Terms and Conditions for homecare.co.uk
TERMS & CONDITIONS
1) TERMS OF WEBSITE USE
Information about us
homecare.co.uk is a site operated by Tomorrow’s Guides Limited (“We”). We are registered in England and Wales under company number 02889550 and have our registered office at Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY. Our VAT number is 757248207.
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 (see below). 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.
In accessing any part of our site, you agree:
• not to use our site in such a way that disrupts, interferes with or restricts the use of our site by other users;
• not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our site; and
• not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our site.
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.
Our site allows users and third parties to post reviews of home care and nursing care experiences (or other content, messages, materials, or other items) on our site (“User Recommendation”). Our site is fully moderated and every User Recommendation will be checked by us for compliance with these terms and the Content Standards below, before it is published. We will try to publish as many User Recommendations as we can but cannot guarantee that all User Recommendations will be published. We also cannot guarantee how quickly User Recommendations will be posted on our site.
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. We reserve the right to remove, or disable access to, any User Recommendation which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights or these terms.
Please also note that the Content Standards apply in full to each part of a User Recommendation, as well as to its whole. In providing a User Recommendation, you must ensure that your User Recommendation does not infringe any copyright, database right or trademark of any other person. By submitting a User Recommendation to our site, you agree to grant us a non-exclusive licence to use that User Recommendation. Although you will still own the copyright in your User Recommendation, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your User Recommendation. The right to edit and alter the user recommendation will be exercised in order to correct typographical mistakes, ensure that the user recommendation complies with the relevant law and to protect the privacy of individuals. This licence will be free of charge, perpetual and capable of sub-licence. You further grant us the right to pursue at law any person or entity that violates your or Tomorrows Guides' rights in the User Recommendations by a breach of these terms.
By submitting a User Recommendation, you are warranting that you have the right to grant the licence above.
Any User Recommendations will be subject to the indemnity contained in the Intellectual Property Rights section below.
These Content Standards apply to any content or reviews (including, without limitation, the User Recommendations) posted on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, such postings breach the Content Standards.
Any postings on our site must:
• Be accurate (where it states facts)
• Be genuinely held (where it states opinion)
• Comply with the laws applicable in England and Wales and in any country from which it is posted
• Be relevant.
A posting on our site must not:
• Be defamatory of any person
• Be obscene, offensive, hateful or inflammatory
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
• Infringe any copyright, database right or trade mark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be in contempt of court
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Impersonate any person, or misrepresent your identity or affiliation with any person
• Give the impression that the Contribution emanates from us if this is not the case
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
• Contain any advertising or promote any services or web links to other sites.
Intellectual property rights
We are the owner of all intellectual property rights in the material and data on our site, subject to the intellectual property rights in the User Recommendations (see above).
Such rights include, but are not limited to:
(a) unregistered trade mark rights protecting our business and trading names;
(b) database rights protecting the data published on our site or in our books;
(c) copyright and design rights in the text and graphics on our site and in our books; and
(d) copyright in the software used on our site other than that licensed to us.
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.
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 User Recommendation, your use of our site or your breach of the provisions of these terms.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
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.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of maps and books formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, 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. 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.
Linking to our site
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, but 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. You must not establish a link from any website that is not owned by you. 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. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
Tomorrow’s Guides Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Tomorrow’s Guides Limited of Unit 4 Station Yard, Station Road, Hungerford, Berkshire RG17 0DY.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site homecare.co.uk (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
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:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return 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.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
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 email@example.com 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:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Tomorrow’s Guides Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
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 firstname.lastname@example.org.
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 of £10 to meet our costs in providing you with details of the information we hold about you.
3) TERMS & CONDITIONS OF ADVERTISING
Terms and definitions
These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail.
For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Banner Advertisements, Sponsored Categories and Enhanced Listings on homecare.co.uk.
Tomorrow’s Guides accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
a) Banner Advertisements
The size of Banner Advertisements on homecare.co.uk will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides. For dimensions of the different home care banner advertisements Click here and for dimensions of different supplier banner advertisements Click here. The maximum size of all Banner Advertisements is 100kb and all Banner Advertisements should be supplied in JPEG or GIF format.
b) Enhanced Listings
The Advertiser’s listing(s) features in the top part of area listings on homecare.co.uk with logo and photo. In addition, the Advertiser logo, up to 3 photos and up to 150 word description are displayed on the Advertiser’s profile page and the Advertiser has access to services such job vacancies, child vacancies, recommendation cards and press release distribution. Click here for full details of an Enhanced Listing.
Photos and logos should be supplied in JPEG format.
Tomorrow’s Guides reserves the right at any time to change the format of an Enhanced Listing.
c) Sponsored Category
The Advertiser’s listing features in the top part of the listings on homecare.co.uk for a specific category. In addition, the Advertiser logo is displayed on the Advertiser’s profile page and the Advertiser has access to services such as press release distribution. Click here for full details of a Sponsored Category.
Photos and logos should be supplied in JPEG format.
Tomorrow’s Guides reserves the right at any time to change the format of a Sponsored Category.
Duration of agreements
The start date and duration of Banner Advertisements, Enhanced Listings and Sponsored Categories on homecare.co.uk will be agreed by both Advertiser and Tomorrow’s Guides and to be confirmed via email correspondence between Tomorrow’s Guides and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed.
Without limiting its other rights or remedies, Tomorrow's Guides may terminate these terms at any time by giving to the Advertiser no less than one (1) months' prior written notice. On termination of these terms:
(a) the Advertiser will, where applicable, immediately pay to Tomorrow's Guides any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes Tomorrow’s Guides to use will be delivered to Tomorrow’s Guides in a timely manner and in any event on or before such date as Tomorrow's Guides may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Tomorrow's Guides.
Where Tomorrow’s Guides considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to Tomorrow’s Guides that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).
Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Tomorrow’s Guides and the Advertiser will compensate Tomorrow’s Guides for any claim made by such advertiser against Tomorrow’s Guides.
The placement of Banner Advertisements on homecare.co.uk will be agreed in advance in writing by both the Advertiser and Tomorrow’s Guides.
Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
For Enhanced Listings and Sponsored Categories, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that Tomorrow’s Guides can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by Tomorrow's Guides, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Banner Advertisements, Sponsored Categories and Enhanced Listings on homecare.co.uk will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.
Tomorrow’s Guides may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of Tomorrow’s Guides, if the Advertiser fails to make any payment due to Tomorrow’s Guides under these terms by the due date for payment, Tomorrow’s Guides shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of a Banner Advertisement, Sponsored Category or Enhanced Listing.
Notwithstanding the other terms and conditions on Tomorrow’s Guides' site, the Advertiser acknowledges and agrees that Tomorrow's Guides owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.
The Advertiser grants to Tomorrow’s Guide a non-exclusive, royalty-free, irrevocable licence to:
(a) use the Advertiser’s names, trade marks and/or logos as Tomorrow's Guides may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements in any media at any time.
All agreements are non-exclusive, meaning Tomorrow’s Guides may have Advertisements from several parties appearing on its site at the same time.
Tomorrow’s Guides will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
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 Tomorrow’s Guides and to hold Tomorrow’s Guides, 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 by Tomorrow’s Guides, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
Tomorrow’s liability for losses suffered by the Advertiser as a result of a breach of these terms by Tomorrow’s Guides is strictly limited to the price paid for the Advertisements.
To the fullest extent permitted by law, Tomorrow’s Guides 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 Tomorrow’s Guides’ 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. Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by 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.