PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
Please read these Terms carefully. As part of the registration process you will be required to show that you have read and understood these Terms by ticking a box on registration for the Website. If you refuse to accept these Terms, you should not complete the registration process and should immediately cease to access and/or use the Website in any manner.
We recommend that you print a copy of these Terms for your future reference.
1. About Us
Super Carers Ltd
Registered in England and Wales with company number 09279761
Registered Office: 3 Old Lodge Way, Stanmore, HA7 3AR, United Kingdom
Business Office: The office, Willowfield Court, Highfield Road, Bushey, Herts, WD232GR
Email: [email protected]
- 1.2 References to we, our, us in these Terms are references to Super Carers Ltd.
2. Background To The Website
The Website offers the facility for people who wish to obtain Care, their families and advocates
(Care Seekers) to find people who provide Care (Care Givers) and schedule, book and pay for Care. (Care Seekers and Care Givers are collectively referred to as Users. A person who receives Care (who may be the Care Seeker)is referred to as a Care User.). Care Seekers can search for Care Givers based on a range of criteria.
3. The Process
- 3.1 We do not ourselves provide Care.
- 3.2 The process for Care Seekers to obtain Care is broadly as follows:
- 3.2.1 Step 1: the Care Seeker opens an account with us, completing the registration form telling us key information about the Care User and the type of care required (Care Description). The Care Seeker carries out a search on the Website specifying when and where the Care is required.
- 3.2.2 Step 2: Based on this information, the Website will identify one or more Care Givers (if any are available) who are matched to these criteria and have indicated they will provide Care of the type required at the relevant time and place (or similar Care at a similar time if none can provide the exact Care required).
- 3.2.3 Step 3: the Care Seeker reviews the profiles of the listed Care Givers and decides which is the best match and so which (if any) the Care Seeker wishes to book. The Care Seeker can make a booking via the Website at the set rates for specified durations and frequencies. The Care Seeker is able to send messages to the Care Giver to ask questions and discuss the services or to provide additional details.
- 3.2.4 Step 4: When booking, the Care Seeker is required to provide payment details for payment to be made to the Care Giver. A small charge may be applied to verify the payment details but the remaining charge due will only be taken within 48 hours after the time when the Care in question is due to be provided by the Care Giver.
- 3.2.5 Step 5: The Care Giver delivers the agreed Care to the Care Seeker. The Care Seeker may cancel or re-schedule a booking provided more than 24 hours’ notice is given to the Care Giver via the Website. The Care Seeker will have the opportunity to provide feedback on the Care Giver.
- 3.3 The process for Care Givers to provide Care is broadly as follows:
- 3.3.1 Step 1: The Care Giver opens an account with us, completing an online application form telling us key information about themselves, such as their employment history and any professional qualifications.
- 3.3.2 Step 2: Based on the information provided, if we wish to continue with the application process of the Care Giver we will then invite the Care Giver to attend an interview with a member of our team.
- 3.3.3 Step 3: If we consider that the interview is successful we will conduct certain background checks.
- 3.3.4 Step 4: If the background checks are acceptable to us we will allow the Care Giver to be listed on the Website and Care Seekers will then be able to book Care to be provided by the Care Giver.
- 3.4 We use our reasonable endeavours to undertake basic checking of Care Givers and they will not be put forward for the provision of Care until they have satisfied our checks, but we cannot guarantee their honesty, capability or suitability. Background checks are undertaken on our behalf by a specialist provider and we cannot be responsible for the accuracy and completeness of the checks which are undertaken.
- 3.5 Care Givers should be aware we do not undertake any checks of the backgrounds of Care Seekers or Care Users or complete risk assessments of their home environments.
- 3.6 Any agreement between a Care Seeker and a Care Giver for the Care Giver to perform Care and the Care Seeker to pay the Care Giver takes the form of a contract between those two parties and we are not a party to such contract. Payment is made by the Care Seeker directly to the Care Giver using our payment platform. We will deal with its payment in accordance with these Terms.
- 3.7 Nothing contained in these Terms shall create a relationship of employer and employee or partnership between Care Givers and us and nothing contained in these Terms shall create a relationship of employer and employee between Care Seekers and Care Givers. If notwithstanding this provision the Care Giver becomes an employee of either us or the Care Seeker then the Care Giver shall pay or reimburse any tax or national insurance payments due from us or either Registered User to the relevant authorities and shall indemnify both us and the Care Seeker against any loss suffered or cost incurred as a result of the Care Giver becoming an employee.
- 4.1 By registering to use of Website you confirm that you:
- 4.1.1 understand and accept these Terms;
- 4.1.2 are resident in the United Kingdom;
- 4.1.3 are legally capable of entering into binding contracts; and
- 4.1.4 are at least 18 years old.
- 4.2 You agree to:
- 4.2.1 provide true, accurate, current and complete information about yourself and about the Care User (in the case of Care Seekers purchasing on their behalf) as prompted by the Website’s registration form (such information being the Registration Data); and
- 4.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- 4.3 If you are a Care Seeker requiring Care on behalf of a Care User, you confirm that you are authorised to do so and to supply the Registration Data and any other information required or supplied to us or Care Givers relating to the Care User.
- 4.4 Once you have registered you will be a Registered User of the Website. Registered Users may request Care as required or may apply to supply Care as applicable. These Terms apply irrespective of which of these roles you perform.
- 4.5 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of these Terms or do anything that we, in our absolute discretion, believe may damage our reputation or that of the Website or put any of our Registered Users at risk, we have the right to suspend or terminate your account and refuse any and all current or future use of any part of or the entire Website without notice or liability to you.
5. Use Of Registration Data
- 5.1 We may use your Registration Data to administer your usage of the Website and, if you agree, to provide marketing communicationsations. You may opt out of the usage of your Registration Data for marketing communications at any time by contacting us via the link sent with each marketing communication or at the email address set out in clause 1.
- 5.2 Care Givers agree that your Registration Data will be shared with Care Seekers who are looking for Care which we consider you may be able to provide. This is because each Care Seeker may make a decision to make a booking based on this information.
- 5.3 Care Seekers agree-ablee that your Registration Data will be shared with Care Givers with whom you initiate communications and contract for the provision of Care. This is because each Care Giver may make a decision to accept or reject a booking based on this information.
- 5.4 We will not, except as set out in these Terms, disclose confidential or sensitive information about you to other Registered Users or third parties without your consent.
- 5.5 You are responsible for any use of your account using your user name and/or password, for keeping your user name and password confidential and for logging out of your account at the end of each session. You agree to let us know immediately if you become aware of or suspect any unauthorised use of your account, user name and/or password. If you forget your user name and/or password, you may email us at our email address set out above and we will email your user name and password to the email address specified in your account. You are responsible for any actions taken by a person who logs into the Website using your user name and password.
6. Obligations On Care Providers
- 6.1 You accept that we may carry-out the following background checks on you:
- 6.1.1 enhanced DBS (Disclosure and Barring Service) checks;
- 6.1.2 identity checks;
- 6.1.3 right to work and documents check (including but not limited to; – passport, driving license and visa);
- 6.1.4 adverse history check; and
- 6.1.5 reference checks, both professional and personal.
- 6.2 You will provide to us any references and vetting information, which we may require and recognise that you will not become a Registered User until all checks have been satisfactorily completed. You further recognise that we may in our absolute discretion decline to register you if you fail our vetting checks, any stage of our application process or for any other reason.
- 6.3 You will keep the information you provide to us up to date by updating it via your account. Such information shall in particular include your availability to provide Care.
- 6.4 You will monitor your account regularly and will respond promptly to any contact from us or from Care Seekers.
- 6.5 You will not provide medical care or advice to any Care User.
- 6.6 You will provide Care in accordance with any terms agreed with Care Seekers, using your reasonable care and skill and in accordance with all relevant regulations and requirements.
- 6.7 You will arrive promptly to provide any Care which you have agreed to provide and will notify the Care Seeker in advance where you will be late or are unable to provide the Care which you have agreed to provide.
- 6.8 You will keep information about other Registered Users confidential.
- 6.9 You will abide by the “Starlight Healthcare Care Giver pledge” and the National Dignity Council “10 Dignity Do’s”, to provide the highest quality services.
7. Care Requirements
- 7.1 Requesting Care
- 7.1.1 When you request the provision of Care from a Care Giver the Care Giver will rely on the Care Description and on any information you may provide in messages to the Care Giver before the Care was provided. These should contain true, accurate, current and complete information about the Care required, including the nature of the Care and the location and time when it is required.
- 7.1.2 You will provide a safe working environment for Care to be provided, including any tools or other materials required.
- 7.1.3 You agree to pay the Fee specified on the Website for the provision of the care you require.
- 7.1.4 You agree that the Care Giver will not be requested to provide services beyond the Care requested in the booking via the Website. If the actual requirements do not match the Care requested, you understand that a Care Giver may refuse to continue providing services and that providing services beyond the Care requested may also put the Care User in danger.
- 7.1.5 You will not book and cancel bookings regularly or deliberately, in a way that would prevent the Care Giver from accepting other bookings.
- 7.1.6 You accept that we cannot guarantee to be able to find any Care Givers who are willing to provide the Care you require and that it is at the sole discretion of each Care Giver whether to accept or reject a booking for any reason.
- 7.1.7 You understand that selection of a suitable Care Giver is completely at your discretion and that we cannot guarantee that Care Givers who are prepared to provide the Care will be suitable for your requirements.
- 7.1.8 You acknowledge that we may in our absolute discretion refuse to continue allowing you to book Care from Care Givers who list their services on the Website.
- 7.2 Providing Care
- 7.2.1 If you wish to apply to become a Care Giver registered with the Website, you must submit an application to us. You do this by registering online and completing the application form. It is at our complete discretion whether we invite you for an interview, determine that you have passed the interview, submit your details for background checks or otherwise permit you to become a Registered User able to provide care via the Website.
- 7.2.2 Once you have an active profile on the Website, you acknowledge that it is at the Care Seeker’s discretion whether or not your services are requested.
- 7.2.3 You accept that we cannot guarantee that suitable opportunities to provide Care will be available for you and you further acknowledge that your placing on searches made by Care Seekers is at our absolute discretion and based on any factor we consider appropriate including but not limited to how long you have been a Registered User, your feedback and the amount of Care that you have successfully provided.
- 7.2.4 Where a Care Giver receives one or more requests to provide Care from Care Seekers, the Care Giver shall promptly consider the requests, decide which, if any, to accept and notify each Care Seeker accordingly
via the Website.
- 7.2.5 Once a booking request has been accepted, the Care Seeker and Care Giver shall communicate directly to discuss any details for the fulfilment of the Care by the Care Giver. You agree that nothing in any communications between you and the other Registered User shall vary the specification of the Care or the Fee.
- 7.2.6 Should a Care Giver choose to accept any of the booking requests, the Care Giver shall confirm such acceptance via the appropriate mechanism on the Website. Acceptance of the booking request in this way shall be a legally binding acceptance, which forms a contract between the Care Giver and the Care Seeker (the Contract). For the avoidance of doubt, we shall not under any circumstances be a party to the Contract.
- 7.2.7 You agree that the Contract shall be deemed to include terms to the effect that:
- (a) the Care Giver shall carry out the Care with reasonable care and skill and in accordance with the Care Description (save as otherwise agreed between the Registered Users);
- (b) neither party shall assign, sub-contract or otherwise part with its rights and/or obligations under the Contract;
- (c) such Contract is governed by English law; and
- (d) in performing its respective obligations under the Contract each party shall comply with these Terms, particularly that any payment to be made by the Care Seeker to the Care Giver shall be made in accordance with the payment mechanism set out in these Terms.
- 7.2.8 Where a Care Giver accepts a booking request via the Website, the Care Giver will receive payment typically within 48 hours of the date when the Care was due to be provided.
- 7.2.9 You acknowledge that we do not check or verify any details submitted by Care Seekers and that we cannot guarantee that the information provided in their profiles or description of Care required are correct.
- 7.2.10 Care Givers may be provided with ratings by Care Seekers in respect of Care provided on a range of measures, which are subject to change. These ratings may be interpreted by the Website automatically into a rating score or be submitted by us based on verbal feedback received from the Care Seeker. We do not have control of the ratings provided and cannot guarantee that they accurately represent the level of Care that you have provided. We do not monitor the Care provided by Care Givers but from time to time may contact Care Seekers to discuss the Care provided. We reserve the right to moderate feedback if we feel it may be inaccurate or inappropriate or constitute abuse or misrepresentation for any reason. You accept the ratings provided by Care Seekers as reflecting their opinion and have no right or recourse to us or to Care Seekers should their opinion adversely impact the number of bookings/enquiries you receive and so the earnings you can achieve from operating via the Website. Care Givers must not approach Care Seekers or Care Users regarding their feedback ratings.
- 7.2.11 In order to receive payment the Care Giver must set up an account with the Website’s payment service provider, currently Stripe Payments Europe Limited, and accept their terms and conditions. We are not party to this contract and you should read their terms and conditions here and accept them. We give no assurance as to the suitability or appropriateness of the payment service provider.
- 7.2.12 Under no circumstances should you agree that any payment or other form of consideration shall pass between you and the other Registered User except via the Website. The Fee must be paid in accordance with these Terms. In the event that you and the other Registered User wish to agree that additional payment should be made in respect of expenses incurred by you (for example in respect of purchases made on behalf of a Care Seeker) it is for you to determine the most appropriate method of payment and not our responsibility.
- 7.2.13 The Care Giver acknowledges that in certain circumstances we may in our discretion make a refund of the Fee (including any element deducted as our Commission) to the Care Seeker in accordance with these Terms and agree that we may do so by taking payment from the Care Giver’s account with our payment service provider. In the event that such a payment is refused the Care Giver shall immediately make full payment to us of the Fee.
- 7.3 Performance of the Care and release of Payment
- 7.3.1 Once a request for Care has been accepted by a Care Giver, the Care Giver will perform the Care required. For the avoidance of doubt, we shall take no part in performance of the Care or in the management, direction, control or monitoring the provision of the agreed Care, save that the Care Seeker and Care Giver arrange the time and location of the booking and may communicate via the Website.
- 7.3.2 We have no control over the quality, timing, legality, failure to provide or any other aspect whatsoever relating to the Care provided and how it is performed by Care Givers, nor as to the integrity, responsibility or the actions or omissions of any Registered Users.
- 7.4 Payment of the Fee
- 7.4.1 The Fee includes the money due to us for the provision of the Website and other services in accordance with these Terms (the Commission). Payment will be net of any Commission due to us and any fees applied by Stripe Payments Europe Limited or any other the payment service provider.
- 7.4.2 If a Care Seeker, within a reasonable period of when Care was to be provided, makes a complaint about the Care provided by a Care Giver or that the Care was not in fact provided we may in our absolute discretion refund the entire amount of the Fee to the Care Seeker. Registered Users acknowledge that it is at our discretion to determine when a refund to a Care Seeker may be due.
- 8.1 We merely offer a facility for Registered Users to locate each other and communicate and to process payments and we are not obliged to have any involvement in any dispute between Registered Users. Nevertheless, in the event that a dispute arises, we recommend that Registered Users should first try to resolve the dispute themselves. If a concern or complaint is raised with us, it is in our absolute discretion what action we deem appropriate to take. Any action will be in line with our concerns, complaints and abuse procedures outlined in our guidelines to Registered Users and determined by the nature of each dispute. We reserve the right where we in our absolute discretion consider it appropriate to notify an appropriate authority or regulator to protect the interests of our Registered Users and you accept this overrides any data protection or other confidentiality obligations.
- 8.2 Disputes regarding payment of the Payment to the Care Giver are governed by clause 7.
- 9.1 We do not verify the identities of any Care Seekers and we are not responsible to you should any Registered User give inaccurate information to you.
- 9.2 You are responsible for your own personal safety when meeting a Registered User and we hope that you would take all precautions you would normally take when meeting anyone for the first time.
- 9.3 You take all responsibility for contact between you and another Registered User, acknowledge to us that such contact is at your own risk and that we are not responsible for any such contact.
10. Use Of The Website
- 10.1 Availability of the Website
- 10.1.1 We will use our reasonable endeavours to make the Website available for you to access over the internet. From time to time the Website may nevertheless be unavailable if we carry out routine maintenance or repairs or due to the unavailability or failure of the internet.
- 10.1.2 We do not give any promise that the Website or the service it provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged.
- 10.2 Prohibited uses
- 10.2.1 You may not use the Website:
- (a) in any way that breaches any applicable local, national or international law or regulation;
- (b) that may damage our reputation or that of the Website;
- (c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- (d) for the purpose of harming or attempting to harm minors in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- (e) for the purpose of harming or attempting to harm vulnerable adults or any other Registered User in any way or to solicit personal information from them or solicit passwords or personally identifying information for commercial or unlawful purposes;
- (f) to harvest or collect email addresses or other contact information of other users of the Website by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam);
- (g) to transmit, or procure the sending of Spam;
- (h) to send, knowingly receive, upload, download, use or re-use any material which:
- (i) is inaccurate;
- (ii) expresses an opinion which is not genuinely held;
- (iii) contains any material which is defamatory of any person;
- (iv) contains any material which is obscene, offensive, hateful or inflammatory;
- (v) promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (vi) infringes any copyright, database right or trade mark of any other person;
- (vii) is likely to deceive any person;
- (viii) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- (ix) is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
- (x) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; and/or
- (xi) to use automated scripts to collect information from or otherwise interact with the Website.
- 10.2.2 You also agree:
- (a) not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms;
- (b) that in submitting or uploading any material to the Website you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us (if this is not the case);
- (c) not to access without authority, interfere with, damage or disrupt:
- (i) any part of the Website;
- (ii) any equipment or network on which the Website is stored;
- (iii) any software used in the provision of the Website; or
- (iv) any equipment or network or software owned or used by any third party; and
- (d) not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- 10.2.1 You may not use the Website:
- 10.3 Copyright
- 10.3.1 All material on the Website is protected by copyright. You may view pages of the Website on screen and may print or download extracts of them for your own personal use.
- 10.3.2 You may supply a copy of any such extract to any third party provided that:
- (a) the extract is for their own personal use;
- (b) the extract is not supplied as part of or included in another work, website or publication;
- (c) the extract is not supplied either directly or indirectly in return for commercial gain; and
- (d) the third party is made aware that the source of the copy is the Website and that these terms and conditions apply equally to them.
- 10.3.3 No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
- 10.4 Content of the Website
- 10.4.1 We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. We do not, however, give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, Registration Data provided by Registered Users).
- 10.4.2 The Website includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content).
- 10.4.3 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
- 10.4.4 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them.
- 11.1 Personal Information
- 11.1.1 When you use the Website, in particular if you are a Registered User, you may provide us with personal information about you such as your name, address, date of birth, telephone numbers and email address (Personal Information). We are committed to protecting your privacy, and will only use your Personal Information in accordance with the Data Protection Act 1998 and any other relevant laws and regulations.
- 11.1.2 You are entitled by law to ask for a copy of your Personal Information at any time by writing to us at the postal or email address set out in clause 1. We may charge you a fee for this which may not exceed £10. You are entitled to ask us to correct or update your Personal Information at any time by contacting us at the address above.
- 11.2 Uses made of the Personal Information
- 11.2.1 We (and our representatives) may use your Personal Information for the purposes of:
- (a) carrying out our obligations under these Terms;
- (b) authorising payments and/or a bill or receipt to you;
- (c) maintaining the account you hold with us;
- (d) ensuring that the Website is presented in the most effective manner for you and your computer;
- (e) providing you with information, products and/or services that you request from us or which we feel may interest you, where you have consented to be contacted for such a purpose;
- (f) notifying you about a change to the Website or our services; and
- 11.2.2 If you do not want us to contact you in the way set out at 11.2.1(e) you can “opt out” by indicating this when submitting email forms on the Website or by emailing us at any time at the address set out in clause 1.
- 11.2.1 We (and our representatives) may use your Personal Information for the purposes of:
- 11.3 Disclosure of your information
- 11.3.1 You consent to us (and our representatives) disclosing your Personal Information to third parties:
- (a) in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets;
- (b) if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply such other terms as apply to our relationship, or to protect the rights, property, or safety of our customers, ourselves or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
- (c) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website.
- 11.3.1 You consent to us (and our representatives) disclosing your Personal Information to third parties:
- 11.4 Cookies
- 11.4.1 Certain parts of the Website use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer’s hard-drive when you visit such websites. Cookies can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information that you have personally supplied.
- 11.5 Security
- 11.5.1 The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security seriously and will use our reasonable endeavours to protect the integrity of your Personal Information.
- 11.5.2 If you register to use secured parts of the Website, in particular if you have an account with us, you may be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately at the address provided in clause 1 above. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account until your identity has been verified and the account has been satisfactorily secured.
- 11.5.3 The Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
12. Our Liability
- 12.1 You acknowledge that where you agree to perform Care or to engage a Registered User to perform Care this is an agreement between you and the other Registered User and we shall not be a party to that agreement or have any liability in relation to it.
- 12.2 You shall not involve us in any proceedings or other dispute between you and the other Registered User and you agree to indemnify us and hold us harmless against any loss, damage or costs we incur as a result of becoming involved in any dispute between you and another Registered User.
- 12.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to:
- 12.3.1 if you are a Care Seeker and the breach is in respect of particular Care, the Fee that you paid in respect of that Care; or
- 12.3.2 in any other case, £100.
- 12.4 We are not responsible for indirect losses (even if foreseeable) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us. We shall not be liable for:
- 12.4.1 loss of income or revenue;
- 12.4.2 loss of business;
- 12.4.3 loss of profits or contracts;
- 12.4.4 loss of anticipated savings;
- 12.4.5 loss of data; or
- 12.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- 12.5 Nothing in these Terms shall limit in any way our liability for:
- 12.5.1 death or personal injury caused by our negligence;
- 12.5.2 fraud or fraudulent misrepresentation; or
- 12.5.3 any other matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.
- 13.1 Registered Users shall not:
- 13.1.1 if a Care Seeker, within 12 months after the later of receiving contact details of a Care Giver and last engaging the Care Giver, employ or engage (as an independent contractor or on any other basis), or offer to employ or engage, in any way any Care Giver who has been introduced to you by us, whether to perform Care or for any other reason, other than via the Website and in accordance with these Terms;
- 13.1.2 if a Care Giver, within 12 months after the later of receiving contact details of a Care Seeker and last providing Care to that Care Seeker become employed or engaged (as an independent contractor or on any other basis) or offer to become employed or engaged, in any way by any Care Seeker who has been introduced to you by us, whether to perform Care or for any other reason, other than via the Website and in accordance with these Terms.
- 13.2 Clause 13.1 does not apply where you came into contact with the Registered User separately than through this Website and were not aware, and could not reasonably have been expected to be aware, that that person was a Registered User of the Website.
- 13.3 If you breach clause 13.1 you shall disclose to us all details relating to the agreement between you and the other Registered User and you shall make payment to us of the Fee that would otherwise have been payable had you engaged (or been engaged by) the Registered User through the Website in accordance with the Terms. In the case where both the engaging and engaged parties are liable under this clause 13.3, liability shall be joint and several.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to the address or email set out at clause 1 above. We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of the Website which allows you to update your registration details). Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.
16. Transfer Of Rights And Obligations
- 16.1 The contract between you and us is binding on you and us and on our respective successors and assigns. The contract is personal to you. A Care Giver may not arrange for any third party to carry out Care which the Care Giver has agreed to provide and a Care Seeker may not arrange for any Care which the Care Giver has agreed to provide to be provided to any person other than the Care User.
- 16.2 You may not transfer, assign, charge or otherwise dispose of your interest in the contract between us, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge or otherwise dispose of our interest in the contract, or any of our rights or obligations arising under it, to any person who acquires the whole or the relevant part of our business.
17. Events Outside Our Control
- 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
- 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 17.2.1 strikes, lock-outs or other industrial action;
- 17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 17.2.5 impossibility of the use of public or private telecommunications networks; or
- 17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 17.3 Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
- 18.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 18.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
- 20.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.
- 20.2 We each acknowledge that, in entering into these Terms, neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.
- 20.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
21. Our Right To Vary These Terms
- 21.1 We have the right to revise and amend these Terms from time to time without notice to you.
- 21.2 You will be subject to the policies and terms and conditions in force at the time that you post, apply for or accept Care, or otherwise access the Website, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Cares previously posted, applied for or accepted by you).
22. Law And Jurisdiction
Even though the contract concluded between you and us on these Terms relating to your use of the Website is concluded over the internet, you and we agree that it has been concluded in England in writing. This contract, and any associated non-contractual disputes or claims, are governed by English law and you and we each accept the exclusive jurisdiction of the English courts.