions relating to our use of your information. 

Changes to our terms and conditions

EYN Partnership may at any time change these terms and conditions and you should therefore periodically visit this page to review the then current terms to which you are bound. This document was last updated on 30/04/2016.

 

Terms and conditions of subscribing settings

Agreed terms

1. Interpretation

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Charges: the charges payable by the Setting for the supply of the Services by the Supplier, as set out in the Contract Details.

Conditions: these terms and conditions set out in clause 1 to clause 9 (inclusive).

Contract: the contract between the Setting and the Supplier for the supply of the Services in accordance with the Contract Details, the Mandatory Policies, these Conditions and any Schedules.

Deliverables: all documents, products and materials developed by the Supplier or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs, data, reports and specifications (including drafts) and the Key Deliverables set out in the Contract Details.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Services: the services, including without limitation any deliverables to be provided by the Supplier pursuant to this Contract, as described in Schedule 1.

Services Start Date: the day on which the Supplier is to start provision of the Services, as set out in the Contract Details.

Supplier IPRs: all Intellectual Property Rights subsisting in the Deliverables excluding any Customer Materials incorporated in them.

1.2 Interpretation:

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(c) A reference to writing or written excludes fax and email.

2. Commencement and term

This Contract shall commence on the date when it has been signed by both parties and shall expire on the first anniversary of the Services Start Date.

3.  Supply of services

3.1 The Supplier shall supply the Services to the Setting from the Services Start Date in accordance with this Contract.

3.2 In supplying the Services, the Supplier shall:

(a) perform the Services with reasonable care and skill;

(b) use reasonable endeavours to perform the Services in accordance with the service description set out in Schedule 1;

(c) ensure that the Deliverables, and all goods, materials, standards and techniques used in providing the Services are of satisfactory quality and are fit for purpose;

(d) comply with:

(i) all applicable laws, statutes, regulations and codes from time to time in force, provided that the Supplier shall not be liable under this agreement if, as a result of such compliance, it is in breach of any of its obligations under this agreement.

(e) observe all reasonable health and safety rules and regulations and security requirements that apply at any of the Setting's premises and have been communicated to the Supplier, provided that the Supplier shall not be liable under this agreement if, as a result of such observation, it is in breach of any of its obligations under this Contract.

4. Setting's obligations

4.1 The Setting shall:

(a) co-operate with the Supplier in all matters relating to the Services;

(b) provide, for the Supplier, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Setting's premises, office accommodation, data and other facilities as reasonably required by the Supplier; and provide in a timely manner, such information as the Supplier may reasonably require, and ensure that it is accurate in all material respects.

4.2 If the Supplier's performance of its obligations under this agreement is prevented or delayed by any act or omission of the Setting, its agents, subcontractors, consultants or employees, the Supplier shall:

(a) not be liable for any costs, charges or losses sustained or incurred by the Setting that arise directly or indirectly from such prevention or delay;

(b) be entitled to payment of the Charges despite any such prevention or delay; and

be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay.

5. Intellectual property

5.1 The Supplier and its licensors shall retain ownership of all Supplier IPRs.

6. Charges and payment

6.1 In consideration for the provision of the Services, the Setting shall pay the Supplier the Charges in accordance with this clause 6.

6.2 All amounts payable by the Setting exclude amounts in respect of value added tax (VAT), which the Setting shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable).

6.3 All amounts due under this agreement shall be paid by the Setting to the Supplier in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Limitation of liability

7.1 Nothing in this Contract shall limit or exclude the Supplier's liability for:

(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

7.2 Subject to clause 7.1, the Supplier shall not be liable to the Setting, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: 

(a) loss of profits;

(b) loss of sales or business; 

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) any indirect or consequential loss.

7.3 The conditions implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.

8. Termination

8.1 Without affecting any other right or remedy available to it, either party to this Contract may terminate it with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of Five working days after being notified in writing to do so;

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under this Contract has been placed in jeopardy.

8.2 On termination of this Contract for whatever reason:

(a) termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination; and

(b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

9. General

9.1 Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9.2 Assignment and other dealings.

(a) The Setting shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without the Supplier’s prior written consent.

(b) The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under this Contract.

9.3 Confidentiality.

(a) Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 9.3(b).

(b) Each party may disclose the other party's confidential information:

(i)  to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 9.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Contract.

9.4 Entire agreement.

(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

9.5 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

9.6 Waiver.  A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.  A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

(a) waive that or any other right or remedy; or

(b) prevent or restrict the further exercise of that or any other right or remedy.

9.7 Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.

9.8 Notices.

(a) Any notice or other communication given to a party under or in connection with this Contract that is material or of utmost importance to this contract, shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service or commercial courier.

(b) A notice or other communication as specified above, shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 9.8(a); if sent by pre-paid first class post or other next working day delivery service, at 11.00 am on the second Business Day after posting or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.

(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

9.9 Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms.

9.10 Governing law. This Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

9.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

 

Schedule 1 Services

Summary Statement

The Early Years Nutrition Partnership is working to improve the future health outcomes of young children by setting a standard for nutrition practice in early years settings. Our ambition is that, in the future, every child in England aged under five will have access to expert nutrition support within their early years setting.

The Early Years Nutrition (EYN) Partnership is an independent social enterprise, set up as a Community Interest Company (CIC). It has been created in partnership with the Pre-school Learning Alliance, the British Nutrition Foundation and Danone Nutricia Early Life Nutrition. Integral to the EYN Partnership model is a commitment to support settings with the highest social deprivation needs.

Unique and central to the EYN Partnership is the provision of ‘hands-on’ help for early years settings, delivered by a network of nutrition professionals (registered nutritionists and dietitians) with experience in the early years. The nutrition professionals will work alongside settings, supporting them to improve and enhance their nutrition practice through a whole setting approach.

The support provided by the local nutrition professional will be tailored and nuanced towards the demographic of each particular setting and community in which it operates, in recognition of the fact that each early years setting is different and is likely to face different challenges.  

As part of the programme early years settings will be able to work towards accreditation with the EYN Partnership Quality Mark, demonstrating their whole settings approach to good nutrition practice.

The EYN Partnership will also upskill and empower early years practitioners by providing them with the opportunity to study for an accredited Level 3 award in nutrition and hydration in the early years.

EYN Partnership resources have been developed using the expertise of the British Nutrition Foundation and the Pre-school Learning Alliance with guidance from the EYN Partnership Expert Panel. 

The EYN Partnership will initially be funded by Danone Ecosystem and Danone Nutricia Early Life Nutrition. Danone Ecosystem is an internationally recognised fund, which supports social enterprises and initiatives worldwide. The EYN Partnership is the first UK beneficiary of this fund. The expectation is that the EYN Partnership will be financially sustainable within three to four years.