PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
*****General Terms******
2. Who
we are and how to contact us
a. QuoteForMyCare.co.uk
is a site operated by Quote For My Care Limited ("We"). We are a registered company in England and Wales.
b. To
contact us, please email legal@quoteformycare.co.uk.
3. By
using our site you accept these terms
a. By
using our site, you confirm that you accept these terms of use and that you
agree to comply with them.
b. If
you do not agree to these terms, you must not use our site.
c. We
recommend that you print a copy of these terms for future reference.
a.
The terms set
out below include the terms of use of our website, the terms applying between
us and providers and the terms applying between us and care seekers.
5. We
may make changes to these terms
a. We
amend these terms from time to time. Every time you wish to use our site,
please check these terms to ensure you understand the terms that apply at that
time. These terms were most recently updated on 27 September 2019.
6. We
may make changes to our site
a. We
may update and change our site from time to time to reflect changes to our
products, our users' needs and our business priorities.
7. We
may suspend or withdraw our site
a. Subject
to the terms set out below, our site is made available free of charge.
b. We
do not guarantee that our site, or any content on it, will always be available
or be uninterrupted. We may suspend or withdraw or restrict the availability of
all or any part of our site for business and operational reasons. We will try
to give you reasonable notice of any suspension or withdrawal.
c. You
are also responsible for ensuring that all persons who access our site through
your internet connection are aware of these terms of use and other applicable
terms and conditions, and that they comply with them.
8. We
may transfer this agreement to someone else
a. We
may transfer our rights and obligations under these terms to another
organisation. We will always tell you in writing if this happens and we will
ensure that the transfer will not affect your rights under the contract.
9. You
must keep your account details safe
a. If
you choose, or you are provided with, a user identification code, password or
any other piece of information as part of our security procedures, you must
treat such information as confidential. You must not disclose it to any third
party.
b. We
have the right to disable any user identification code or password, whether
chosen by you or allocated by us, at any time, if in our reasonable opinion you
have failed to comply with any of the provisions of these terms of use.
c. If
you know or suspect that anyone other than you knows your user identification
code or password, you must promptly notify us at legal@quoteformycare.co.uk.
10. How
you may use material on our site
a. We
are the owner or the licensee of all intellectual property rights in our site,
and in the material published on it.
Those works are protected by copyright laws and treaties around the
world. All such rights are reserved.
b. You
may print off one copy, and may download extracts, of any page(s) from our site
for your personal use and you may draw the attention of others within your
organisation to content posted on our site.
c. You
must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text.
d. Our
status (and that of any identified contributors) as the authors of content on
our site must always be acknowledged.
e. You
must not use any part of the content on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
f. If
you print off, copy or download any part of our site in breach of these terms
of use, your right to use our site will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made.
11. Do
not rely on information on this site
a. The
content on our site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action
on the basis of the content on our site.
b. Although
we make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that the
content on our site is accurate, complete or up to date.
12. We
are not responsible for websites we link to
a. Where
our site contains links to other sites and resources provided by third parties,
these links are provided for your information only. Such links should not be
interpreted as approval by us of those linked websites or information you may
obtain from them.
b. We
have no control over the contents of those sites or resources.
13. User-generated
content is not approved by us
a. This
website may include information and materials uploaded by other users of the
site, including to bulletin boards and chat rooms. This information and these
materials have not been verified or approved by us. The views expressed by
other users on our site do not represent our views or values.
b. How
to complain about content uploaded by other users
c. If
you wish to complain about content uploaded by other users, please contact us
on legal@quoteformycare.co.uk
14. Our
responsibility for loss or damage suffered by you
15. Whether you are a consumer or a business
user:
a.
We accept not liability in relation to your use
of our website or the services derived from our website. We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
16. If you are a business user:
a.
We exclude all implied conditions, warranties,
representations or other terms that may apply to our site or any content on it.
b.
We will not be liable to you for any loss or
damage, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
c.
use of, or inability to use, our site; or
d.
use of or reliance on any content displayed on
our site.
e.
In particular, we will not be liable for:
i. loss
of profits, sales, business, or revenue;
ii. business
interruption;
iii. loss
of anticipated savings;
iv. loss
of business opportunity, goodwill or reputation; or
v. any
indirect or consequential loss or damage.
17. If you are a consumer user:
a.
Please note that we only provide our site for
domestic and private use. You agree not to use our site for any commercial or
business purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
b.
If defective digital content that we have
supplied, damages a device or digital content belonging to you, we will not be
liable for such damage.
18. How
we may use your personal information
a. We
will only use your personal information as set out in our terms of conditions
relating to our privacy policy.
19. Uploading
content to our site
a. Whenever
you make use of a feature that allows you to upload content to our site, or to
make contact with other users of our site, you must comply with the content
standards set out in our Acceptable Use Policy described below.
b. You
warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
c. Any
content you upload to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
you grant us and other users of our site a royalty free, transferrable and
irrevocable licence to use, store and copy that content and to distribute and
make it available to third parties.
d. We
also have the right to disclose your identity to any third party who is
claiming that any content posted or uploaded by you to our site constitutes a
violation of their intellectual property rights, or of their right to privacy.
e. We
have the right to remove any posting you make on our site if, in our opinion,
your post does not comply with the content standards set out in our Acceptable
Use Policy.
f. You
are solely responsible for securing and backing up your content.
20. We
are not responsible for viruses and you must not introduce them
a. We
do not guarantee that our site will be secure or free from bugs or viruses.
b. You
are responsible for configuring your information technology, computer
programmes and platform to access our site. You should use your own virus
protection software.
c. You
must not misuse our site by knowingly introducing viruses, trojans, worms,
logic bombs or other material that is malicious or technologically harmful. You
must not attempt to gain unauthorised access to our site, the server on which
our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed
denial-of service attack. By breaching this provision, you would commit a
criminal offence under the Computer Misuse Act 1990. We will report any such
breach to the relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event of such a
breach, your right to use our site will cease immediately.
21. Rules
about linking to our site
a. You
may link to our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it.
b. You
must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
c. You
must not establish a link to our site in any website that is not owned by you.
d. Our
site must not be framed on any other site, nor may you create a link to any
part of our site other than the home page.
e. We
reserve the right to withdraw linking permission without notice.
f. The
website in which you are linking must comply in all respects with the content
standards set out in our Acceptable Use Policy.
g. If
you wish to link to or make any use of content on our site other than that set
out above, please contact legal@quoteformycare.co.uk.
22. Which
country's laws apply to any disputes?
a. If
you are a consumer, please note that these terms of use, their subject matter
and their formation, are governed by English law. You and we both agree that
the courts of England and Wales will have exclusive jurisdiction.
b. If
you are a business, these terms of use, their subject matter and their
formation (and any non-contractual disputes or claims) are governed by English
law. We both agree to the exclusive jurisdiction of the courts of England and
Wales.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
*****Terms applying between us and care providers seeking to provide care services to users of our website (INTRODUCER TERMS)******
This agreement is dated on the date on which the care
provider (below, known as the Supplier)
registered with our website using the sign up page on our website (http://www.quoteformycare.co.uk)
(upon submission of the signup application) and is made between the Supplier
and us (below, us being referred to as the Introducer).
BACKGROUND
Agreed terms
The following definitions and rules of interpretation apply
in this agreement.
Client:
means a person receiving Services from the Supplier who was regarded as a
Prospective Client but has subsequently become a client of the Supplier.
Commencement Date:
has the meaning given to it in clause 11.
Commission: has the
meaning given to it in clause 3.1.
Introduction: the
provision to the Supplier of the contact details of a Prospective Client who has
registered on the Website and is seeking the purchase of the Services from the
Supplier. Introduce,
Introduces,
and Introduced
shall be interpreted accordingly.
Website:
http://www.quoteformycare.co.uk.
1.3
Writing. A
reference to writing or written includes fax and e-mail.
1.5
Clauses
and schedules. References to clauses are to the clauses of this agreement.
3.2
Commission
rate. The amount of commission payable shall be at the rate of 50 pence
(FIFTY PENCE) per hour of care Services received under each Relevant Contract (as
it may be renewed, extended or amended) from its commencement date (Commission). The rate of the Commission may be amended
immediately upon notice by the Introducer to the Supplier and shall apply in
connection with subsequent Relevant Contracts following the issuance of the notice
of amendment.
(a) the
date it enters into a Relevant Contract;
(c) the
dates on which such Services are undertaken,
no later than 3 Business Days after entering into a
Relevant Contract or a change to a Relevant Contract.
3.4
Due date
for commission. Except where the procedures set out in clause 3.5 and clause 3.6 below have been followed, all Commission payable pursuant to clause 3.2 shall be due to the Introducer (whether invoiced or not) at the end
of the month in which the Supplier has undertaken the Services.
(a) the
Commission payable to the Introducer; and
(b) how
the Commission has been calculated, including details of all care hours
delivered to each Client. For the
avoidance of doubt, time spent by a Client in a residential or nursing home
facility shall be calculated from entry by the Client into the relevant
facility
3.6
Invoicing
of Commission. The Introducer shall invoice the Supplier for the Commission
payable in accordance with the Supplier's statement submitted pursuant to
clause 3.5 (or as determined by the Introducer following an audit of the
Services pursuant to clause 0), together with any applicable VAT, in which
case, notwithstanding clause 3.4 above, the due date for payment by the Supplier of such Commission
shall be seven days from date of the date of the invoice.
3.7
Taxes.
All sums payable under this agreement:
3.8
Interest
on late payments. If the Supplier fails to make any payment due to the
Introducer under this agreement by the due date for payment, then the Supplier
shall pay interest on the overdue amount at the rate of 6.5% per annum above the
Bank of England's base rate from time to time. Such interest shall accrue on a
daily basis from the due date until actual payment of the overdue amount,
whether before or after judgment. The Supplier shall pay the interest together
with the overdue amount.
Furthermore, the Supplier shall be subjected to a late payment
administration fee which shall also accrue interest in accordance with the
above provision.
(a)
inspect and audit all such accounts and records
and to take copies of them, including providing access to relevant rota
software (including permitting the Introducer to seek audit records from the
Supplier’s rota software service provider); and
(b) contact
Clients (and the Supplier shall include a term in the Relevant Contracts that
information regarding the delivery of the Services to Clients can be shared by
the Supplier to the Introducer),
in order that the Introducer can verify the extent of the Services provided
by the Supplier to Clients and Prospective Clients. If, following the carrying out of an audit,
the Introducer discovers that the Supplier’s information delivered pursuant to
clause 3.5
is incorrect, the Introducer shall notify the Supplier and the commission
statement shall be adjusted to reflect the Introducer’s adjustments.
3.11
Continuing
obligation to pay Commission. Termination of this agreement, howsoever
arising, shall not affect the continuation in force of this clause 3 and the Supplier's obligation to pay Commission to the Introducer in
accordance with it, including in respect of all ongoing Commission arising in
relation to the delivery of Services to Clients and Prospective Clients
introduced by the Introducer to the Supplier pursuant to this agreement.
4.
Obligations of the
Supplier
4.1
Good
faith. The Supplier must at all material times act in good faith towards
the Introducer.
5.2
Confidentiality
exceptions. Each party may disclose the other party's confidential
information:
6.
Compliance
(a) Agreed Purposes: provision of care
services.
Age, health, care requirements, location, name,
additional information.
(c) process
the Shared Personal Data only for the Agreed Purposes;
(b) promptly
inform the other party about the receipt of any data subject access request;
7.5
Indemnity. The Supplier shall indemnify the
Introducer against all claims and proceedings and all liability, loss, costs
and expenses incurred by the other as a result of any claim made or brought by
a data subject or other legal person in respect of any loss, damage or distress
caused to them as a result of any breach by the other party of the Data
Protection Legislation by it, its employees or agents.
(b) Fraud. Fraud or fraudulent
misrepresentation or wilful default.
(c) Liability under indemnities. Liability
under the indemnities contained in clause 7.5 and 4.4.
8.2
Limitations
of liability. Subject to clause 9.1 above:
(i)
any loss of profit, sales, revenue, or business;
(ii)
loss of anticipated savings;
(iii)
loss of or damage to goodwill;
(iv)
loss of agreements or contracts;
(v)
loss of use or corruption of software, data or
information;
This agreement shall commence on
the date on which the Supplier registers as a Care Provider on the Website (Commencement Date) and
shall continue until either party gives to the other party one weeks' written
notice to terminate. In such circumstances, the Supplier’s access to the
Website shall be terminated.
10.
Consequences of
termination
10.1
Clauses
to remain in force on termination. On termination of this agreement, the
following clauses shall continue in force: clause 1, clause 3, clause 5 and clause 13 to clause 23 (inclusive).
12.
Entire agreement
12.4
Fraud.
Nothing in this clause shall limit or exclude any liability for fraud.
13.
Variation
14.
Assignment and other
dealings
This agreement is personal to
Supplier and it shall not assign, transfer, mortgage, charge, subcontract,
declare a trust over or deal in any other manner with any of its rights and
obligations under this agreement without the Introducer’s written
consent. The Introducer may assign,
transfer, mortgage, charge, subcontract, declare a trust over or deal in any
other manner with any of its rights and obligations under this agreement
without the Supplier’s consent
17.
Notices
(a) if
delivered personally, when left at the address referred to in clause 20.1;
(d) or,
if sent by fax or email, one Business Day after transmission.
19.
Governing law
20.
Jurisdiction
This agreement has been electronically entered into on the
date of the Supplier’s registration with the Website as a care provider.