Terms and Conditions - Care Seeker Agreement
We are Caresourcer Limited. Our registered company number is SC521303 and our registered office is at 51 Rae Street, Dumfries, Scotland, DG1 1JD. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our affiliates, and our and/or their employees, associated and contracted persons, and persons supplying services to us or them.
We provide connection services between those seeking care and care providers (the “Service”). The Service consists of the Caresourcer website.
Any person using the Service to promote their services (except us) shall be a “Care Provider “. As part of receiving the Service, you may from time to time upload information to the Service or otherwise provide us or other users of the Service with information relating to you (“Care Seeker Information“).
2. Service Content
We rely on Care Seekers to accurately describe their requirements for any care services for which they invite tenders from Care Providers through the Service (“Care Services“). We cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).
3. Use of the Service
You are responsible for ensuring that you are legally entitled to publish any information which you upload. You may only use the Service to invite tenders for genuine Care Services where you have authority to appoint one or more Care Providers and your intention is to do so subject to agreeing appropriate terms. You may not invite tenders for any Care Services which are not legal.
It is your responsibility to select a suitable Care Provider. We do not guarantee any specific Care Provider’s information, qualifications, or registration. We make no warranty regarding any goods or services purchased or obtained through listing a Care Service on the Service or any transactions entered into through the Service, and you should in all cases make your own enquiries. In particular, it is your responsibility to carry out appropriate checks on any Care Providers that you are considering engaging and to request evidence of relevant qualifications and registrations and has appropriately qualified and registered personnel to complete the Care Services prior to contracting. You should not engage any Care Providers without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Care Provider you find through the Service, you should not engage any Care Provider if you have any doubts or concerns about them.
We will not be a party to any contract made between you and any Care Provider and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Care Provider including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
When you invite Care Providers to tender for Care Services through the Service, we cannot and do not guarantee that you will receive any responses or that, if you do, any Care Provider that does respond will be suitable or able to undertake that Care Service.
You agree not to use the Service in any unlawful manner and in particular shall not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- publish, post, upload, distribute or disseminate (“Post”) any inappropriate, defamatory, abusive, infringing, obscene, discriminatory or otherwise unlawful material;
- Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
- Post any corrupted files, files that contain viruses, or any other code that may damage the operation of a computer or other electronic device;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted;
- cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired; or
- restrict or inhibit any other user from using and enjoying the Service.
You acknowledge and agree that if you breach any of the provisions set out in the section entitled ‘Use of the Service’ above, we may suspend or terminate your access to the Care Sourcer Website, and/or remove any content you have Posted, including content relating to Care Services.
4. Cancellation and Termination
UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 YOU HAVE A RIGHT TO CANCEL CERTAIN CONTRACTS FOR SERVICES WITHIN FOURTEEN (14) WORKING DAYS OF THE DAY AFTER THE DAY ON WHICH SUCH CONTRACTS ARE CONCLUDED. ADDITIONALLY, THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000 PROVIDE FOR A RIGHT TO CANCEL CERTAIN OTHER CONTRACTS, ALTHOUGH THIS RIGHT EXISTS FOR A SHORTER PERIOD. HOWEVER, IN BOTH CASES, THESE RIGHTS NO LONGER APPLY WHERE, AT YOUR EXPRESS REQUEST, THE SERVICE PROVIDER BEGINS TO PROVIDE THE REQUESTED SERVICE(S) BEFORE THE EXPIRY OF THE RELEVANT NOTICE PERIOD.
IF YOU USE OUR SERVICE, THIS CONSTITUTES AN EXPRESS ORDER BY YOU TO US TO POST THE INFORMATION YOU PROVIDE TO US ABOUT YOUR CARE SERVICES ON THE SERVICE, AND INVITE CARE PROVIDERS TO TENDER FOR IT, WHEN YOU SUBMIT YOUR CARE REQUEST.
Subject to the above, you may cancel a Care Service listing that you have posted at any time through the Care Seeker’s ‘dashboard’ on the main navigation. Click the care service you wish to cancel and then click the ‘Cancel’ button. If you wish to completely close your account and terminate this Agreement, you may do so by contacting us. This process will not affect any arrangements you have already entered into with a Care Provider.
It is not possible for us to review all websites which are linked to from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.
6. Use of Information
You are solely responsible for the content, accuracy, and completeness of the Care Seeker Information uploaded to the Care Sourcer Website and agree only to provide true, accurate, current and complete information.
You acknowledge that we may edit, modify or remove any parts of Care Seeker Information which we consider is in breach of any of the provisions of this Agreement, and/or suspend or terminate your access to the Service without notice.
By providing Care Seeker Information you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such materials, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You also waive any moral rights you have in the materials. Do not Post any materials on the Service that you would not want us to use in this way.
You consent to information about the device you use to access the Service being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your Care Seeker Information) from the Care Sourcer Website without our prior written permission.
7. Arrangements with Care Providers
Should you have a dispute with a Care Provider, you must address such dispute directly to the Care Provider concerned. However, in relation to a dispute as to the matching of care, you agree to notify the details of the dispute to us as soon as reasonably practicable.
We may decide to investigate any grievances held by you or by any Care Provider and may discuss any such investigation with all involved parties. We may take any lawful action we deem necessary in the event of a grievance, but likely outcomes of a grievance investigation include:
- you and the Care Provider being allowed to continue using the Service;
- your and/or the Care Provider’s access to the Service being suspended for a period of time;
- your and/or the Care Provider’s access to the Service being terminated and banned for a definite or indefinite period.
Save as provided above, we cannot be involved in your dealings with Care Providers and, in the event that you have a dispute with one or more Care Provider, you hereby release us from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
It is your responsibility to ensure that you are entitled to provide the Care Seeker Information and you therefore agree to indemnify us against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by us in connection with any actual or threatened claims of any kind (including but without limitation to any claim of trademark or copyright infringement, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from your provision of Care Seeker Information.
10. Limitation of Liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out above, we shall not be liable in contract, delict, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with this Agreement.
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register as both a “Care Seeker” and as a “Care Provider” then an aggregate cap only shall apply.
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and independently of the others. This clause 11 shall survive the termination of this Agreement.
11. Our Rights
We reserve the right at all times to edit, refuse to post, or to remove from the Care Sourcer Website any information or materials which we consider breaches or is likely to breach this Agreement, or which is or may be otherwise illegal or objectionable, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
Without prejudice to the generality of the above, we reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time and/or to terminate this Agreement immediately on notice in the event that you are in material breach of this Agreement.
In all other circumstances, we reserve our rights to: modify or discontinue temporarily or permanently all or part of the Service; terminate the provision to you of the Service or restrict your access to the Service; and/or terminate this Agreement at any time without notice for any reason whatsoever, without liability of any kind to you (provided always that any such termination shall be without prejudice to the rights and liabilities of each party accrued prior to such termination).
We may vary the terms of this Agreement from time to time and shall post the revised terms on the Care Sourcer Website. If you do not agree to the revisions made by us to the terms of this Agreement then you have the right to stop using Service, and should do so immediately. All revisions that we make to the terms of this Agreement shall become effective on the date four business days after the date on which the revised terms in question are posted on the Website. Your continued use of the Service after that date will constitute acceptance of the amended Agreement.
Clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
Any notice to be given under this Agreement may be given via e-mail, mail, or by hand to the address provided on the Care Sourcer Website or otherwise as notified by one party to the other.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no rights to enforce any of its terms.
This Agreement shall be subject to the laws of Scotland and the parties shall submit to the exclusive jurisdiction of the Scottish courts.