Terms and Conditions

These Terms and Conditions ("Terms") govern the use of the Bloom Kidz nursery management software platform and related services.

Bloom Kidz is a product and service provided by:

In these Terms:

"Bloom Kidz", "we", "us" or "our"

means Owl Corporations Ltd in connection with the Bloom Kidz service.

"Customer", "you" or "your"

means the nursery, childcare provider, company, organisation or other business subscribing to Bloom Kidz.

"Authorised User"

means an employee, worker, contractor, administrator or other individual authorised by the Customer to use Bloom Kidz.

"Platform"

means the Bloom Kidz software, applications, website and associated services.

"Customer Data"

means information uploaded, entered, stored or otherwise processed through Bloom Kidz by or on behalf of the Customer.

"Subscription"

means the Customer's right to access Bloom Kidz during the applicable subscription period.

"Order" or "Order Form"

means the subscription order, quotation, online registration or other document specifying the services, pricing and subscription details agreed with the Customer.

These Terms are intended for business customers only and not individual consumers purchasing Bloom Kidz for personal use.

By doing any of the following, the Customer agrees to be legally bound by these Terms:

• signing these Terms;
• signing an Order Form referring to these Terms;
• clicking "I Accept", "I Agree" or similar wording;
• completing registration for a paid Bloom Kidz subscription;
• electronically accepting these Terms; or
• continuing to use Bloom Kidz after being presented with these Terms.

The person accepting these Terms on behalf of a nursery, company or organisation confirms that they have authority to enter into this agreement on behalf of that organisation.

If that person does not have such authority, they must not accept these Terms on the organisation's behalf.

Bloom Kidz is a nursery management software platform intended to support childcare and early-years providers.

Depending upon the subscription and features selected, Bloom Kidz may provide functionality relating to:

• child registration;
• parent and carer records;
• attendance;
• children's daily diaries;
• observations;
• learning and development;
• assessments;
• photographs and videos;
• meals;
• sleep;
• toileting;
• medication;
• allergies;
• accidents and incidents;
• safeguarding records;
• SEND and additional needs;
• parent communication;
• staff management;
• staff rotas;
• permissions and consents;
• invoicing;
• funding;
• reporting;
• document storage;
• nursery administration; and
• other features introduced from time to time.

Specific functionality may vary according to the Customer's subscription.

The Customer must provide accurate and complete information when creating its Bloom Kidz account. The Customer is responsible for:

• keeping its account information up to date;
• nominating authorised administrators;
• deciding which staff members require access;
• allocating appropriate user permissions;
• removing access promptly when an employee leaves or no longer requires access;
• maintaining appropriate password security; and
• ensuring Authorised Users comply with these Terms.

The Customer is responsible for activity carried out using its authorised accounts except where such activity results directly from a security failure for which Bloom Kidz is responsible.

Each Authorised User should use their own account unless Bloom Kidz expressly provides functionality allowing another arrangement. Users must not:

• share login credentials with unauthorised persons;
• allow another organisation to use their account;
• attempt to access information they are not authorised to view;
• attempt to bypass security controls;
• interfere with the operation of Bloom Kidz; or
• use another person's account without permission.

The Customer must inform Bloom Kidz promptly if it suspects an account or password has been compromised.

Access to Bloom Kidz is provided on a subscription basis unless otherwise agreed in writing. The applicable:

• subscription package;
• number of children or users;
• price;
• billing frequency;
• start date; and
• any additional services

will be shown in the relevant Order Form, quotation or online subscription page.

Unless otherwise stated, fees are exclusive of VAT where VAT is applicable.

Bloom Kidz may offer different subscription levels according to the size or requirements of a nursery. Current pricing may include, for example:

Larger settings, nursery groups or customers requiring additional functionality may be provided with a customised quotation.

The price applicable to a Customer will be confirmed when the Customer subscribes or in the relevant Order Form.

Where the Order Form conflicts with these Terms regarding price or subscription-specific details, the Order Form will take priority for those matters.

Subscription fees must be paid according to the payment schedule agreed with Bloom Kidz. Payments may be collected by:

• Direct Debit;
• recurring card payment;
• bank transfer;
• online payment service; or
• another payment method agreed by Bloom Kidz.

The Customer is responsible for ensuring valid payment information is maintained.

If payment is overdue or repeatedly fails, Bloom Kidz may:

• contact the Customer regarding the outstanding payment;
• request an alternative payment method;
• restrict certain account functions; or
• suspend access to the Platform.

Where reasonably practicable, we will provide notice before suspending an account for non-payment.

Suspension does not remove the Customer's obligation to pay fees already due.

Bloom Kidz may change subscription prices from time to time.

Existing Customers will receive reasonable advance notice of material price increases.

Unless otherwise agreed, a revised price will take effect from the Customer's next applicable subscription or renewal period following the notice.

If the Customer does not wish to continue at the revised price, it may cancel in accordance with the cancellation provisions of these Terms.

The Customer is responsible for ensuring that its use of Bloom Kidz complies with:

• applicable laws;
• childcare regulations;
• safeguarding requirements;
• employment requirements;
• data protection legislation;
• its own policies and procedures; and
• any regulatory requirements applicable to its childcare setting.

Bloom Kidz provides management software and does not replace the professional judgement or legal responsibilities of nursery owners, managers, safeguarding leads, teachers, practitioners or other professionals.

The Customer is responsible for ensuring that information entered into Bloom Kidz is:

• accurate;
• relevant;
• lawful;
• appropriately maintained; and
• corrected where necessary.

Bloom Kidz is not responsible for errors arising from incorrect information entered by the Customer or its users.

Bloom Kidz may process information relating to children on behalf of the Customer.

The Customer is responsible for ensuring that it has an appropriate lawful basis for collecting and processing children's information.

The Customer is also responsible for providing appropriate privacy information to parents, carers, staff and other individuals where required.

Children's information must only be uploaded to Bloom Kidz where it is reasonably necessary for the Customer's childcare, safeguarding, educational, administrative or legal purposes.

Where the Customer uploads photographs or videos of children, employees or other individuals, the Customer is responsible for:

• establishing an appropriate lawful basis;
• obtaining permissions or consent where required;
• respecting parental or individual preferences;
• ensuring content is appropriate;
• controlling who has access; and
• removing content where appropriate.

Bloom Kidz processes such material as part of providing the Platform and does not obtain ownership of the Customer's photographs or videos.

Bloom Kidz may allow Customers to record sensitive information including:

• allergies;
• medical conditions;
• medication;
• disabilities;
• SEND information;
• healthcare plans;
• dietary information;
• religious information;
• racial or ethnic information; and
• safeguarding information.

The Customer is responsible for ensuring that it has both:

• an appropriate lawful basis under applicable data protection law; and
• where required, an appropriate condition for processing special category data.

Access to sensitive information should only be given to users who genuinely require it.

For personal data entered into Bloom Kidz by a Customer:

• The Customer will normally be the Data Controller.
• Owl Corporations Ltd/Bloom Kidz will normally be the Data Processor.
• The Customer determines the purposes for which Customer Data is collected and processed.
• Bloom Kidz processes that information on the Customer's documented instructions for the purpose of providing the Bloom Kidz service.

For certain information processed by Owl Corporations Ltd for its own business purposes, Owl Corporations Ltd may act as an independent Data Controller.

The data processing provisions contained in Schedule 1 of these Terms form part of the agreement between Bloom Kidz and the Customer.

Where Bloom Kidz processes personal data on the Customer's behalf, Schedule 1 is intended to constitute the parties' Data Processing Agreement.

When acting as Data Processor, Bloom Kidz will process Customer Personal Data only:

• on the Customer's documented instructions;
• as necessary to provide the Bloom Kidz service;
• as specified in these Terms and the applicable Order Form; or
• where processing is required by applicable law.

The Customer's acceptance of these Terms constitutes an instruction to process Customer Personal Data as reasonably necessary to provide the Bloom Kidz service.

Bloom Kidz will implement appropriate technical and organisational measures designed to protect Customer Data against:

• accidental loss;
• unauthorised access;
• unauthorised disclosure;
• alteration;
• destruction; and
• unlawful processing.

Measures may include, where appropriate:

• encryption;
• secure hosting;
• access controls;
• authentication;
• system logging;
• backups;
• vulnerability management;
• software updates;
• security monitoring;
• role-based access;
• confidentiality requirements; and
• incident response procedures.

Security controls may change over time as technology and security risks evolve.

Security is a shared responsibility. The Customer must:

• use appropriate passwords;
• keep credentials confidential;
• restrict system access appropriately;
• promptly deactivate former employees;
• maintain appropriate security on its own devices and networks;
• ensure staff receive suitable data protection training; and
• report suspected security incidents promptly.

If Bloom Kidz becomes aware of a personal data breach affecting Customer Personal Data, we will notify the Customer without undue delay.

We will provide reasonably available information to assist the Customer in assessing and responding to the breach.

Where the Customer is the Data Controller, the Customer remains responsible for determining whether notification to:

• the Information Commissioner's Office;
• parents;
• employees; or
• other affected individuals

is legally required.

Bloom Kidz may use appropriately selected third-party providers to help deliver the service. These may include providers of:

• cloud hosting;
• database infrastructure;
• backup services;
• cybersecurity;
• email delivery;
• communications;
• payments;
• analytics;
• customer support; and
• other technology infrastructure.

The Customer provides general authorisation for Bloom Kidz to appoint appropriate sub-processors.

Bloom Kidz will require relevant sub-processors to provide appropriate data protection safeguards.

Where required by applicable data protection law, Bloom Kidz will provide information about material changes to sub-processors.

Where Customer Personal Data is transferred outside the United Kingdom, Bloom Kidz will use an appropriate lawful transfer mechanism where required. This may include:

• UK adequacy regulations;
• an International Data Transfer Agreement;
• a UK Addendum to relevant Standard Contractual Clauses; or
• another lawful mechanism.

If Bloom Kidz receives a request relating to Customer Personal Data from a parent, employee, child, former employee, carer or another data subject, Bloom Kidz will normally direct the request to the Customer where the Customer is the relevant Data Controller.

Taking into account the nature of the processing, Bloom Kidz will provide reasonable assistance to the Customer in responding to relevant data-subject rights requests.

Where reasonably required by applicable data protection legislation, Bloom Kidz will provide reasonable assistance to the Customer in relation to Data Protection Impact Assessments and consultations with the Information Commissioner's Office, to the extent those activities relate to Bloom Kidz's processing of Customer Personal Data.

Bloom Kidz will make available information reasonably necessary to demonstrate compliance with its data-processing obligations.

Where legally required, Bloom Kidz will allow reasonable audits relating to its processing of Customer Personal Data. Audits must normally:

• be requested on reasonable notice;
• take place during normal business hours;
• avoid unnecessary disruption;
• protect the confidentiality and security of other customers; and
• be limited to information relevant to the Customer's processing.

Where appropriate, Bloom Kidz may satisfy reasonable audit requirements by providing independent security reports, certifications or other compliance documentation.

Bloom Kidz will ensure that personnel authorised to process Customer Personal Data are subject to appropriate confidentiality obligations.

The Customer must also ensure that its employees and Authorised Users maintain the confidentiality of information accessed through Bloom Kidz.

As between Bloom Kidz and the Customer, the Customer retains all applicable rights in its Customer Data.

Using Bloom Kidz does not transfer ownership of Customer Data to Owl Corporations Ltd.

The Customer grants Bloom Kidz the rights necessary to host, copy, transmit, back up and otherwise process Customer Data solely as necessary to provide and operate the service and meet applicable legal obligations.

All intellectual property rights in Bloom Kidz, including the:

• software;
• source code;
• design;
• interface;
• database structure;
• branding;
• logo;
• graphics;
• documentation;
• functionality;
• templates; and
• underlying technology

belong to Owl Corporations Ltd or its licensors.

The Customer is granted a limited, non-exclusive, non-transferable right to use Bloom Kidz during its active Subscription.

No ownership rights in Bloom Kidz are transferred to the Customer.

The Customer and its users must not:

• copy Bloom Kidz software;
• reverse engineer the Platform except where applicable law expressly permits it;
• attempt to obtain source code;
• resell the service without written permission;
• sublicense access;
• use Bloom Kidz to develop a competing product by copying protected elements of the Platform;
• remove copyright or proprietary notices;
• interfere with security systems;
• introduce malicious software;
• attempt unauthorised access;
• scrape the Platform through unauthorised automated means; or
• use Bloom Kidz for illegal purposes.

Bloom Kidz must not be used to upload, store, send or distribute material that is:

• unlawful;
• malicious;
• defamatory;
• discriminatory;
• threatening;
• abusive;
• fraudulent;
• sexually inappropriate;
• harmful to children;
• infringing another person's intellectual property;
• a breach of confidentiality; or
• otherwise prohibited by law.

Bloom Kidz may suspend access where there are reasonable grounds to believe the Platform is being used unlawfully or creates a serious safeguarding or security risk.

Bloom Kidz aims to provide a reliable service. However, uninterrupted or error-free operation cannot be guaranteed. The Platform may occasionally be unavailable because of:

• maintenance;
• updates;
• security work;
• internet outages;
• third-party infrastructure failures;
• emergency maintenance;
• events outside our reasonable control; or
• other technical issues.

Where reasonably practicable, planned maintenance that materially affects availability will be communicated to Customers in advance.

Bloom Kidz may update, improve or modify the Platform from time to time. This may include:

• introducing new features;
• improving existing features;
• changing the user interface;
• removing obsolete functionality;
• improving security; and
• making changes necessary for legal or regulatory compliance.

We will take reasonable steps to avoid removing material core functionality without reasonable justification.

Customer support will be provided through the support channels made available by Bloom Kidz. Support may include assistance with:

• login problems;
• platform functionality;
• technical issues;
• account administration;
• billing questions; and
• general software guidance.

Bloom Kidz does not provide legal, regulatory, safeguarding, tax, accounting or medical advice.

Bloom Kidz may integrate with or provide links to third-party services. Those services may be subject to separate terms and privacy policies.

Bloom Kidz is not responsible for the independent actions, availability or content of third-party services except to the extent that responsibility cannot lawfully be excluded.

Although Bloom Kidz may maintain technical backups, the Customer remains responsible for ensuring that it meets its own statutory and regulatory record-retention requirements.

Where records are particularly important for regulatory, safeguarding, employment, financial or legal purposes, Customers should ensure that appropriate copies or exports are retained where necessary.

Unless the applicable Order Form states otherwise, the Customer may cancel its Subscription by providing 30 days' written notice.

Cancellation requests should be sent to info@bloomkidz.net.

Fees already properly due remain payable.

Where subscriptions are paid in advance, refunds will only be provided where required by law or expressly agreed in the applicable Order Form.

Bloom Kidz may terminate or suspend this agreement where the Customer:

• materially breaches these Terms;
• fails to pay outstanding fees;
• uses the Platform unlawfully;
• creates a serious cybersecurity risk;
• seriously compromises another person's privacy;
• misuses children's information;
• becomes insolvent; or
• repeatedly breaches these Terms.

Except where immediate action is reasonably necessary for security, safeguarding or legal reasons, Bloom Kidz will normally provide the Customer with a reasonable opportunity to remedy a remediable breach.

Following termination, the Customer may request an export or return of Customer Data where reasonably available and legally appropriate.

Unless a different period is stated in the applicable Order Form, Customers should request any required export within 30 days following termination.

After the applicable period, Bloom Kidz may securely delete Customer Data in accordance with its data-retention procedures.

Where Customer Personal Data remains temporarily within secure backups, it may remain beyond the active-account deletion date until the relevant backup is overwritten or deleted in the ordinary backup cycle. Such backup information will remain protected and will not be restored for normal operational use except where reasonably necessary for disaster recovery, security or legal requirements.

Bloom Kidz may retain information where required by law.

Termination does not affect:

• rights accrued before termination;
• outstanding payment obligations;
• confidentiality obligations;
• intellectual property rights;
• data protection obligations that continue after termination; or
• provisions intended by their nature to survive termination.

Bloom Kidz will provide the service with reasonable care and skill.

The Customer acknowledges that software may occasionally contain errors or experience interruptions.

Except as expressly set out in these Terms, all warranties, representations or conditions that may lawfully be excluded are excluded to the fullest extent permitted by law.

Bloom Kidz is an administrative and nursery-management tool. The Platform does not replace:

• professional childcare judgement;
• safeguarding procedures;
• statutory reporting;
• professional medical advice;
• professional legal advice;
• regulatory advice;
• accounting advice; or
• the Customer's obligations as a registered childcare provider.

The Customer remains responsible for decisions made regarding children, staff, safeguarding and nursery operations.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so. In particular, nothing excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be excluded or limited.

Subject to the above, neither party will be liable to the other for:

• indirect or consequential loss;
• loss of anticipated profits;
• loss of anticipated savings;
• loss of business opportunity; or
• loss of goodwill,

to the extent such losses are lawfully excludable.

Nothing in this clause limits either party's statutory obligations under applicable data protection legislation where such liability cannot lawfully be limited.

The Customer will be responsible for losses, claims or regulatory consequences reasonably arising from:

• Customer Data that the Customer had no lawful right to process;
• unlawful use of Bloom Kidz by the Customer;
• material breach of these Terms; or
• instructions provided by the Customer that require unlawful processing,

except to the extent the matter was caused or contributed to by Bloom Kidz's own breach, negligence or unlawful conduct.

Each party may receive confidential information belonging to the other. Each party agrees to:

• protect confidential information;
• use it only for purposes connected with this agreement;
• disclose it only to persons who reasonably need access; and
• apply appropriate confidentiality safeguards.

These obligations do not apply to information that:

• is already lawfully public;
• was lawfully known before disclosure;
• is independently developed;
• is received lawfully from another source; or
• must be disclosed by law.

Bloom Kidz will take reasonable measures appropriate to the nature of its service to support business continuity, disaster recovery and data restoration.

No business-continuity process can guarantee uninterrupted availability in every circumstance.

Neither party will be responsible for a failure to perform its obligations where that failure results from circumstances outside its reasonable control, except for payment obligations already due. Such circumstances may include:

• natural disasters;
• widespread internet outages;
• telecommunications failures;
• war;
• terrorism;
• civil disturbance;
• government action;
• epidemics or pandemics;
• major cyber incidents not reasonably preventable;
• power failures; or
• failures affecting essential third-party infrastructure.

The affected party should take reasonable steps to minimise disruption.

Bloom Kidz may update these Terms where reasonably necessary, including because of:

• changes in law;
• regulatory requirements;
• security requirements;
• changes to the Platform;
• introduction of new features; or
• changes to our business operations.

Material changes will be communicated to Customers with reasonable notice where appropriate.

Changes will not retrospectively remove rights already accrued.

Continued use after an updated version becomes effective constitutes acceptance where the Customer has been appropriately notified and such acceptance is legally valid.

Where a material change substantially disadvantages the Customer, the Customer may cancel before that change takes effect unless the change is required by law or regulation.

Formal notices under this agreement should be sent to the contact details provided by the relevant party.

Bloom Kidz may provide routine contractual notices through:

• email;
• the Platform;
• account notifications; or
• another agreed electronic method.

The Customer is responsible for keeping its administrative contact details current.

The Customer may not transfer its rights under this agreement to another organisation without Bloom Kidz's prior written consent, such consent not to be unreasonably withheld.

Bloom Kidz may transfer this agreement as part of a corporate restructuring, merger, acquisition, sale of the Bloom Kidz business, or transfer to another member of its corporate group, provided appropriate protections remain in place.

Unless these Terms expressly state otherwise, a person who is not a party to this agreement does not have the right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

These Terms, together with the applicable Order Form, Data Processing terms, Privacy Policy, applicable service specifications, and any expressly incorporated documents, constitute the agreement between the parties regarding the Bloom Kidz service.

Where there is a conflict, the following order of precedence will apply unless expressly agreed otherwise:

• signed Order Form or separately negotiated agreement;
• Data Processing Agreement/processing provisions for data-protection matters;
• these Terms and Conditions; and
• other incorporated policies.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

The invalid provision will, where legally possible, be treated as modified to the minimum extent necessary to make it valid and enforceable.

A delay or failure by either party to enforce a right does not mean that the party has waived that right.

These Terms and any dispute or claim arising from them are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over disputes arising from or relating to these Terms, unless the parties agree otherwise in writing or applicable law requires otherwise.

Questions about these Terms should be addressed to:

These Data Processing Terms apply where Bloom Kidz processes personal data on behalf of the Customer.

Controller: The Customer/nursery or childcare provider.   Processor: Owl Corporations Ltd, providing the Bloom Kidz service.

Processing of personal data necessary for the provision of the Bloom Kidz nursery-management platform and associated support services.

Processing will continue for the duration of the Customer's Bloom Kidz Subscription and for any limited period afterwards reasonably required for return, deletion, backup cycling, dispute resolution or compliance with applicable law.

Processing may include collection, recording, organisation, storage, retrieval, consultation, transmission, hosting, backup, updating, reporting, deletion, and other processing necessary to operate Bloom Kidz. The purpose is to provide nursery-management services according to the Customer's instructions.

Data subjects may include children, prospective children, parents, carers, guardians, emergency contacts, authorised collection persons, nursery employees, contractors, agency workers, prospective employees, and other individuals whose information is lawfully entered by the Customer.

Personal data may include names, dates of birth, addresses, telephone numbers, email addresses, photographs, videos, attendance records, learning observations, assessment information, daily care information, parent communications, emergency contacts, staff records, billing information, funding information, and other nursery administration records.

Where instructed by the Customer, processing may include health information, allergies, medication, disabilities, SEND information, racial or ethnic information, religious information, dietary information, safeguarding-related information, and other sensitive information.

Bloom Kidz will:

• process personal data only on documented instructions from the Customer unless required by UK law;
• ensure persons authorised to process personal data are subject to confidentiality obligations;
• implement appropriate technical and organisational security measures;
• comply with applicable requirements relating to sub-processors;
• provide reasonable assistance with data-subject rights requests;
• provide reasonable assistance regarding security, personal data breaches, DPIAs and regulatory consultation where required;
• notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Personal Data;
• at the end of the services, delete or return Customer Personal Data at the Customer's choice, subject to applicable legal requirements and reasonable backup retention cycles;
• make available information reasonably necessary to demonstrate compliance with applicable processor obligations; and
• allow and contribute to reasonable audits or inspections where required by applicable data protection legislation.

The Customer confirms that:

• its instructions to Bloom Kidz are lawful;
• it has an appropriate lawful basis for processing Customer Personal Data;
• it provides required privacy information to individuals;
• it has an appropriate condition for special-category processing where required;
• Customer Data entered into Bloom Kidz has been obtained lawfully;
• it will configure access appropriately; and
• it will comply with its responsibilities as Data Controller.

The Customer grants Bloom Kidz general written authorisation to use appropriate sub-processors. Bloom Kidz will ensure relevant sub-processors are subject to written data-protection obligations providing an appropriate level of protection for Customer Personal Data. Bloom Kidz remains responsible for its obligations relating to its appointed sub-processors as required by applicable law.

Upon termination, and subject to the Customer's instructions and applicable law, Bloom Kidz will delete or return Customer Personal Data. Information contained within secure backups may be retained until the relevant backup cycle expires, provided that it remains protected and is not used for normal processing.

Bloom Kidz is accepted by a nursery or organisation in one of two ways:

By signing an Order Form or agreement referencing these Terms, the Customer confirms that it has read and understood these Terms, has had the opportunity to obtain independent advice, that the person signing has authority to bind the Customer, and that it accepts the Data Processing Terms in Schedule 1 and the Bloom Kidz Privacy Policy. The signed record includes the nursery/company's legal and trading name, company number, Ofsted registration number where applicable, registered or business address, primary contact details, and the name, job title, signature and date of the authorised signatory for both the Customer and for Owl Corporations Ltd / Bloom Kidz.

Where the agreement is completed online, the Customer confirms — by ticking a confirmation box and continuing — that they are authorised to enter into this agreement on behalf of the nursery or organisation, and that they have read and agree to the Bloom Kidz Terms and Conditions, including the Data Processing Terms, and acknowledge the Bloom Kidz Privacy Policy.

Where reasonably practicable, Bloom Kidz will record the customer's legal/business name, the accepting user's name, job title and email address, an account identifier, the version of these Terms accepted, and the date and time of acceptance, together with an appropriate audit record. A copy of the accepted Terms is made available to the Customer.