Terms and Conditions
IMPORTANT LEGAL NOTICE
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR WEBSITE.
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.iCaring.co.uk (the “Website”) and to any correspondence by e-mail between us and you. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. By using this Website you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions. These terms do not govern the contractual relationship between us and any business partner, advertiser or affiliate, other than in his/ her capacity as a Website visitor or member of the Website.
This notice is issued by iCaring Ltd 7141929 (the “Company”).
We run the Website which offers an online meeting platform for individuals, parents, families, and care providers throughout the territory of the United Kingdom. Care providers can advertise their services and individuals, families, employers and care providers can search through our directory to find a local care worker.
The following defined terms shall have the meanings set forth below:
“Care Provider” means any person or organisation which uses the Website in order to offer their services. Care Providers listed on the Website are divided into six categories: (i) “Childcare”; (ii) “Elderly Care”; (iii) “Adult Care”; (iv) “Youth Care”; (v) “Specialist & Terminal Care”; and (vi) “Domestic and Home Support Care”. Each category is further subdivided as follows:
Childminder; Child Carer (Support Worker Physical Disabilities); Child Carer (Support Worker Learning Disability); Child Carer (Support Worker Learning Difficulties); Early Years Practitioner; House Manager/ PA; Maternity Nurse / Midwifery; Mothers Help; Maternity Nurse; Nanny; Au Pair; Nursery Nurse; Play Worker.
Elderly Care worker (Companion); Elderly Care worker (Personal Care); Elderly Care worker (Dementia/ Alzheimer’s); Key worker/Support worker; Health care assistant; Personal assistant; Residential care worker; Senior care worker; Homecare worker; Family support worker; Community care officer; Care manager; Geriatrician; Physiotherapist; Occupational Therapist; Holistic Therapist; Music Therapist, Art Therapist.
Adult Care Worker; Adult Care Worker (Physical Disability); Adult Care Worker (Learning Disability); Adult Care Worker (Learning Difficulties); Adult PA; Adult Personal Care Assistant; Adult Outreach Worker/ Support Worker; Home Care Organiser; International Social Worker; Key Worker; Personal Advisor; Probation Officer; Social Worker; Social Worker (Day Care Settings); Social Worker (Education Setting); Social Worker (Healthcare Settings); Social Worker (Mental Health Settings); Social Worker (Residential Settings); Physiotherapist; Occupational Therapist; Holistic Therapists; Art Therapist; Music Therapist; Dance Therapist.
Youth and Community Worker; Youth Care Worker (Physical Disabilities); Youth Care Worker (Learning Disabilities); Youth Care Worker (Learning Difficulties); Youth Key Worker/ Outreach Worker; Care Worker (Mental Health); Home Care Organiser; International Social Worker; Personal Advisor; Probation Officer; Social Care Assistant; Social Worker; Social Worker (Day Care settings); Social Worker (Education Setting); Social Worker (Foster Team); Social Worker (Healthcare Settings); Social Worker (Mental Health Settings); Social Worker (Residential Settings).
Specialist & Terminal
Care Nurse; Care assistant; Health Care Assistant; Personal Assistant; Day Care Assistant; Residential Care Worker; Support worker; Senior Care Worker; Homecare Worker; Family Support Worker; Community Care Officer.
Domestic and Home Support Care
Cleaner; House Keeper; Gardener; Chauffer / Driver; Chef; PA; Au Pair.
“Employer” means any person who uses the Website or Services for the purpose of finding a Care Provider;
“Member” means either a Care Provider or Employer;
“Registration” means the process that each person must complete to be registered as a Member of the Website, in order to utilise the Services;
“Services” means the services which the Company has agreed to provide to the Members as per the terms of this document; and
“Website” means www.iCaring.co.uk.
2.1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register with us.
2.2. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
2.3. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.4. The Company reserves the right to:
(a) change the appearance and design of the Website, including removing or discontinuing any content or feature of the Website; and
(b) impose or change fees, charges or other conditions for use of the Services or parts thereof.
3.1. When you register yourself as a Care Provider or Employer on the Website, you are allowed to utilise the Services and display and promote your profile as permitted by us. All profiles submitted are reviewed by our editorial team before they are published on our Website. We reserve the right to edit profiles to ensure that they meet our editorial guidelines. User profiles are in the public domain and the content of profiles may appear in internet search engines.
3.2. The following information is required from you at the time of Registration: Name; DOB; address; telephone number; gender; chosen password; email address; member status (Care Provider/Employer?); and organisation name (if applicable).
Additional information is requested from Members when they create a profile for use on the Website relating primarily to the qualifications, experience and availability for work of Care Providers. The aforementioned list is not exhaustive and we reserve the right to ask you for additional information at the time of or after Registration.
3.3. Each registered profile is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
3.4. Responsibility for the security of any passwords issued rests with you. You hereby agree to accept responsibility for all activities that occur through your account or password. You should tell us immediately if you believe another person has accessed your account without your authority or log in to your account and change your password.
3.5. You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.
4. ACCEPTABLE USE POLICY
You agree to comply with the following acceptable use policy that governs your use of the Website:
4.1. You shall be solely responsible for the content you submit and all risks and responsibilities of posting or publishing such content. Profiles and advertisements displayed on the Website are provided by the Members and third parties and may not always be reviewed by us. We accept no responsibility or liability for the contents of profiles or advertisements and expect Care Providers and Employers to carry out their own verification procedures in relation to the authenticity and truthfulness of all material provided on the Website by Members. The Company reserves the right to review the content included on the Website from time to time and may edit or delete it if deemed necessary.
4.2. Profiles of Care Providers and Employers as displayed on the Website must not contain any contact information in them, including but not limited to email addresses, telephone numbers or addresses, website links, html code, offensive material etc. We reserve the right to syndicate Member profile information to other websites, affiliates and partners and profile information may appear on other websites in addition to the Website.
4.3. We offer the facility of a web based private messaging system on the Website which is available to Members only. Unless expressly authorised by us, Members may not use any other mode of initial communication other than the private messaging system. Messages sent using the private messaging system are not moderated and we are not responsible for the content of such messages. Private messages can contain contact information such as email addresses and telephone numbers of the Members concerned. Private messages must not be used to send spam or other unsolicited messages. Messages must be used solely as a communication medium between the Care Provider and the Employer and not as a means to promote or advertise services of a commercial nature. Messages must not contain material of a derogatory or defamatory nature. Messages sent and received may be read by iCaring.co.uk staff.
4.4. We do not endorse any content provided by Members or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with the contents of Member profiles. We do not permit copyright infringing activities and infringement of any other intellectual property rights on the Website, and we will remove all Member content if properly notified that any such content infringes on other's intellectual property rights or contains false information.
4.5. You will not use the Services in a manner, which violates any national or international law or regulation, or which fails to comply with accepted internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.
4.6. You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user’s use of our Website.
4.7. We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.
5. EMPLOYERS’ OBLIGATIONS
5.1. You will not disclose any information that was provided to you by us and you will use your best efforts to guard Care Provider privacy. We supply information to you for your personal use and it must not be directly or indirectly used for any commercial purpose including, but not limited to, resale or further distribution to a wider audience.
5.2. You will be solely responsible for the employment of a Care Provider and verification of their identity and any other information delivered to you or displayed over the Website relating to that Care Provider. We have no control over the accuracy of any posting on the Website or any transmission through it by any Care Provider. In addition, we will make no effort to verify the identity of any Care Provider, or confirm the validity of their qualifications or experience.
5.3. You shall indemnify us against all costs, claims or liabilities incurred or arising out of any engagement by you of the Care Provider and/or as a result of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage, or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to the engagement of the Care Provider by you.
5.4.You agree that you will not during your Membership, or, within one year of its termination, by any means and either for itself or for any other person, directly or indirectly, advise, instruct, do or assist in any activity the effect of which is to promote similar or competitive websites to that of www.iCaring.co.uk.Nothing in this paragraph shall have the effect of restricting any person from seeking care support from an alternative source
5.5. You understand that when you register with the Website, you will be asked to provide us with certain information, including information of a personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of all or any personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the European Economic Area.
6. CARE PROVIDERS’ OBLIGATIONS
6.1. You agree that our role is only to introduce you to the Employers. We do not guarantee any recruitment or other kind of engagement by an Employer which will depend upon the absolute discretion of any Employer as per the procedures set out by that Employer. If selected, you will be under the supervision, direction and control of the Employer without any liability upon us.
6.2. You understand that you are not our agent, employee, partner or in any other relationship with us, and you do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us.
6.3. You will not mislead Employers to believe that you can provide a service which is outside your field of expertise.
6.4. You have supplied and will continue to supply true and correct information about yourself for the purposes of this agreement. You further undertake that you have all qualifications and registrations, whether medical or occupational and education, training, skills, CRB checks and employment experience for the purpose required by the Employer as communicated to us in profile. All the certificates and information as may be required in support of your undertaking will be self verified by you to be true and correct.
6.5. You will indemnify us for any breach of these terms on your part.
6.6. You understand that when you register with the Website, you will be asked to provide us with certain information, including information of a personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of all or any personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the European Economic Area.
6.8. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties.
6.9. You will have sole responsibility for the verification of any Employer’s identity, credentials and other relevant information delivered to you by such Employer.
6.10. You undertake to provide the services as per the governing law in the United Kingdom, in addition to the provisions of the Care Standards Act 2000. You also undertake to hold any registration and a valid licence from an appropriate authority or authorities as may be applicable for the services you provide.
Childminders in the UK must be registered with Ofsted and childminders in Wales must be registered with CSSIW (Care and Social Services Inspectorate Wales). Childminders in Scotland must be registered with the Care Commission.
7. MEMBERSHIP FEES
7.1. Current fees are published on the Website but ‘may be’ varied from time to time and maybe subject to notice.
7.2. All payments made via our website are handled by PayPal, our payment provider. iCaring.co.uk do not see or store your payment card details.
7.3. All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
8.1. You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
8.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 8.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
8.3. Subject to clause 8.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
9. SERVICE ACCESS
9.1. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
9.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
9.3. We reserve the right to suspend or terminate your access to the Website due to a breach of any or all of these terms and conditions on your part.
10. VISITOR MATERIAL AND CONDUCT
10.2. You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or (e) which constitutes an advertisement or material of a commercial nature for third party services, whether these services are provided by the Website’s competitors or not.
10.3. You may not misuse the Website (including, without limitation, by hacking).
10.4. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 10.2 or clause 10.3.
11. ACCOUNT TERMINATION POLICY
11.1. You understand and agree that we retain the right, at our sole discretion, to terminate any and all parts of the Services without any refund on immediate notice to you in certain circumstances. We may terminate your access to and use of the Website if you are determined to have breached these terms and conditions or any instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:
(a) breaches or violations of these terms in addition to other instructions or guidelines that we may issue;
(b) requests by law enforcement or other government or regulatory authorities;
(c) your violation of third party copyrights or other intellectual property;
(d) sending spam messages via our messaging system or messages containing advertisements for third party services; or
(e) notifying your internet service provider that emails we have sent you are junk or spam.
11.2. If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:
(a) facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and
(b) bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.
12. LINKS TO AND FROM OTHER WEBSITES / INTELLECTUAL PROPERTY
12.1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
12.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Company trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
12.3. The Company expressly reserves the right to revoke the right granted in clause
12.2 for breach of these terms and to take any action it deems appropriate.
12.4. You shall fully indemnify the Company for any loss or damage suffered by the Company for breach of clause 12.2.
12.5. Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Website and provided either by us or by any other Member or third party shall remain the sole property of us or any other content provider, as the case may be. You acknowledge and agree that certain products, services or business names contained within the Website may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries.
13.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy, completeness or truthfulness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
13.2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
13.3. Much of the content provided on the Website is submitted (and thereby published) by the Members and third parties. We are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such content.
13.4. We take no responsibility for the wrongful use of any information published on our Website by any person.
13.5. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the content available from this Website.
14.1. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
14.2. Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
14.3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
14.4. You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have previously paid to us.
You agree to defend, indemnify and hold harmless us, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:
(a) your failure to comply with the law of any country;
(b) the posting by you of any content on the Website;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(d) the posting by any third party with or without your knowledge of any material, using your profile, on the Website;
(e) any use of the Website for a purpose forbidden by these terms;
(f) your violation of any of these terms;
(g) any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
16. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
17.1. Any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
17.2. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions.
17.3. Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately).
17.4. No failure or delay by either party in exercising any of their rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.5. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.6. Any dispute arising under or in connection with these terms shall be referred to arbitration by a single arbitrator appointed by us.
"I have read and understood the Company’s terms and conditions, and I agree to abide by them. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person has agreed that I may join the Website."