These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in the United Kingdom may use the compareyourcarer.com Site and/or the compareyourcarer.com Services, including related memberships and content (described below).
For purposes of these Terms, the “Site” shall mean the www.compareyourcarer.com web site and any UK affiliated websites, web pages, mobile applications and mobile websites operated by compareyourcarer.com Europe Ltd., a private limited company with the Registrar of Companies for England and Wales, with a registered address at Highlands House, Basingstoke Road, Spencers Wood, Reading, Berkshire RG7 1NT (Company number: 7813677) (“compareyourcarer.com”). The “Services” shall mean any of the various services that compareyourcarer.com provides through the Site or any other channels, including over the telephone.
1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
1.1. About Our Services
compareyourcarer.com’s mission is to provide an online venue for families and carers to connect with
each other,
arrange
care, and share advice.
We work to fulfill this mission by making available online communication tools, information, and an
extended
network of
care seekers
and carers that help our users find and coordinate quality care for children, older people, pets and
home. The
Services we
offer
include, among others:
Our Services continue to grow and change. Please refer to our Site for further information about the
Services we
provide.
1.2. Limitations of Our Services
compareyourcarer.com does not introduce or supply Carers to Care Seekers, nor do we select or propose
specific
Carers to
Care
Seekers or Care Seekers to Carers. Instead, we offer an online forum that among other things enables
Care Seekers
and
Carers
to interact regarding potential work opportunities. Through our Site, Care Seekers may post jobs
describing the
services
for
which they are seeking care, the terms of such services and related information, and Carers may post
profiles
describing
the
services they provide as well as their experience, training, qualifications and related information. Due
to the
difficulty
of
verifying information over the Internet, we do not and cannot reasonably verify the identity of Carers
or Care
Seekers or
the
information they provide. As such, we cannot reasonably verify the authenticity or completeness of job
postings or
whether
Carers have the experience, training, qualifications and authorisations they post in their profiles. Our
business
model
also
makes it unreasonable for us to perform reference checks on Carers as a general matter or confirm that
Carers are
suitable
to
work with the population they apply to work (e.g., children and older people). For example, we do not
check whether
Carers
have valid DBS/PVG checks. Any screening of a Care Seeker or Carer and his or her information by
compareyourcarer.com
through
verification checks, as further described in section 4, or otherwise, is limited and should not be taken
as
complete,
accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or carer.
Further, we do not have control over the quality, timing, or legality of the services actually delivered
by Carers,
nor of
the
integrity, responsibility or actions of Care Seekers or Carers. We do not make any representations about
the
suitability,
reliability, timeliness, and accuracy of the services provided by Carers or the integrity,
responsibility or
actions of
Care
Seekers or Carers whether in public, private or offline interactions.
Care Seeker and Carer content is primarily user generated, and we do not control or vet user generated
content for
accuracy
as
a general matter. compareyourcarer.com does not assume any responsibility for the accuracy or
reliability of any
information
provided by Carers or Care Seekers on or off this Site.
compareyourcarer.com is not responsible for the conduct, whether online or offline, of any user of
the Site or
the
Services. Moreover, compareyourcarer.com does not assume and expressly disclaims any liability that
may result
from
the
use of information provided on our Site or any other venue. All users, including both Care Seekers
and Carers,
do
hereby
expressly agree not to hold compareyourcarer.com (or compareyourcarer.com’s officers, directors,
investors,
subsidiaries,
agents, assignees, representatives, advertisers, marketing partners, licensors, independent
contractors,
recruiters,
corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or
omissions of
any Care
Seeker or Carer or for any information, instruction, advice which originated or services that were
arranged
through
the
Site, and, to the maximum extent permissible under applicable law, each Care Seeker and Carer hereby
irrevocably
waives
any right they may have to bring a claim against compareyourcarer.com and compareyourcarer.com and
its
Affiliates
expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies
that have
arisen or
may
arise, whether known or unknown therefrom.
1.3. User Responsibilities
As we do not verify the identity of or any information provided by Care Seekers or Carers (e.g., the
authenticity or
completeness of Care Seeker jobs or the qualifications, the experience or suitability of Carers,
etc.)
registered
users
are solely responsible for selecting an appropriate Care Seeker or Carer for themselves or their
family. For
Carer
Seekers
this should include: (i) interviewing Carers, (ii) verifying their identity via photographic ID,
asking for
proof of
experience, training, qualifications, authorisations and suitability for the position they are
applying
(including
requesting an enhanced DBS/PVG checks), and (iii) following up on references on the Carers they are
interested
in
hiring.
We recommend you ask Carers to bring to their interview photographic ID to verify their identity and
original
copies
of
documentation to verify their identity, experience, training and qualifications. Carers are solely
responsible
for
interviewing and verifying the identity of Care Seekers for whom they are considering working and
the terms of
engagement.
Please consider requesting Care Seekers to provide documentation to verify their identity and
character
references
from
previous employees or professionals that know them such as a solicitor. Please also visit our Safety
Centre
for
recommendations on how to make more informed hiring decisions. Any screening of a Care Seeker or
Carer and his
or her
information by compareyourcarer.com through verification checks, as further described in section 4,
or
otherwise, is
limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s
or entity’s
suitability as an employer or care provider.
Each Care Seeker is also responsible for complying with all applicable employment,
anti-discrimination and
other laws
in
connection with any relationship they establish with a Carer. Among other things, Care Seekers must
verify that
the
Carer
they select is legally entitled to live and work in the UK , and perform any other verification or
other checks
for
the
position they are hiring, such as identity, qualification, background and reference checks. In
addition, Care
Seekers
must
comply with all applicable anti-discrimination legislation including but not limited to the Equality
Act 2010.
Accordingly, Care Seekers shall not post any job that directly or indirectly promotes age, sex,
race, religion
or
belief,
disability or other forms of prohibited
Carers must also ensure they are in compliance with the Care Standards Act 2006, the Safeguarding
Vulnerable
Groups
Act
2006, the Protection of Vulnerable Groups (Scotland) Act 2007 and all other legislation and
Governmental
Authority
guidance applicable to the care of children or vulnerable adults in force in the UK from time to
time.
Carers undertake to hold any registration and a valid licence from appropriate authority or
authorities as may
be
applicable for your services. Childminders in the UK must be registered with Ofsted, childminders in
Wales must
be
registered with CSSIW (Care and Social Services Inspectorate Wales), and Childminders in Scotland
must be
registered
with
the Care Commission, and be in compliance with the additional legislative requirements applicable to
childminders,
including following the Early Foundation Stage Years curriculum.
Care Seekers should ensure that their insurance covers Carers’ working in their home and should
verify whether
Carers
have
their own independent insurance cover.
2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to individuals who are eighteen (18) years of age or older and can form
legally
binding
contracts under applicable law. If you are not eighteen (18) years of age or older do not register to
use the Site
or
Services.
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been on any Independent Safeguarding Authority barred list or the sex offenders register or other similar list.
3. RULES FOR USER CONDUCT AND USE OF SERVICES
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and
all the
material,
data, and information that you upload or transmit through compareyourcarer.com’s Services, or that other
users
upload or
transmit, including without limitation any content, messages, photos, audios, videos, reviews or
profiles
(collectively,
“Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User
Content while
using
our Service, you agree, represent and warrant as follows:
You agree that compareyourcarer.com has no obligation to remove any reviews or other information posted
on the Site
about
you
or any other person or entity. If you disagree with a review, you may post one rebuttal to the review,
provided your
rebuttal
complies with these terms. You may not terminate your registration and re-register in order to prevent a
review from
being
associated with your account.
Opinions, advice, statements, offers, or other information or content made available on
the Site or through the Service, but not directly by compareyourcarer.com, are those of their respective
authors.
Such
authors
are solely responsible for such content. compareyourcarer.com does not: (i) guarantee the accuracy,
completeness, or
usefulness of any information on the Site or available through the Service or any other venue, or (ii)
adopt,
endorse or
accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any
party that
appears
on
the Site or through the Service or any other venue. Under no circumstances will compareyourcarer.com or
its
Affiliates be
responsible for any loss or damage resulting from: a) your reliance on information or other content
posted on the
Site or
transmitted to or by any user of the Site, Service, or any other venue; or b) reviews or comments made
about you on
the
Site
or other venue by other users.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, compareyourcarer.com DISCLAIMS ANY LIABILITY
WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE OR ANY OTHER
VENUE. USERS
DO
HEREBY
REPRESENT, UNDERSTAND AND AGREE TO HOLD compareyourcarer.com HARMLESS FOR ANY MISSTATEMENTS AND/OR
MISREPRESENTATIONS MADE
BY
OR ON BEHALF OF THEM ON THIS SITE OR IN ANY OTHER VENUE.
3.2. Exclusive Use
Your account is for your sole, personal use. You are responsible for all activity on and use of your
account, and
you may
not
assign or
otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of compareyourcarer.com, you agree that you will not under any
circumstances:
order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion. Should compareyourcarer.com find that you violated the terms of this Section or any terms stated herein, compareyourcarer.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Further, in order to protect the integrity of the Site and the Services, compareyourcarer.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. VERIFICATION CHECKS
4.1 Consent to run verification checks
By using the Site or Services, you hereby authorize compareyourcarer.com, and acknowledge that
compareyourcarer.com
reserves the right, but not the
obligation, to use a third party to use your personal information to scan on an ongoing basis a variety
of sources,
which
may
include, but are not limited to, sex offender registries, certain media streams, terrorist watch lists,
criminal
and
fugitive watch
lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the
information you
provide us
and the
representations and warranties you make in the Terms of Use and on the Site and in evaluating your
suitability for
compareyourcarer.com
membership (“Verification Checks”). By using this Site or Services, you understand and agree that
compareyourcarer.com may
review the information
provided by the third party verification service and that compareyourcarer.com retains the right to
terminate your
compareyourcarer.com registration based on
the information it receives. You also hereby represent, understand and expressly agree that
compareyourcarer.com
does not
have control over or
assume any responsibility for the quality, accuracy, or reliability of the information included in a
Verification
Check.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW compareyourcarer.com TO PERFORM THE VERIFICATION
CHECKS
DESCRIBED
ABOVE. IF YOU DO
NOT WANT
THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE compareyourcarer.com.
NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.2. Release of Liability for Results of Verification Checks
compareyourcarer.com has no obligation to perform Verification Checks on any Registered Users. To the
extent
compareyourcarer.com performs such checks on
certain Registered Users, the checks are limited and should not be taken as complete, accurate,
up-to-date or
conclusive
of accuracy
of any of the information those users have provided or of their eligibility to use the Services.
The results of any Verification Checks on you may impact your ability to access and use
compareyourcarer.com’s
Services.
You are not eligible to
register with
compareyourcarer.com if any of your Verification Check results indicate that you have falsified your
legal name,
address
or date of birth, or
indicate any background information that in our sole discretion disqualifies you from using our Site or
Services.
You
understand that
compareyourcarer.com may review the information provided by any third parties that provide Verification
Checks, and
that
compareyourcarer.com retains the
right in its sole discretion to terminate your compareyourcarer.com registration if any of the
information it
receives
indicates you are not
suitable for our services.
You do hereby represent, understand and expressly agree that any Verification Checks are
performed by separate third party verification services, and that compareyourcarer.com does not have
control over
or
assume, and expressly
disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may
result from
the use
of, or
reliance on, the information such third party services provide.
5. TERMINATION OF REGISTRATION
Should compareyourcarer.com determine that you are not eligible to use the Services, have violated any
terms stated
herein
or in any of the Policies,
are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site
content,
including but
not limited to,
use on a “mirrored”, competitive, or third party site, compareyourcarer.com reserves the right, at its
sole
discretion, to
immediately terminate your
access to all or part of the compareyourcarer.com Site, to remove your profile and/or any content posted
by or
about you,
from the Site, and/or to
terminate your registration in compareyourcarer.com, with or without notice.
In any event, compareyourcarer.com also reserves the right, in its sole discretion, to terminate your
access to all
or
part of the compareyourcarer.com Site, to
remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your
registration
in
compareyourcarer.com, for any
reason or no reason, with or without notice.
If we terminate your registration, we have no obligation to notify you of the reason, if any,
for your
termination.
Following any termination of any individual’s use of the Site or the Services, compareyourcarer.com
reserves
the right
to send a
notice thereof to other Registered Users with whom we believe the individual has corresponded.
6. PRIVACY
compareyourcarer.com will only use the information you provide on the Site or via other channels in
accordance with
our
Privacy Policy. For more
information, see our full Privacy Policy, the terms of which are
incorporated
herein.
7. LINKS TO EXTERNAL SITES
Links from the Site to external sites (including external sites that are framed by compareyourcarer.com)
or
inclusion of
advertisements do not
constitute an endorsement by compareyourcarer.com of such sites or the content, products, advertising
and other
materials
presented on such sites or
of the products and services that are the subject of such advertisements, but are for users’ reference
and
convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and
usefulness of
the
information
obtained from other sites. compareyourcarer.com does not control such sites, and is not responsible for
their
content.
Just because compareyourcarer.com has
hyperlinks to such sites does not mean that compareyourcarer.com endorses any of the material on such
sites, or has
any
association with their
operators.
Users further acknowledge that use of any site controlled, owned or operated by
third parties
is
governed by the
terms and conditions of use for those sites, and not by compareyourcarer.com’s Terms of Use and Privacy
Policy.
compareyourcarer.com expressly disclaims any
liability derived from the use and/or viewing of links that may appear on this Site. All users hereby
agree to hold
compareyourcarer.com harmless from
any liability that may result from the use of links that may appear on the Site.
8. PAYMENT
In order to utilize some of compareyourcarer.com’s Services, Care Seekers must pay for a Premium
Member
subscription
and the content available
through that Premium Membership, or otherwise pay for the specific Service.
8.1 Billing and Payment for Care Seekers
Care Seekers that sign up for a Premium Member subscription (and the content available through that
Premium
Membership) and the agree
to pay compareyourcarer.com all subscription charges associated with the plan they subscribe to as
described
on the
Site at the time they
subscribe and provide their payment information. Premium Members authorize compareyourcarer.com to
charge
their
chosen payment provider according
to the terms of the plan to which they subscribe. The subscription period and the amount and frequency
of the
charges
will vary
depending on the plan the Premium Member selects.
To the extent you elect to purchase other
chargeable
offerings, you
authorize compareyourcarer.com to charge your chosen payment provider for the Services you purchase. You
agree
that
if compareyourcarer.com already has your
credit card on file as a result of prior purchases you have made, we may charge that credit card for the
additional
services you
purchase.
8.2 Automatic Subscription, Renewal and Cancellation of Premium Memberships for Care
Seekers.
Your Premium Membership subscription and the content available through that Premium Membership will
continue
indefinitely until
cancelled by you. After your initial subscription commitment period, and again after any subsequent
subscription
period, your
subscription will automatically renew for an additional equivalent period as the subscription term you
originally
selected and at the
subscription rate and frequency disclosed to you on the Site when you originally subscribed.
You may
cancel
your
subscription by emailing compareyourcarer.com Member Care or adjusting your account
settings.
If you
cancel your subscription,
you may use your subscription until the end of your then-current subscription term. Your subscription
will not
be
renewed after your
then-current term expires, but your credit card will be charged, and you will be required to pay, any
cancellation or
other fees
associated with your early termination and disclosed to you at the time you signed up as a Premium
Member.
You acknowledge
that by purchasing your Premium Membership subscription and the content available through that Premium
Membership,
you hereby request
and agree to the immediate delivery of that Premium Membership. Upon purchase of the Premium Membership,
you
acknowledge that you
will lose your right to change your mind and receive a refund during any cooling off period.
8.3 Billing and Payment for Carers
Certain Services and offerings made available to Carers may require the payment of a fee by such Carers
as
described
hereon or
otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you
authorize
compareyourcarer.com to charge
your chosen payment provider for the Services you purchase.
compareyourcarer.com may allow
Carers to
pay a
fee to be featured more
prominently on the Site. In addition, compareyourcarer.com may give Carers the ability to purchase
credits
that can
be used by such Carers to
exchange information with certain Care Seekers. To the extent applicable, the number of credits
necessary to
contact
a Care Seeker
and the expiration date of such credits is disclosed on the Site. Such credits do not have any monetary
value
and do
not constitute a
pre funding of stored value that can be used in the future. More information about credits can be found
here
8.4 Refund Policy
To the extent permitted by law, compareyourcarer.com does not as a general rule provide refunds or
credits for
subscription or other purchase
cancellations. However, compareyourcarer.com may in its sole discretion issue refunds or credits when it
believes
they are warranted.
8.5 Free Trial Offers
compareyourcarer.com may offer limited-time free trial Premium Membership subscriptions to Care Seekers
from
time-to-time. Care Seekers who sign
up for compareyourcarer.com Premium Membership on a free trial basis may have limited access to the
features
of the
Site. If a Care Seeker does
not cancel their subscription prior to the end of the free trial period, the Care Seeker will be charged
the
price
then in effect for
a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally
subscribed.
To avoid being
charged for Premium Membership services, a Care Seeker with a free trial subscription must cancel their
subscription
prior to the end
of the free trial period.
9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
compareyourcarer.com does not introduce or supply Carers to Care Seekers, nor do we select or propose
specific
Carers to
Care Seekers or Care Seekers
to Carers. Instead, we offer an online forum that among other things enables (i) Care Seekers to seek
the services
of a
Carer through the
use of the Site or Services, (ii) Carers to post profiles and submit proposals to Care Seekers regarding
their
services.
Any agreement
between a Care Seeker and a Carer regarding the provision of services is solely between the Care Seeker
and the
Carer;
compareyourcarer.com is not a
party to any such agreement. Any issues concerning the conduct of a Care Seeker or Carer including,
without
limitation,
the services
received by the Care Seeker or payment due to the Carer, must be resolved directly by the Care Seeker
and the
Carer.
compareyourcarer.com will not be
held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages
direct or
indirect of
every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way
connected
with such issues.
By using this Site or our Services, you do hereby represent, understand, and expressly agree to
indemnify and hold
compareyourcarer.com harmless for
any claim or controversy that may arise from any disputes between you and any other user(s) of the Site.
compareyourcarer.com will use its reasonable
efforts to monitor Carer and Care Seeker profiles, comments, and general usage of the Site and suspend
privileges
to any
Care Seeker or
Carer not adhering to the Policies. You agree to take reasonable precautions in all interactions with
other users
of the
Site or the
Services, particularly if you decide to meet offline or in person. In addition, you agree to visit the
compareyourcarer.com Safety
Centre
prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged
improprieties of
any users
therein to compareyourcarer.com immediately by notifying compareyourcarer.com of the same via electronic
correspondence.
10. AGE RESTRICTIONS
compareyourcarer.com is intended for people 18 or over. Care Seekers and Carers should monitor
children’s use of
the
Internet and deny access to the Site to anyone under the age of 18. compareyourcarer.com will not
knowingly collect
any
information from individuals under 18. You must identify your age during the registration process, and
we do not
assume
any responsibility for any misrepresentations regarding your age when using this Site. Should we
determine that you
are
under the age of 18, your registration will be terminated immediately.
11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or
other items
are
provided “as is”, “as
available”. Further, opinions, advice, statements, offers, or other information or content made
available through
the
Services, but not directly by compareyourcarer.com, are those of their respective authors, and should
not
necessarily be
relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE
LAW,
compareyourcarer.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION
AND
MATERIALS; (2)
ADOPT,
ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY ANY
PARTY
OTHER THAN compareyourcarer.com; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM
COMPUTER
VIRUSES,
UNINTERRUPTED,
ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE
CORRECTED;
OR (4)
GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO
THE EXTENT
PERMITTED
BY APPLICABLE LAW, compareyourcarer.com EXPRESSLY excludes all conditions, warranties and other terms
which might
otherwise be implied
by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS
INFORMATION AND
MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, compareyourcarer.com MAKES NO REPRESENTATION OR
WARRANTIES OF ANY
KIND
WHETHER EXPRESS
OR IMPLIED
REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO
EMPLOY THE
SERVICES
OF A CAREGIVER.
11.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks
associated
with
any online or
offline interactions with Registered Users of the Site or the Services. You agree to take all necessary
precautions
when
interacting with
other Site Visitors or Registered Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will compareyourcarer.com be liable for any
indirect or
consequential damages, losses or
expenses arising out of or relating to the use or inability to use the Site or Services, including
without
limitation
damages related to
any information received from the Site or Services, removal of content from the Site, including profile
information, any
email distributed
to any user or any linked web site or use thereof or inability to use by any party, or in connection
with any
termination
of your
subscription or ability to access the Site or Services, failure of performance, error, omission,
interruption,
defect,
delay in operation
or transmission, computer virus or line or system failure, even if compareyourcarer.com, or
representatives
thereof, are
advised of the possibility of
such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL compareyourcarer.com’S AGGREGATE
LIABILITY, IN ANY
FORM OF
ACTION
WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR
YOUR
ACCOUNT, OR,
IF YOU HAVE NOT
PAID compareyourcarer.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF £25.00 OR ITS EQUIVALENT.
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, compareyourcarer.com’s
liability
for
fraudulent misrepresentation,
death or personal injury caused by compareyourcarer.com’s negligence or liability that may not otherwise
be
limited
or
excluded
by
law.
No Liability for non-compareyourcarer.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN
NO
EVENT WILL compareyourcarer.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR
CONSEQUENTIAL,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE
OR THE
SERVICES,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM
ANYONE’S
RELIANCE
ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER
INTERACTIONS
WITH OTHER
REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR
DAMAGES
ARISING
FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM
YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice
that may be
posted
on the Site is for informational purposes only and is not intended to replace or substitute for any
professional
financial, medical, legal, or other advice. compareyourcarer.com makes no representations or warranties
and
expressly
disclaims any and all liability concerning any treatment, action by, or effect on any person following
the
information
offered or provided within or through the Site. If you have specific concerns or a situation arises in
which you
require
professional or medical advice, you should consult with an appropriately trained and qualified
specialist.
11.4. Indemnification
By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend
and hold
harmless
compareyourcarer.com and its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents,
service
providers and employees from and against any and all claims, losses, expenses or demands of liability,
including
reasonable attorneys’ fees and costs incurred by compareyourcarer.com and its Affiliates in connection
with any
claim by a
third party (including an intellectual property claim) arising out of (i) materials and content you
submit, post or
transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use
or in
violation
of any applicable law. Users further agree that they will cooperate as reasonably required in the
defence of such
claims.
compareyourcarer.com and its Affiliates reserve the right, at their own expense, to assume the exclusive
defence
and
control of any matter otherwise subject to indemnification by users, and users shall not, in any event,
settle any
claim
or matter without the written consent of compareyourcarer.com. Users further agree to hold harmless
compareyourcarer.com
and its Affiliates from any claim arising from a third party’s use of information or materials of any
kind that
users post
to the Site.
12. JURISDICTION AND CHOICE OF LAW
If there is any dispute arising out of the Site and/or the Services, by using the Site or the Services,
you
expressly
agree that any such dispute shall be governed by the laws of England and Wales, without regard to its
conflict of
law
provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of
England
and
Wales, for the resolution of any such dispute.
13. MISCELLANEOUS
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent,
legal
representative, employer, contractor or employee of the other. Neither party shall have, or hold itself
out to any
third
party as having any authority to make any statements, representations or commitments of any kind, or to
take any
action,
that shall be binding on the other, except as provided for herein or authorized in writing by the party
to be
bound. The
invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way
effect the
validity,
legality or enforceability of any other term or provision of these Terms. This Agreement will be binding
on and
will inure
to the benefit of the legal representatives, successors and assigns of the parties hereto. Nothing
express or
implied in
this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the
parties and
the
respective permitted successors or assigns of the parties, any rights, remedies, obligations or
liabilities
whatsoever,
including pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. CONTACT INFORMATION
If you have any questions or need further information as to the Site or Services provided by
compareyourcarer.com,
or need
to notify compareyourcarer.com as to any matters relating to the Site or Services please contact
compareyourcarer.com at:
Legal Department
compareyourcarer.com Europe LTD.
Highlands
House
Basingstoke Road
Spencers Wood
Reading
Berkshire RG7 1NT
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