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  FindaCarer Ltd

User Agreement

Please read this agreement carefully before accessing or using this service. This agreement sets out the terms and conditions under which you may use the web site FindaCarer.com. This Agreement also sets out our privacy policy for Users. By accessing or using this service, you agree to be bound by the terms and conditions below. FindaCarer Ltd may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions as your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
  1. Definitions And Interpretation
    1. In this Agreement:
      “Booking Fee” means the fee charged by Agencies at the time you book a Carer.
      “Carers” includes PCAs,  babysitters, nannies, carers and au-pairs.
      “Care Provider” includes Care Agencies and Care homes, Care centres, Carers
       “Care Seeker” includes person who needs care (or guardian of)
      “Site” and “Website” mean FindaCarer.com
      “You” and “User” means any individual or entity accessing this Site for any reason
    2. In this Agreement, unless the context otherwise requires:
      1. reference to a person includes any other entity recognised by law and vice versa;
      2. words importing the singular number include the plural number and vice versa;
      3. words importing one gender include every gender;
      4. any reference to any of the parties by the defined terms include that parties' executors, administrators or permitted assigns or being a company its successors or permitted assigns;
      5. references to currency are in British Sterling (GBP).
      6. headings are for convenience only and do not affect interpretation

  2. Password And Login
    1. When you become a registered user, you are create a password and login name(email address). You agree to be entirely responsible for any and all activities that occur under your login name.
    2. You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on FindaCarer.com.
    3. You agree to immediately notify FindaCarer Ltd of any unauthorised use of your login name or any other breach of security known to you.

  3. Venue Only
    1. FindaCarer.com is a venue only and acts as a communications platform for enabling the connection between prospective employers of Carers and candidates seeking to provide care services either privately or via Agencies. FindaCarer Ltd does not screen or censor the listings offered. FindaCarer Ltd is not involved in the actual transaction between Care Seekers and Carers. All users including both Care Seekers and Carers do hereby represent, understand and expressly agree that FindaCarer Ltd does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Carers, nor the integrity, or responsibility for any of the actions whatsoever of the Care Seekers.
    2. Both Care Seekers and Carers acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and FindaCarer Ltd.
    3. This Website provides a listing of Care Providers located throughout the UK. We do not represent that this Website provides a complete list of Care Providers in a particular area, although Care Providers are welcome to list themselves on the Site free of charge. This listing is a free information service for our Users only and these Care Providers have not been screened or endorsed by FindaCarer Ltd. Vacancy information is provided by Care Providers on a voluntary and self service basis. You should make your own enquiries of any of the Care Providers listed on the Website, as FindaCarer Ltd makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide.

  4. No Representations Or Warranties

    1. FindaCarer Ltd does not provide any representations or warranties relating to the Carers or the service provided by the Carers. FindaCarer Ltd provides a referral service only and background reference checks or investigations related to Carers or the service to be provided by the Carers are the sole responsibility of the Care Seeker.
    2. Any enquiries regarding the wages and conditions of Carers, or information regarding background reference check should be referred to the Agency concerned.
    3. Further, FindaCarer Ltd makes no representations or warranties as to the online availability of its website and database. FindaCarer Ltd will not be responsible in any way for the availability of the website services and information.

  5. Fees
    1. The Carers Fee is determined by each individual Carer or Agency representing a Carer or Care Provider and not FindaCarer Ltd. The Carer's fees are determined by, and payable to each individual Carer.
    2. If you have a concern or dispute regarding:
      1. The fees charged to you as a Care User;
      2. The service provided by the Carer or Care Agency; or
      3. The fees paid to you as a Carer,
    then you should direct those concerns to the relevant Agency or Care Provider.

  6. Risk
    1. It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through FindaCarer.com.
    2. All Users including both Care Seekers and Carers do hereby expressly agree not to hold FindaCarer Ltd (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the FindaCarer.com Website and releases FindaCarer Ltd from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.

  7. Release From Liability
    1. The Carer seeker covenants and agrees to release FindaCarer Ltd, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against FindaCarer Ltd in respect of, arising out of or resulting from the provision of any services to the Client by Carers or from any other cause relating thereto, including but not limited to, the negligent acts of the Carers.
    2. The Carer release FindaCarer Ltd, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against FindaCarer Ltd in respect of, arising out of or resulting from the actions of FindaCarer Ltd or the release of the Carer's personal information on the Website.
    3. The Carers agree that the FindaCarer Ltd shall not be liable to the Carer or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Care Seeker, an Agency or FindaCarer Ltd.
    4. The Carer acknowledges that under no circumstances shall FindaCarer Ltd be liable for the Carer's fees.

  8. Privacy
    1. Legislative Background
      1. The Privacy Act protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out form the information. It includes information such as a person's name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
      2. You agree to allow FindaCarer Ltd to collect personal information about you, including information that is considered to be sensitive.
    2. Collection of data
      1. In general, FindaCarer Ltd automatically gather's certain usage information like the numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our FindaCarer Ltd partners and advertisers about how FindaCarer.com visitors use this site.
      2. We collect this automatic data as follows:
        • FindaCarer Ltd uses your IP address to help diagnose problems with our server, and to administer our website. Your IP address is used to gather broad demographic information.
        • FindaCarer.com collects anonymous information through cookies. A cookie is a small piece of data containing a unique identification number that is sent to your browser from a Web server, and is stored on your computer's hard drive. The unique ID number identifies your browser to FindaCarer Ltd's computers whenever you visit. Cookies do not enable anyone to access personally identifiable information that you have not already given us. FindaCarer Ltd primarily uses cookies to connect members with account information stored on FindaCarer Ltd's computers. This helps FindaCarer Ltd deliver a better and more personalised service. FindaCarer Ltd also uses cookies to estimate FindaCarer.com's audience size for advertisers, and to track user preferences. Most browsers are initially set up to accept cookies. You can reset your browser to either notify you when you have received a cookie, or to refuse them altogether. FindaCarer Ltd relies on cookies to preserve the FindaCarer.com identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a registered member and will not be able to access some areas of the site.
      3. We also hold contact and personal information about Carers, and by providing your details to FindaCarer Ltd, the Carer authorises FindaCarer Ltd to pass on the personal information to Care Seekers but not the contact information.
      4. We may also use the information to send to Users information about our company and promotional material from some of our partners and/or advertisers. The contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings, or be removed from our database by contacting FindaCarer Ltd.
      5. Financial information that is collected is used to bill the user for services. All confidential credit card information required by the site is not read or saved by the Site but is simply passed on to VeriSign for processing via 128mb encrypted secure communications. VeriSign is the worlds leading provider of digital trust services.
    3. Disclosure
    4. Other than as stated above, we do not use or disclose information about your individual use of this site or your contact information to any outside companies.
    5. Security
      1. FindaCarer Ltd takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by FindaCarer Ltd. However, FindaCarer Ltd will not be held responsible for any loss that may arise from unauthorised access to your personal information.
      2. Advertisers on FindaCarer.com have been asked to comply with privacy policy with regard to their information handling practices. However, the use of any information given to advertisers is not within the control of FindaCarer Ltd and we cannot accept responsibility for the conduct of these Advertisers’s.
      3. This site also contains links to other sites. FindaCarer Ltd is not responsible for the privacy practices or the content of such Web sites.
      4. FindaCarer Ltd exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on FindaCarer.com. FindaCarer Ltd accepts no liability that may arise should any other individuals obtain the information you submit to this site.

  9. Advertisers And Third Parties
    1. Third Party services and products either:
      1. linked to this website; and/or
      2. advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by FindaCarer Ltd.
    2. FindaCarer Ltd is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. FindaCarer Ltd will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.

  10. Copyright
    The material on this site, such as texts, graphics, images, html codes and other material (collectively the “Material”) are protected by UK and international copyright Laws and remain the property of the site owned and operated by FindaCarer Ltd. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep in tact all copyright and other proprietary notices.

  11. No Guarantees As To Service
    FindaCarer Ltd does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. FindaCarer Ltd will not be responsible if your use of the site or of the Material results in the need for servicing or replacing of equipment or data.

  12. Site Usage
    1. Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:
      1. accessing data not intended for such User;
      2. logging into a server or account which the User is unauthorised to access;
      3. attempting to test the vulnerability of a system or network or to breach authentication processes;
      4. attempting to interfere with a service to any user, host or network by submitting a virus to the Website, “spamming” overloading, “crashing” or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;
      5. Sending unsolicited e-mail, including advertising or promotional material; or
      6. Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
    2. Users may not use the Website in order to post, transmit, distribute, store or destroy material:
      1. in violation of any applicable law or regulation;
      2. in a manner which will infringe the copyright, trademark or other intellectual property rights of others;
      3. which violates the privacy, publicity or other personal rights of others;
      4. that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity;
      5. which comprises a chain letter or pyramid scheme; or
      6. which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material.
    3. FindaCarer Ltd values User feedback, and in particular encourages Care seekers to post testimonials on the Website about their experiences. You acknowledge and agree that:
      1. The testimonials are a means of public and not private communication;
      2. FindaCarer Ltd can, in its absolute discretion edit, refuse to post, or to remove testimonials from the Website it deems inappropriate, objectionable or otherwise in breach of clause 12.1 or 12.2 of this agreement; and
      3. FindaCarer Ltd can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site or by email to FindaCarer.com.
    4. FindaCarer Ltd does not represent or guarantee the truthfulness, accuracy, or reliability of communications or testimonials posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.

  13. General Provisions
    1. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
    2. The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
    3. The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
    4. This Agreement shall be governed by the laws of the UK and the parties submit to the jurisdiction of the Courts within that State.
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