Terms and Conditions of Service

These Terms and Conditions govern the use of The Civil App platform and the services provided by The Civil App.

For the purposes of these Terms, "The Civil App", "we", "us" and "our" refer to the provider of the services. "Service User", "you" and "your" refer to an individual receiving or purchasing a service, where appropriate. "Instructing Party" means any individual or organisation making a booking, referral or instruction.

1. Acceptance of Terms

1.1 By creating an account, making a booking or referral, paying for a service, accepting an appointment, or otherwise using The Civil App platform or services, you agree to be bound by these Terms and Conditions.

1.2 If you do not agree to these Terms and Conditions, you must not make a booking or use our services.

1.3 These Terms apply, where relevant, to:

• private individuals booking services for themselves;
• parents and other family members;
• solicitors and legal representatives;
• Local Authorities and other public bodies;
• charities and voluntary organisations;
• corporate and professional account holders;
• persons or organisations making referrals; and
• any other person or organisation instructing The Civil App.

1.4 Certain service options are available only to particular categories of customer. Where this applies, it will be made clear during the booking process and in these Terms.

2. Our Services

2.1 The Civil App provides child contact, family support and related services delivered by appropriately trained and vetted Civil Attendance Officers ("CAOs").

2.2 Services currently available for booking include:

• Family Property Exchange;
• Supervised Child Handover;
• Welfare Checks.

2.3 The following services are in development and will become available in due course (Coming Soon):

• Supervised Family Time;
• Supported Family Time;
• Community Family Time;
• Virtual Family Time;
• Enhanced Family Time;
• Outreach Family Time;
• Transport & Escort;
• Family Support.

2.4 The precise nature, scope, duration and purpose of the service will be identified during the booking, referral or instruction process.

2.5 The Civil App does not provide legal advice and does not act as a solicitor, social worker, CAFCASS officer or court.

2.6 Unless expressly commissioned and agreed in writing, our reports do not constitute expert witness evidence, formal social work assessments, section 7 reports, psychological assessments or recommendations to a court.

2.7 CAOs record factual observations relevant to the service provided. Where safeguarding concerns arise, appropriate professional action may be taken in accordance with The Civil App's safeguarding procedures and applicable law.

3. Bookings

3.1 All bookings are subject to availability, appropriate staffing, completion of any required risk assessment and our acceptance of the booking.

3.2 Submission of a booking request does not, by itself, guarantee that a service will be provided.

3.3 Private bookings made by individuals are normally payable in advance through our approved payment provider.

3.4 A private booking will normally be treated as confirmed once payment has been successfully completed and confirmation has been issued by The Civil App.

3.5 Corporate, professional or commissioning organisations may be permitted to book through an approved account and be invoiced in accordance with the payment terms agreed at account setup or within the relevant contract.

3.6 The person making a booking must provide complete and accurate information relevant to the safe delivery of the service, including any known:

• safeguarding concerns;
• risks of violence, aggression or harassment;
• relevant medical or accessibility information;
• court orders;
• bail conditions;
• non-molestation orders;
• restraining orders;
• protective orders;
• restrictions upon contact;
• involvement of statutory agencies; and
• other circumstances reasonably relevant to the safe delivery of the service.

3.7 Failure to disclose information materially affecting safety or service delivery may result in a booking being declined, suspended or terminated.

4. Prices and Payment

4.1 Charges are based upon the service selected, duration, location and any additional services or costs applicable to the booking.

4.2 The applicable price will be displayed or otherwise communicated before the booking is confirmed.

4.3 Unless expressly stated otherwise, services are charged according to the applicable hourly rate.

4.4 Additional charges may apply for matters including venue hire, transport, mileage, additional CAOs, court attendance, extended reporting or other services specifically requested or required.

4.5 Where third-party costs such as venue hire are incurred, these may be passed to the customer in accordance with the price or charging arrangements disclosed at booking.

4.6 Prices may change from time to time. A subsequent price change will not ordinarily affect a booking that has already been confirmed and paid for, unless the nature or scope of that booking subsequently changes.

5. Minimum Booking Period

5.1 Unless otherwise expressly agreed, the minimum booking period for a private Service User is one hour.

5.2 Where a session concludes before the end of the booked hour, the unused portion of that hour is not refundable.

5.3 This minimum booking period is separate from the Flexible Session Option described below.

6. Flexible Session Option

6.1 Purpose

The Flexible Session Option allows an eligible private Service User to book a session with an initial minimum duration of one hour while retaining the option for that same session to continue beyond the first hour, subject to a maximum total duration of two hours. The purpose of this option is to provide flexibility where the precise duration of a session cannot reasonably be predicted in advance.

6.2 Eligibility

The Flexible Session Option is available only to private individual Service Users who are booking and paying for the service themselves. It is not ordinarily available where the service is being booked, instructed or funded by another person or organisation, including Local Authorities, solicitors, CAFCASS, courts, charities, corporate account holders, commissioning organisations, or another third party arranging or paying for the service. The Civil App may withdraw or restrict the Flexible Session Option at any time where it is unsuitable for the particular service, booking, risk profile or operational circumstances.

6.3 Duration

A Flexible Session has a minimum booking period of 1 hour and a maximum total session duration of 2 hours. Selection of the Flexible Session Option does not automatically create a two-hour session and does not guarantee that the session will continue beyond the first hour. A session may continue into the second hour only where: (1) the Service User wishes it to continue; (2) the CAO agrees that continuation is appropriate and operationally possible; (3) continuation is consistent with any applicable risk assessment, safeguarding arrangements or court order; and (4) the extension has been authorised in accordance with Section 7. Under no circumstances does the Flexible Session Option permit a session to exceed two hours under the same booking.

7. Authorisation of the Second Hour

7.1 A Flexible Session will not ordinarily proceed into the second hour without the Service User expressly confirming that they wish the session to continue.

7.2 Before entering the chargeable second hour, confirmation must be completed by both (a) the Service User and (b) the attending Civil Attendance Officer.

7.3 By authorising the extension, the Service User confirms that they understand: the initial one-hour booking period has been or is about to be completed; they have requested or agreed for the session to continue; entering the second hour makes the second-hour charge payable in full; the second hour is charged as a complete additional hour rather than by the minute; the maximum total duration of the session is two hours; and the CAO retains authority to terminate the session where safeguarding, safety, legal or operational circumstances require it.

8. Electronic System Failure and Paper Authorisation

8.1 Where the electronic confirmation system is unavailable because of technical failure, connectivity problems or another reasonable operational issue, the CAO may use The Civil App's approved paper Flexible Session Extension Confirmation.

8.2 The paper confirmation must be signed by both the Service User and the attending CAO before the session enters the second hour. The signed document will form part of the official service record.

9. Flexible Session Payments

9.1 Where the Flexible Session Option is selected, the Service User authorises the payment arrangements necessary to enable The Civil App to collect the applicable charge.

9.2 Depending upon the payment process displayed at checkout, The Civil App may collect or authorise payment sufficient to cover the maximum two-hour Flexible Session. By selecting the Flexible Session Option, the Service User expressly authorises The Civil App to use the payment method provided for charges properly arising from the Flexible Session in accordance with these Terms.

10. Charging for the Second Hour

10.1 The first hour is the minimum chargeable period. Where the session concludes without entering the second hour, only the first hour is ultimately chargeable.

10.2 Once an authorised Flexible Session continues beyond the first 60 minutes, the second hour becomes payable in full. The second hour is not calculated or charged on a minute-by-minute basis.

11. Refund of an Unused Second Hour

11.1 Where the Service User has paid for the maximum two-hour Flexible Session but the session concludes within the first hour, the second-hour payment will be refunded to the original payment method.

11.2 A refund of an unused second hour is not a cancellation refund and does not affect the cancellation provisions contained elsewhere in these Terms.

12. Safeguarding Override

12.1 Selection of a Flexible Session does not create an entitlement to continue a session for two hours. A CAO may refuse an extension or terminate a session where they reasonably consider continuation to be unsafe, inappropriate or inconsistent with the welfare of a child, safeguarding requirements, an applicable risk assessment, a court order, or The Civil App's policies.

12.2 Payment or authorisation for a Flexible Session does not override the professional judgement of the CAO concerning immediate safety or safeguarding.

13. Cancellation and Refunds

13.1 Unless different terms were expressly agreed at booking, cancellations made more than 48 hours before the scheduled session will normally receive a full refund or credit.

13.2 Cancellations made less than 48 hours before the scheduled session may incur a cancellation charge of up to 50% of the applicable session fee where costs or commitments have already been incurred.

13.3 Where The Civil App is unable to fulfil a confirmed booking due to circumstances within our reasonable control, the customer will be offered an alternative appointment, account credit or a refund as appropriate.

14. Conduct During Sessions

14.1 All persons participating in or attending a service must behave in a manner consistent with the safety, dignity and wellbeing of all parties, particularly children.

14.2 A CAO may immediately suspend or terminate a session where a child's safety or wellbeing is at risk; a person behaves in a threatening, violent, abusive or seriously inappropriate manner; a court order or other legal restriction is being breached; or the session cannot safely or appropriately continue.

14.3 Where a session is terminated because of the conduct, actions or omissions of the Service User or another participating party, this may affect entitlement to a refund. Nothing in these Terms affects any refund or other legal right that a consumer is entitled to exercise under applicable law.

15. Court Orders and Legal Restrictions

15.1 Where a service is subject to a court order, the Service User or Instructing Party must provide The Civil App with an accurate and complete copy of the relevant order before service delivery where reasonably requested.

15.2 A Flexible Session cannot be used to extend contact beyond a duration permitted by a court order. No agreement between a Service User and CAO can override a court order or other binding legal restriction.

16. Reports and Documentation

16.1 Written reports may be produced following services including supervised family time, welfare checks, observation visits and other services where reporting forms part of the booking.

16.2 Unless expressly agreed otherwise, reports are factual records of relevant observations and events and do not ordinarily constitute expert evidence, legal advice, social work assessments or recommendations.

16.3 Reports will normally be made available to the person or organisation entitled to receive them under the booking, referral, contract or applicable legal arrangements. Information may also be disclosed to courts, police, Local Authorities, safeguarding bodies or other statutory agencies where disclosure is legally required or reasonably necessary for safeguarding purposes.

17. Safeguarding

17.1 The safety and welfare of children and vulnerable persons are fundamental to The Civil App's services. Safeguarding concerns identified before, during or following a service will be managed in accordance with The Civil App's safeguarding procedures and applicable legal obligations.

17.2 Where there is an immediate risk of serious harm, The Civil App or its CAOs may contact emergency services or an appropriate statutory authority without first obtaining the Service User's permission where lawful and appropriate.

18. Accuracy of Information

18.1 Service Users and Instructing Parties are responsible for providing information that is accurate and complete to the best of their knowledge. You must notify The Civil App of any material change that may affect the safe or appropriate delivery of a booked service.

19. Platform and Account Use

19.1 You must not knowingly submit false or materially misleading information; impersonate another person; access another person's account without authority; attempt to circumvent platform security; or use The Civil App platform for unlawful purposes.

19.2 We may restrict or suspend access where reasonably necessary for security, safeguarding, fraud prevention, non-payment or serious breach of these Terms.

20. Data Protection and Payment Security

20.1 Personal information will be processed in accordance with The Civil App's Privacy Policy and applicable data protection law.

20.2 Payment information is processed through approved payment providers such as Stripe. The Flexible Session electronic authorisation record may be retained as part of the booking and service record.

21. Liability

21.1 The Civil App will exercise reasonable care and skill in providing its services.

21.2 Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or restricted.

21.3 The Civil App is not responsible for the outcome of court proceedings or decisions independently made by courts, Local Authorities, CAFCASS, police, solicitors or other third parties.

22. Events Outside Our Reasonable Control

22.1 Occasionally, circumstances outside The Civil App's reasonable control may affect service delivery, including severe weather, transport disruption, illness, emergencies, venue closure or major technology failure. Where reasonably possible, we will notify affected customers and seek to make suitable alternative arrangements.

23. Complaints and Disputes

23.1 If you are dissatisfied with a service, charge or other aspect of your experience, please raise the matter with The Civil App through the contact details or complaints process provided on our website. Complaints will be considered in accordance with The Civil App's Complaints Policy.

24. Changes to These Terms

24.1 We may update these Terms from time to time to reflect changes to our services, platform, operational arrangements or legal requirements. Changes to these Terms will not retrospectively alter a completed booking or remove rights that have already arisen under applicable law.

25. Governing Law and Jurisdiction

25.1 These Terms and Conditions are governed by the laws of England and Wales. Subject to any mandatory consumer jurisdiction rights, disputes arising in connection with these Terms or The Civil App's services will be dealt with by the courts of England and Wales.