The Alliance of Independent Care and Support Workers;
“Care Worker” means the self-employed Care or Support Worker wishing to engage the Business to provide the Services pursuant to the Agreement and ‘Care Worker’ shall be construed accordingly;
“Complaint” means a complaint from you about the Site as more particularly detailed in clause 3.4 or a complaint about any breach or suspected breach of data protection legislation;
“Profile” the individual profile which appears on the Site in respect of a Care or Support Worker;
“Services” the online services provided by the Business as more particularly set out in clause 3 below;
“Site” means the Business’ website at aicsw.org.uk;
“Terms” means these terms and conditions.
2. Applicability of these Terms
2.1 Your usage of the Site is subject always to these Terms, which represent a contract between you and the Business. If you are not prepared to accept these Terms, you should not use the Site.
3. About the Business and the Services
3.1 The Business hosts the Site in order to give those who require care of various types or who are responsible for providing such care to a dependent the opportunity to make direct contact with individual, self-employed Care Workers who may be able to provide that care to you direct without you having to go through an agency.
3.2 The Business operates as an advertising and messaging medium and does not have any direct involvement in any contract that may be entered into between you and a Care Worker.
3.3 Any general information, advice or guidance about care work or care services which is available from the Site is for information purposes only and you are free to use or ignore it.
3.4 The Business may (but need not) assist you with complaints about the operation or functionality of the Site, but shall not be required to assist you with any complaint or issue which arises from any contract which you agree with a Care Worker.
3.5 The Business cannot guarantee the accuracy of the Profiles or the suitability of any Care Worker to meet your requirements. If you choose to enter into a contract with a Care Worker, it is your responsibility to take such steps as you think are necessary to satisfy yourself that the Care will be able to fulfil your requirements.
4. Your Obligations
4.1 You must not:-
4.1.1 post, upload or send content to ether the Business or a Care Worker which is, or which is intended to be, offensive discriminatory or illegal;
4.1.2 use the Site or seek to approach or enter into a contract with a Care Worker unless you are of majority age, of sound mind and not subject to any form of insolvency proceedings;
4.1.3 knowingly post, upload or send false or incorrect information to or via the Site;
4.1.4 use any information obtained from the Site for any purpose other than seeking care for yourself or a dependent in respect of whom you are lawfully entitled to act or make decisions;
4.1.5 use or infringe the intellectual property rights of the business, including the copyright pertaining to this Site and any logos or get-up of the Business whether or not used on the Site;
4.1.6 introduce viruses or malware onto eth Site or seek to circumvent any protocols or technical measures used by the Business in respect of the Site.
4.2 You confirm and warrant that you are not using the Site in the course of a business operated by you or by a third party.
5. Changes to the Site
5.1 You acknowledge and accept that the Business may from time to time alter, suspend or discontinue any aspect of the Site or the content available through it, as it thinks fit and without giving prior notice.
5.2 You acknowledge and accept that the Business may alter the Terms from time to time. The updated version will be affective as soon as it is uploaded on to this site. By continuing to use the Site following any amendments of the Terms, you confirm your agreement to such amendments.
5.3 The Business retains the right to cancel Profiles or to modify or discontinue the Services.
6.1 The Business shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms, for any loss or damage, including any indirect or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Business, its employees, or agents or otherwise) which arise out of or in connection with the supply of the Services or the operation of the Site.
6.2 You shall be wholly responsible for agreeing Terms with any Care Worker you approach by reason of the Profile or via the Site and acknowledges and agrees that the Business’ sole role is to act as a platform for effecting introductions between you and the Care Worker. The Business accordingly makes no warranty or representation about the Care Worker and shall not be liable to you by reason of any misrepresentation, or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for any loss or damage, including any indirect or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims howsoever arising from any aspect of the relationship between you and the Care Workers.
6.3 The Business does not exclude or restrict liability for death or personal injury resulting from its own negligence.
6.4 The Business will not be liable for any breach of its obligations under these Terms where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control.
7. Data Protection
7.1 Pursuant to the General Data Protection Regulation (GDPR) which came into force in England and Wales on the 25th of May 2018, the Business has certain obligations to you in respect of how it handles your personal data. Further details about your right can be accessed via the individual rights policy which is available on the Site.
7.2 The Business will gather data about your name, email address and care requirements when you visit the Site and choose to message a Care Worker. This information is required so that the Business can manage its contract with you pursuant to these Terms. Your data will not be used for any other purpose.
7.3 Data relating to the Site (including personal data as defined by GDPR) may be stored on servers operated by the Business’s third party IT suppliers. Such third party suppliers are or will be based in the UK and are also subject to the provisions of GDPR.
8.1 If you have a Complaint which you cannot resolve through accessing our Frequently Asked Questions (FAQ) section of the Site (available via the Help link located at the bottom of any page of the Site) you may e-mail the Business at firstname.lastname@example.org.
9. Force Majeure
9.1 If the performance of the Contract or any obligation under it is prevented, restricted or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected (upon giving prompt notice to the other party) shall be excused from performance to the extent of the prevention, restriction or interference, but the party so affected shall use all reasonable endeavours to avoid or remove the causes of non-performance and shall continue performance of its obligations under the Contract whenever such causes are removed or diminished.
10.1 You acknowledge that you are not relying on any statement made by us or any of our representatives about use of the Site (other than those expressly set out in these Terms).
10.2 If any of these Terms becomes void or unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.
10.3 The rights of you and us under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
10.4 These Terms constitute the entire agreement and understanding between the parties with respect to all matters which are referred to in these Terms.
10.5 These Terms are personal to you and may not be assigned to any third party without the written consent of the Business.
10.6 No person other than the Business, any person to whom the Business assigns these Terms you shall acquire any enforceable rights under or in connection with these Terms.
10.7 If any provision of these Terms or part thereof is rendered void by any legislation to which it is subject or the final decision of any court having jurisdiction these Terms shall be rendered void to that extent and no further; and the remainder of these Terms shall constitute the agreement of the parties.
10.8 Each party acknowledges that except where otherwise expressly stated in these Terms, these Terms contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
10.9 These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.