CONTENTS

The Care Co-Operative Ltd is registered in England and Wales under company number 10334728 and we have our registered office at The Cottage, Cookshole Road, EN2 0UD.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Prohibited uses

In accessing any part of our site, you agree:

Material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our site.

Content Standards & Uploaded Content

These Content Standards apply to any content or comments posted or uploaded on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, if such postings breach the Content Standards. We reserve the right to edit, not publish or to remove any content. Although our site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate our site or any other service we provide on our site and we may stop moderating our site at any time.

Postings must:

Postings must not:

Content standards also apply to any videos uploaded to the site and, in addition to the general content standards listed above, the following specific standards (“Video Standards”) will apply:

Notice & Take Down Procedure: If you believe that content on our website may breach any of our Content Standards you can email: info@care-co-operative.co.uk. You will need to provide your email address and/or telephone together with a short explanation why you believe the content does not comply with our Content Standards. Reporting content will not automatically remove it, but will ensure we look at it as soon as possible. The moderators will then decide whether to remove it permanently or reinstate it.

License of Content: By submitting content to our site, you agree to grant us a non-exclusive, perpetual royalty-free, transferable and sub-licensable licence to use that content. Although you will still own the copyright in your content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your content.

Indemnification: You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to content you have uploaded onto our website or your breach of the provisions of these terms.

Social Media: We have a social media presence and use Facebook, Google Plus and Twitter among other social media platforms. Please note that material posted by you to this site may be reposted or promoted by us on our social media platforms on the same conditions as apply to our website and subject to any additional conditions imposed by the platform in question. By posting to our website you are deemed to consent to any reposting or promotion by us using social media.

Intellectual property rights

We are the owner of all intellectual property rights in the material and data on our site, subject to the provisions in the intellectual property rights in the Content Standards and Uploaded Content (see above). Such rights include, but are not limited to:

You must only use the materials and/or data on our site for personal and non-commercial purposes and in accordance with the terms below.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

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.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (eg by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained. If you print off, copy or download any part of our site or use the data on 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, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard.

You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your use of our site or your breach of the provisions of these terms.

Limitation of our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

2.1 loss of income or revenue;

2.2 loss of business;

2.3 loss of profits or contracts;

2.4 loss of anticipated savings;

2.5 loss of data;

2.6 loss of goodwill;

2.7 wasted management or office time; and

2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Our liability for losses suffered as a result of a breach of these terms by us is strictly limited to liability in respect of claims brought within one year of the material being first displayed on our site.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Use of your email address

Viruses, hacking and other offences

You must not misuse our site by knowingly or recklessly introducing viruses, worms, logic bombs or other material which 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 and other relevant laws in this and other jurisdictions. 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact info@care-co-operative.co.uk.

Thank you for visiting our site.

2) PRIVACY POLICY & COOKIES

Your privacy is very important to us. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data about you:

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where we store your personal data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We use information held about you in the following ways:

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email info@care-co-operative.co.uk and your entry will be removed.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@care-co-operative.co.uk.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@care-co-operative.co.uk.

3) Fees, Payment and Advertising

Care providers will pay £49.50 per year to the Care Co-Operative in return for an advertisement on our site.

Care providers can add up to 10 branches to the Care Co-Operative for £49 per year. The fee for any additional listings will be £49 each per year.

Service users will pay £19.50, as a one-off fee when registering on our site.

All new members on our site will be invoiced on date of agreement, unless otherwise agreed.

All payments must be made at the time of registration.

We may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.

All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of an Advertisement.

Rights

The Advertiser grants the Care Co-Operative a non-exclusive, royalty-free, irrevocable licence to:

(a) use the Advertiser’s names, trademarks and/or logos as we may consider reasonably necessary for the purposes of publishing the Advertisements; and

(b) reproduce the Advertisements in any media at any time.

Truth in advertising / indemnification for liability

The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti-discrimination law or regulation, or any other right of any person or entity.

The Advertiser agrees to indemnify the Care Co-Operative, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.

Limitation of liability

The Care Co-Operative’s liability for losses suffered by the Advertiser as a result of a breach of these terms by the Care Co-Operative is strictly limited to the price paid for the Advertisements.

To the fullest extent permitted by law, the Care Co-Operative expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time; and

(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect the Care Co-Operative’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Governing law

Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.