Introduction

1. The Choose Your Carer website (the Site) is owned and operated by Choose your carer,  a company registered in England and Wales with registered number 09000713, registered office at 15 Pochard Close, Kidderminster, DY10 4UB (Choose Your Carer, we, us). By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us at 01562 229 122 or info@chooseyourcarer.co.uk

2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

3. Users of the Site may be carers (Carers) who wish to register to seek to provide care services, or individuals who require care services for themselves or on behalf of a third party (Clients).  The Site enables introductions between Carers and Clients.  Choose Your Carer does not act as principal in any transaction, nor as agent for either party, nor are we party to any binding agreement between the Carers and Clients in relation to the provision and/or receipt of care services.   
4. Choose Your Carer operates as an introductory agency under the Care Quality Commission Guidelines.  We introduce Carers to Clients. Client then take full responsibility for the provision of their own care under a personal budget or private arrangement.  Choose Your Carer does not employ carers, select or allocate carers, prepare care packages, or provide medical advice, treatment and/or other care services.

Registration

5. To register and use this Site you must live in the United Kingdom,  be at least 18 years old and legally able to enter into a contract in the United Kingdom.  
6. When you register with the Site you will create a username and password to access and use certain areas of the Site. You will also provide us with your email address and other personal contact details. You must provide us with accurate account information. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account. You shall immediately notify us of any unauthorised use of your account. You should close all browser windows at the end of each session and you should not use the “Remember Me” login feature when accessing the Site on a public or shared computer. We are not liable for any loss or damage arising from your failure to comply with this clause.
7. If you complete our application form to register as a Carer, we may telephone you to discuss your application.  We may then arrange an interview to ensure that you have the necessary qualifications and/or experience, rights to live and work in the UK, up-to-date DBS checks and appropriate references to carry out the role of carer.  You must immediately tell Choose Your Carer if your circumstances change.
8. If following the interview the Carer is accepted to offer care services on the Site, the Carer will have a profile on the Site which will include details of their experience, specialist areas and other relevant information.  This information is available on the Site to all users and Carers acknowledge that Clients will use this information to determine which carer to select.  Carers must ensure that all information you provide to us relates only to you and is true, accurate, current and complete; and you must keep all such information up-to-date.   If requested to do so, Carers must also provide a photograph for use on the Site.
9. If you register as a Client, you will be able to search our database of registered Carers based on postcode.   Once you have found a Carer that you wish to contact, you will be able to contact the Carer through the Site. Carers must promptly respond to contact from a Client. All interactions must be in English, and must not include any personally identifiable information, including but not limited to telephone numbers, email addresses, or postal addresses which enables users to avoid paying any fees due to us.  Users agree not to create or attempt to create any contractual agreements with other users introduced or otherwise found through the Site without notifying Choose Your Carer. If a user acts in this way, without prejudice to any other rights or remedies we may have, we may terminate that user’s account immediately without notice.  
10. You warrant that you have not copied the information or content you provide to us from anyone else, and you agree that we have the right and licence to use the information and content you provide to us in accordance with the provisions of these Terms.

The care services

11. Whilst Choose Your Carer makes reasonable efforts to check the information provided by Carers, Clients accept and agree that Choose Your Carer does not investigate the backgrounds of any Carer, including the qualifications and experience listed by Carers. Clients must take all necessary precautions in all interactions with Carers including taking references and carrying out your own background checks before engaging a Carer to provide care services. Accordingly, Clients agree that Choose Your Carer does not make any representation or warranty (a) as to the ability, competence, or quality of the Carers listed on the Site; (b) that the information provided by a Carer is true, accurate, current and/or complete.

12. We strongly recommend that Carers and Clients enter into a written, legally binding agreement to detail the services to be provided and the fee to be paid.  The Choose Your Carer standard form agreement can be used for this purpose.  It is the Carers responsibility to provide a copy of each signed care agreement to Choose Your Carer. Even if Carers and Clients do not enter a written agreement, if they agree that the Carer shall provide caring services to the Client, the Carer must immediately notify Choose Your Carer with full details of the agreement, including the identity of the Client, agreed fees and hours of service.

13. Clients must provide a safe, clean and appropriate venue to provide the caring services. Clients should review their home insurance policy to establish whether or not it covers provision of the care services.

14. Carers must comply with the Choose Your Carer Code of Conduct https://www.chooseyourcarer.co.uk/service-standards/ and  we recommend that Carers obtain and maintain public liability insurance. On request, Carers must provide a copy of such insurance to Choose Your Carer.

Fees

15. All payments by the Client must be made by via the Choose Your Carer secure online third party payment system.   Choose Your Carer shall also pay the Carer through such third party payment system. Carers and Client must not agree to the provision of services without payment to Choose Your Carer. Choose Your Carer may terminate the accounts of any Client or Carer who breaches or purports to breach the terms of this section; however, all introductory fees shall remain due for the life of any care agreement  between such Client and Carer.

Clients must not pay the Carer directly.  If a Carer receives or is requested to receive a payment from a Client, it shall promptly notify Choose Your Carer, and transfer all funds received as directed. If a Client is asked by a Carer to make a direct payment to the Carer, the Client shall promptly notify Choose Your Carer.

16. Clients shall pay all sums due in advance of the provision of the care by the Carer. If the care is for a fixed term, all fees are required to be paid in full in advance.  If the care is for an on-gong basis, fees are due monthly in advance as agreed via Choose Your Carer secure online third party payment system . Choose Your Carer shall pay such sums it receives from a Client  to the appropriate Carer on a monthly basis.

17. No refunds are paid for fees received.  Fees remain due for the contracted hourly rate irrespective of any purported termination by the Client save in accordance with the written care agreement.

18. We shall pay the Carer, at the frequency agreed, and the amount  agreed, received from the Client, minus our introduction fees for the period of the care agreement with the Client. The introducer’s fee reflects the introduction made by Choose Your Carer, and the management of the payment system.  The fee is spread over the life of any care agreement  with the Client.  Carers are responsible for all corporation tax, income tax and national insurance that is due on the fees they may receive from us.  Choose Your Carer is not an employment agency and Carers are required to be set up as self-employed.  

19. Clients must not pay the Carer directly.  If a Carer receives or is requested to receive a payment from a Client, it shall promptly notify Choose Your Carer, and transfer all funds received as directed. If a Client is asked by a Carer to make a direct payment to the Carer, the Client shall promptly notify Choose Your Carer.  Choose Your Carer may terminate the accounts of any Client or Carer who breaches or purports to breach the terms of this section; however, all introductory fees shall remain due for the life of any care agreement  between such Client and Carer.

Feedback

20. Clients can provide feedback to the Carer via a star rating system and through comments.  Clients agree to provide honest feedback that is not unlawful or otherwise defamatory. Choose Your Carer reserves the right to review such feedback before adding it to the Carer’s profile and can remove feedback at any time, but Choose Your Carer does not actively edit feedback and Choose Your Carer is not liable for any such feedback.

Disputes

21. We do not agree to attempt to resolve any disputes between a Carer and a Client; but for our records, we ask that you inform us of any such dispute at info@chooseyourcarer.co.uk.  If we incur any costs as a result of a Carer/Client dispute, either the Carer and/or the Client in question shall at our discretion be liable to meet such costs.

Use of the Site

22. The Site is made available for your own, personal use.  The Site must not be used for any illegal or unauthorised purpose. Users of the Site may not use any information obtained from the Site to contact, advertise to, solicit, or sell to any other user except in accordance with these Terms and in relation only to caring services.    

23. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.

24. Your interactions on the Site must not contain content that (a) promotes racism, hatred or physical harm of any kind against any group or individual; (b) harasses or encourages harassment of another person; (c) contains information that is inaccurate, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (d) contains inappropriate content, including sexual or violent content; (e) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; (f) infringes any third party rights, including copyright, trade marks or privacy; and/or (g) contains a virus or other malicious code.

25. You agree that we will be entitled to view the content of your interactions with other users. If we deem necessary, we may edit or remove any content for any reason, including within your profile or other interactions.  

Choose Your Carer Site Content

26. The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to Choose Your Carer (Content). All rights are reserved. You can view, print or download extracts of the Content for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Content without our permission.  The Site may contain information about caring services; you acknowledge that such content is for information only and you should not rely on it as advice.
27. The Site may contain links to websites operated by third parties.  We do not have any influence or control over any such third party websites and we are not responsible for and do not endorse any third party websites or their availability or content.

28. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not Choose Your Carer, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Liability and disclaimer – Your attention is particularly drawn to this clause

29. USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS. IF YOU ARE NOT SATISFIED WITH THIS SITE, OR THESE TERMS, YOUR ONLY REMEDY IS TO STOP USING THE SITE.  WE DO NOT WARRANT THAT: (A) CLIENTS WILL FIND AN APPROPRIATE CARER; AND/OR (B) CARERS WILL BE ENGAGED BY ANY CLIENT.  

30. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE DISCLAIM ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) UNDER STATUTE OR OTHERWISE IN RELATION TO THE SITE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SITE WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE EXCLUDED. CONSUMER STATUTORY RIGHTS ARE NOT AFFECTED.

31. CHOOSE YOUR CARER WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE SITE, FOR ANY (A) ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (B) LOSS OF REPUTATION; (C) LOSS OF DATA; OR (D) SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF CHOOSE YOUR CARER IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE SITE, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO £50.

32. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

Availability

33. We will use reasonable endeavours to make the Site available to you at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.

34. We reserve the right to remove any content or features from the Site for any reason, and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

Termination or Suspension

35. We may suspend or delete your account if (a) you have breached any provision of these Terms in particular in relation to payment of fees; (b) we cannot verify or authenticate any information you provide to us; (c) you fail to respond promptly to an enquiry from us or from another user; and/or (d) we determine that your conduct could damage our reputation.  

36. Any such  suspension or deletion will be without prejudice to any rights that we may have against you in respect of your breach of these Terms. If we delete your account, you may not re-register under a different name and you acknowledge that your content may be deleted.

General

37. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

38. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

39. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

40. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
41. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Updated 11th June 2018