Elder Technologies Limited is pleased to make its Service, as described below, available to you on the following terms and conditions. The Terms of Service are a legal contract between the individual using the Service ("you") and Elder Technologies Limited ("Company," "we," "us," or "our"). As referenced in this agreement, "Site" means the website operated by the Company and currently located at www.elder.org, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms "Elder" or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an "App"), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.
By using the Service, you:
- acknowledge that by accessing or using the Service, you agree that you have read, understood, and agree to be bound by the Elder Terms of Service (the "Terms" or "Terms of Service") as updated from time to time, which govern your use of the Service. You may use the App and the Service only as set forth in these Terms;
1. Terms Governing Service Use
Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. You agree that by browsing, clicking in or accessing the site that you have read these Terms and agree to be bound by them.
2. The Elder Platform
2.1: Elder is a platform for connecting persons who are looking to engage self-employed professional domiciliary carers to provide in-home live-in care (each a "Placement"), and self-employed care professionals that are part of Elder’s network of Carers (each an "EC") that may be available to perform such Placement. The Company checks the backgrounds of each EC via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such care professional providers. It is solely the responsibility of each EC, and not the Company, to determine whether they are qualified and capable of completing a particular Placement. Even when accurate, reference checks do not necessarily predict future behaviour of an EC. When you book a Placement or deal with an EC, you should ensure that you use common sense and caution to ensure protection of you and others’ personal property and safety, including by supervising EC’s as you would supervise anyone who provided a service to you that you did not know. The Company will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Elder Platform and the Company is not responsible for the conduct, whether online or offline, of any user of the Elder Platform.
2.2: Live-in Carers have various rights pursuant to the law which includes (without limitation):
2.2.1: a minimum break of 2 hours per day within daylight hours. At the request of the EC, it is permissible for these breaks to be banked to provide a longer individual break but the minimum duration is 14 hours over 7 days; and
2.2.2: sanitary living conditions which include (i) a separate bedroom and suitable bathing and toilet facilities; (ii) clean bedding and (iii) provision of ample food. In respect of (iii), we recommend a minimum sum of £30 per week for the cost of the EC's food.
When you make a Placement booking, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Placement ("Fees"). Fees for Placements are non-refundable (unless at least 48 hours notice of cancellation has been provided) and will be charged to you in accordance with the Company's pricing schedule in force at the time a Placement is requested, which the Company may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the Company's income) related to the Placement performed by ECs.
The Company will charge you for Placements through the payment method specified in your account (e.g. a credit card or debit card). If you pay any applicable Fees with a credit card, the Company may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Placement. You authorise such credit card account to pay any amounts described herein, and authorise the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company's request and any time the information earlier provided is no longer valid.
4. SMS Messaging
When you sign up for the Service, the Company may need to send you SMS Messages in order to confirm your phone number or keep you informed about your Placement an EC may be performing for you. Some of these messages may be necessary for the fulfilment of the Service and cannot be opt-ed out of. Depending on your current phone carrier plan, you may incur Fees for these SMS Messages, and agree to not hold the Company liable for any Fees incurred.
You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the "Feedback"). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
7. Notifications; Modification of Terms
8. Company Property
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.
The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
The Company has a £5,000,000 public liability policy with Camberford Law PLC (the “Policy”). The Policy covers each EC when they are in your property and covers accidental damage to your property. The Policy includes a £500 excess in relation to any claim for accidental damage to property and this will be for your account, not the Company.
10. General Prohibitions
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the Service:
- circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service;
- engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service;
- copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement);
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers;
- send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;
- in any way use the Service to send altered, deceptive or false source-identifying information;
- decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service;
- impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;
- use the Service in violation of the Company's or any third party's intellectual property or other proprietary or legal rights;
- use the Service in violation of any applicable law or request that an EC provides a service which would violate applicable law; or
- upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Termination of Use; Discontinuation and Modification of the Service.
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at firstname.lastname@example.org.
11. Cancellation Policy
If either party wishes to cancel the Services, a minimum of 14 days’ notice of cancellation is required. Notification by the Customer must be sent by email to email@example.com or by phone on 020 3095 7170.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any EC or third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent.
13. Use of the Service Is Entirely At Your Risk
You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided "as is" and “as available”. The Company expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law.
When you use the Service to request and have an EC perform a Placement, you understand and acknowledge that no EC has any authority to make any amendments to these terms and that any statements, representations, or warranties made by an EC or any third party are disclaimed by the Company and do not expand or otherwise modify these terms. Apart from the fact that the Company interviews each EC and performs two previous employment reference checks (all based on the identification information provided by each EC) the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by an EC.
14. Limitation of Liability and Release
To the extent permitted by applicable law, the Company disclaims all liability to you in connection with the Company's performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the Company's negligence, the liability of the Company under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fees paid by you to the Company in the last six months under these Terms and Conditions.
Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
15. Governing Law; Venue
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of England and Wales as they apply to agreements entered into and to be performed entirely within England and Wales by UK residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales for the purpose of litigating all such claims or disputes.
Our liability to you in respect of the Placement will not exceed the total price paid by you for the Placement, whether such cause of action is brought in contract, tort, warranty or otherwise.
Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
18. Events beyond our control
We shall have no liability to you for any failure of the EC's to perform the Placement you have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our EC's, flood, fire, explosion, acts of terrorism or accident.
If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions ,which shall remain unaffected.
19.3 Entire Agreement
19.4 Third Parties
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
19.5 Governing law and jurisdiction
Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
19.6 Contact Information
If you have any questions regarding the Terms of Service or the Service, please contact us at firstname.lastname@example.org or by mail at: Elder Technologies Limited Unit 1.3, 11-29 Fashion Street Shoreditch London E1 6PX