TERMS AND CONDITIONS
Please read these Terms and Conditions carefully.
We are choosemycare.com Limited (we or us), a limited company registered in England and Wales under company number 06775223. Our registered office is at Station House, North Street, Havant, Hampshire PO9 1QU. Our main trading address is at 1000 Lakeside, North Harbour, Western Road, Portsmouth, Hampshire PO6 3EZ. Our VAT number is 998054272.
This agreement applies as between you, the User of our site and us, the owner of www.choosemycare.com (our site). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our site. If you do not agree to be bound by these Terms and Conditions, you should stop using our site immediately.
You should print a copy of these Terms and Conditions for future reference.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means any provider of care to persons of any age including, but not limited to, care homes and home care agencies;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of our site;
means any Content that is accessible without the payment of a Subscription Fee;
means a User who has created a Member Account and paid the Subscription Fee;
means collectively the personal information, payment information and credentials used by Members to access Member Content and / or any communications System on our site;
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
means the website that you are currently using www.choosemycare.com.
means a User who has created a Registered Client Account;
Registered Client Account
means collectively the personal information and credentials used by Registered Clients to access Registered Client Content and / or any communications System on our site;
Registered Client Content
means Content accessible only upon the creation of an Account, but not requiring payment of a Subscription Fee;
means collectively any online facilities, tools, services or information that we make available through our site either now or in the future;
means the sum of money paid by Members at yearly intervals to keep their Member Account active and to enable them to access Member Content;
means the period for which a subscription has been purchased and refers to one year;
means any online communications infrastructure that we make available through our site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users
means any third party that accesses our site and is not employed by us and acting in the course of their employment; and
2. Terms of Website Use, Website Acceptable Use and Privacy
3. Intellectual Property
3.1 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on our site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property, or that of our affiliates. By continuing to our site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 Material from our site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clause 6 of these Terms and Conditions apply.
4.1 A User can create a Registered Client Account by completing and submitting the client registration form on our site.
4.2 A User can create a Member Account by completing and submitting the member registration form on our site and paying the Subscription Fee.
4.3 Member registrations are subject to verification and acceptance by us. We will notify you by email in the event that your registration has not been accepted. Where a registration is not successful, we are under no obligation to disclose our reasons for rejecting it.
5. Use of Free Content and Registered Client Content
5.1 Users who are not Registered Clients or Members can only use the Free Content.
5.2 Registered Clients and Members can access the Registered Client Content.
6. Use of Member Content
6.1 Payment of a Subscription Fee grants you a licence to use all Member Content on our site for the duration of your subscription. You may use such Content in the following ways:
6.1.1 for personal purposes;
6.1.2 for commercial purposes; and
6.1.3 for educational purposes.
6.2 Under such a licence, you agree that:
6.2.1 you will not systematically copy Member Content from our site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless we have given you express written permission to do so; and
6.2.2 you may, as an employee of a recognised Care Establishment, use the Member Content of our site for internal training purposes (provided an appropriate reference is given for all Content so applied).
7. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from our site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
8.1 In order to access Member Content and/or Registered Client Content on our site you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use our site you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by us. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 When choosing your Username (if required to do so) you must adhere to the terms set out in our Website Acceptable Use Policy. Any failure to do so could result in the suspension and/or deletion of your Account.
9.1 Subscription charges commence on the date that we activate your subscription.
9.2 If paying by credit or debit card we will bill you upon activation of your subscription and yearly thereafter.
9.3 If we have agreed to bill you by invoice, we will send you an invoice upon activation of your subscription, and yearly thereafter. Invoices must be settled within 14 days of issue.
9.4 If your card payment is declined or you have not settled our invoice in accordance with 9.3, we reserve the right to suspend your access to Member Content or downgrade your Account (at our complete discretion) until payment has been made in full.
9.5 Your first payment will be at the price advertised on our site for the Membership level you have selected. We reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
9.5.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
9.5.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit our Membership Details page.
9.6 If you terminate your subscription or account you will continue to have access to the Member Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
9.7 You will be deemed to agree to a renewal of your subscription unless you give us at least 30 days€™ prior written notice of your intention not to renew. Such renewal subscription shall be for one year and shall otherwise be subject to the terms and conditions and at the price displayed on our site at the renewal date.
9.8 If you have subscribed in error you must inform us within 24 hours of subscribing by email to email@example.com and must not use our site or its Content during that time If any use can be traced to your Account, no refund will be provided.
10.1 Either we or you may terminate your Account and (where relevant) your subscription. If we terminate your Account or subscription, you will be notified by email. We do not have to give any reasons for our decision to terminate.
10.2 If we terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
10.3 If we terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
10.4 If we terminate your Account or subscription, you will cease to have access to Registered Client Content and Member Content from the date of termination.
10.5 If you terminate your Account or subscription, you will continue to have access to Member Content for the remainder of your Subscription Period as per Clause 9.6.
11.1 We make no warranty or representation that our site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Whilst every reasonable endeavour has been made to ensure that all information provided on our site will be accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.3 We are not responsible for any material created or submitted by Users of our site. No material created by Users is endorsed or otherwise supported by us. We assume no responsibility for any offence, loss or other harm resulting from material created or submitted by Users.
11.4 No part of our site is intended to constitute advice and the Content of our site should not be relied upon when making any decisions or taking any action of any kind.
11.5 Commercial use of the information on our site is permitted, however we make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.6 Whilst every effort has been made to ensure that all descriptions of services available from us correspond to the actual services available, we are not responsible for any variations from these descriptions.
12. Availability of our site
12.1 Our site is provided €œas is€ and on an €œas available€ basis. We give no warranty that our site will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 We accept no liability for any disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. Limitation of Liability
13.1 Our liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User€™s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our site or any information contained therein, to the maximum extent permitted by law, we accept no liability. Users should be aware that they use our site and its Content at their own risk.
13.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
13.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
We may vary these Terms and Conditions from time to time by notifying you by email and posting the new version on our site at least 14 days prior to such variation taking effect.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
All notices / communications shall be given to us either by post to our trading address (see above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19. Law and Jurisdiction
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.