Terms and Conditions
“Carehound” and the hound logo are registered trademarks of Consentricare Ltd. registered as a company in England and Wales no: 10930075.
1.0 Acceptance of these Terms and Conditions
1.1 Your access to and use of Carehound (“the App”) is subject exclusively to these Terms and Conditions.
1.2 You agree not to use the App for any purpose that is prohibited by these Terms and Conditions or could be deemed to be unlawful.
1.3 By using the App you are fully accepting these Terms and Conditions. If you do not accept these Terms and Conditions for any reason you must immediately stop using the App for any purpose whatsoever.
1.4 Consentricare Ltd. reserves the right to update or amend these Terms and Conditions at any time and your continued use of the App following any changes shall be deemed to be your acceptance of such change. The responsibility is therefore yours to check the Terms and Conditions for any changes.
1.5 Consentricare Ltd. may update the App from time to time and may change the content at any time.
1.6 Your use of the App is also subject to the terms of our Privacy Notice. Please refer to that for the terms on which we collect and process any personal data that you provide.
1.7 These Terms and conditions were last updated on 26th September 2018.
2.0 Access to the App
2.1 Consentricare Ltd. does not guarantee that the App or any content contained within the App or linked to from it will always be available or that access will be uninterrupted.
2.2 You are solely responsible for making all arrangements necessary for you to have access to the App.
2.3 Your access to the App is granted on a temporary basis only.
2.4 Consentricare Ltd. may suspend, withdraw, discontinue or change all or any part of the App without notice to you.
2.5 Consentricare Ltd. will not be liable to you for any reason if the App is unavailable at any time or for any period.
3.0 Intellectual Property Rights
3.1 The App and its content (including without limitation the App design, text, graphics and all software and source codes connected with the App) are protected by copyright, trademarks, and other intellectual property rights and laws.
3.2 In accessing the App you agree that you will access the contents solely for your personal, non-commercial use.
3.3 None of the content contained on the App may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Consentricare Ltd. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial use only or for use by Consentricare Ltd sponsors in promoting their business.
4.0 No reliance on information or speed of service
4.1 The content contained on the App is provided for general information only. It is not intended to amount to advice on which you should rely.
4.2 Although Consentricare Ltd makes reasonable efforts to update the information on the App, please note that the content contained on the App may be out of date at any given time and Consentricare Ltd are under no obligation to update it.
4.3 Consentricare Ltd exists to help our users find sources of information and organisations and enterprises who themselves may be able to provide advice, guidance, products or services to meet their elder care needs. Consentricare Ltd cannot guarantee a specific response time and will not be liable for the failure of any member to succeed in providing any service in any specific time quoted.
5.0 Prohibited use
5.1 You agree to use the App for lawful purposes only and not:
5.1.1 In any way that breaches any Applicable local, national or international law or regulation;
5.1.2 In a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3 For the purposes of harming or attempting to harm any person, business or entity in anyway;
5.1.4 To undermine the purpose of the App;
5.1.5 To act in competition with Consentricare Ltd
5.1.6 To violate the privacy of others;
5.1.7 To reverse engineer, decompile, dissemble, decipher or otherwise derive the code used on the App;
5.1.8 To use any robot, spider, scraper, AI or other automated means to access the App; or
5.1.9 To reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, re-brand or re-sell any part of the App.
6.0 Links to third party Apps and linking to the App
6.1 The App may include links to third party Apps and websites that are controlled and maintained by others. Any link to other Apps or websites is not an endorsement of such Apps or websites and you acknowledge and agree that Consentricare Ltd has no control over such Apps or websites and is not responsible for the content or availability of any such Apps or websites.
6.2 You may link to the App’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
6.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Consentricare Ltd where none exists.
6.4 Consentricare Ltd reserves the right to withdraw linking permission without notice.
7.1 Consentricare Ltd cannot guarantee that the App will be secure or free from malware, adware, bugs or viruses.
7.2 Consentricare Ltd will not be liable for any loss or damage caused by a virus, or any other technologically harmful material that may infect your computer equipment, data, computer programs or other proprietary material due to your use of the App or to your downloading of any content on the App, or linked to the App, where Consentricare Ltd have taken reasonable security to prevent this.
7.3 You agree that it is your responsibility to take adequate steps to protect yourself from loss or damage caused by a virus, or any other technologically harmful material that may infect your computer equipment, data, computer programs or other proprietary material due to your use of the App or to your downloading of any content on the App, or linked to the App
8.0 International Use
8.1 You agree to comply with all Applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9.2 You agree to indemnify and hold Consentricare Ltd and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Consentricare Ltd by any third party arising out of your use of the App including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Consentricare Ltd in consequence of your breach of these Terms and Conditions.
10.0 Disclaimers and limitation of liability
10.1 Use of the App is at your own risk. The App and the content contained therein is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.2 To the extent permitted by law, Consentricare Ltd will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the App.
10.3 Whilst Consentricare Ltd makes reasonable efforts to ensure that all content it provides is accurate, Consentricare Ltd makes no warranty that the App will meet your requirements, that the content will be accurate or reliable, that the functionality of the App will be uninterrupted or error free, that defects will be corrected or that the App or the server that makes it available are free of viruses or anything else that may be harmful or destructive.
10.4 Consentricare Ltd will not be liable to you for any loss suffered (even if such loss is foreseeable) in relation to your use or inability to use the App, any inaccuracies or delays on the App or any reliance by you on content contained on the App.
10.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Consentricare Ltd for death or personal injury as a result of the negligence of Consentricare Ltd or that of its employees or agents.
10.6 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
10.7 Whilst every effort is made to verify the content contained within the App it does not represent the views of Consentricare Ltd and Consentricare Ltd cannot be held responsible for any omissions or inaccurate claims that may be contained within the App or websites linked to from the App.
10.8 Users of the App do hereby represent, understand and expressly agree that Consentricare Ltd does not make any warranty or guarantee over the quality, timing, suitability, integrity, responsibility, legality or any other aspect whatsoever of the advice, products or services offered or delivered by suppliers linked to from the App.
10.9 You hereby expressly agree not to hold Consentricare Ltd (or Consentricare Ltd’s agents, representatives, advertisers or employees) liable for any instruction, advice, products or services delivered which originated through the App and Consentricare Ltd expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
11.0 Rating suppliers within the App
11.1 If you are over the age of 18 you are permitted to rate and comment upon the advice, products or services received from suppliers listed within the App. Where you rate and/or pass comment you must ensure that it:
11.1.1 …is accurate, true, up to date, genuine and not misleading;
11.1.2 …is relevant and appropriate;
11.1.3 …complies with applicable law in the UK and in any country from which the content is posted or viewed and does not promote illegal activity;
11.1.4 …complies with the Consentricare Ltd. Privacy Notice and does not disclose any personal or confidential information;
11.1.5 …does not contain material which is or potentially could be defamatory, obscene, aggressive, offensive, hateful, inflammatory or rude;
11.1.6 …does not infringe the copyright or any intellectual property rights of any person;
11.1.7 …does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
11.1.8 …does not relate to the services provided by Consentricare Ltd;
11.1.9 …is not threatening, abusive or invades others privacy or causes annoyance, inconvenience or needless anxiety;
11.1.10 …does not impersonate any person or misrepresent identities or affiliations; or
11.1.11 …does not give the impression that it emanates from Consentricare Ltd (if this is not the case).
11.2 You warrant that all ratings and/or comments you submit shall comply with the requirements listed in Clause 11.1 above and you agree to indemnify Consentricare Ltd for any loss Consentricare Ltd suffers as a result of your failure to comply with these requirements.
11.3 Consentricare Ltd will not be responsible, or liable to any third party, for the content or accuracy of any rating or comment submitted by you via the App.
11.4 Consentricare Ltd reserves the right to remove or withhold any rating and/or comment at any time which it considers fails to adhere with the Content Standards set out in clause 13.1.
11.5 Consentricare Ltd reserves the right to edit any and all comments you upload to amend spelling, grammar, punctuation, length, for the purposes of clarity and to ensure that the content can comply with the requirements listed in Clause 11.1 above.
12.0 The rights of Consentricare Ltd in the event of your non-compliance
12.1 Consentricare Ltd will determine at its discretion, whether you have failed to comply with these Terms and Conditions. Failure to comply with these Terms and Conditions constitutes a material breach and may result in Consentricare Ltd:
12.1.1 …temporarily or permanently withdrawing your access to the App;
12.1.2 …commencing legal proceedings against you for your actions;
12.1.3 …disclosing relevant information to law enforcement authorities.
13.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14.0 Applicable Law
14.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction to the courts of England and Wales.