CAREMMUNITY TERMS OF SERVICE


Welcome to Caremmunity

These Terms of Use govern your access to and use of our website (www.caremmunity.co.uk) and application (App). Please read these Terms of Use carefully, and contact us if you have any questions.

Your use of our Website and App indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use.

We are committed to protecting your privacy. Our privacy policy is available at www.caremmunity.co.uk . By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.

We may from time to time amend these Terms of Use to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Website and App. If we make significant changes to these Terms of Use or to the services within the App, we will let you know what these significant changes are (provided you have registered with us).


Introduction

Caremmunity is a platform for communities of friends, family, neighbours and professional services, to coordinate care for a vulnerable loved one. We refer to groups which coordinate the care as ‘Care Groups’, we refer to the loved ones who are cared for by Care Groups as ‘Carees’, we refer to people participating in Care Groups as ‘Carers’ and we refer to those individuals who start and manage Care Groups as ‘Group Admins’. Once within a Care Group, Carers can create tasks on a one-off or recurring basis for the Care Group (each a ‘Task’) for the purposes of coordinating the ongoing care of the Caree. A Caree can be part of a Care Group, and this is up to your discretion.

Individuals using our Website and/or App or services generally can:

  • Nominate a person in need of care to be a Caree on the App (with their permission where they are capable of providing their permission);
  • Create a Care Group – the creator of the Care Group will be the Group Admin by default;
  • Join a Care Group as a Carer once provided with the relevant invite link;
  • Create Tasks – each task requires the Carer to enter at least a task name, start date and time, end time, along with any other notes for the benefit of the Care Group.
  • Click on links to our social media channels, such as on Facebook, LinkedIn and Instagram;
  • access customer support from our support team; and
  • access our legal and data protection policies.

The list above is not necessarily a complete list of the functions of the App and we may decide to offer additional functions, or stop providing any App functions, at any time.

Thank you for using our service and please ensure you are familiar with these Terms of Use before using it.


Carer Commitment

Anyone agreeing to act as a Carer on Caremmunity understands that they are being entrusted with the health and safety of a Caree, who may be a loved one, or may be someone in need who the Carer is agreeing to care for. As a Carer, you understand you owe a duty of care to the Caree and agree to act accordingly. Whether or not a Carer is a professional Carer or just someone who wants to help, all Carers commit to:

  • be reliable, communicative and clear when exchanging messages and coordinating with other Carers in a Care Group, 
  • to follow through with agreed commitments and assigned Tasks within a Care Group as much as possible,
  • where unable to fulfil an assigned Task or one that they have agreed to do, to make sure to provide as much advanced notice as possible;
  • use all best efforts when undertaking Tasks or caring for a Caree; 
  • be respectful of all Carees and other Carers at all times; and
  • behave honestly, with integrity and in compliance with the law at all times, and to report any behaviours (including their own) which do not meet this standard.

Further, all Group Admins and Carers agree only:

  • to set up Care Groups with the consent of the Caree (or the individual currently caring for them);
  • to safeguard all personal information about Carers, and not to share it with anyone outside of a Care Group unless necessary for legal reasons or the Caree’s wellbeing; and
  • to invite individuals into Care Groups for the purposes of providing care to a Carer, with no ulterior or secondary motives – and therefore to take care before sharing an invite link to the Care Group.

Our platform is built on the good will and kindness of our community and anyone who is suspected of putting that, or any Caree at risk, may be removed from the Caremmunity, or reported to relevant authorities in extreme cases. 

By using Caremmunity as a Carer, you agree to this Carer Commitment, and to use your best efforts to uphold it at all times.


General Terms

1. Licence

1.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website and App for your personal, non-commercial use in accordance with these Terms of Use, for the purpose of coordinate care for a loved one, or person in need.

2. Our intellectual property rights

2.1 Our Website and App contain material which is owned by or licensed to us and is protected by United Kingdom and international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website and App.

2.2 We own the copyright which subsists in all creative and literary works displayed on our Website and App.

2.3 As between you and us, we own all the intellectual property rights in our Website and App and nothing in these Terms of Use constitutes a transfer of the ownership of any intellectual property rights to you.

2.4 Your use of our Website and App does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website or App without the express written permission of the owner.

3. Content

3.1 We allow you to create and post content on our Website and App, for example within Care Groups (User Content). In particular, we enable you to create Care Groups within the App and send messages within them to other participating Carers. You are solely responsible for the User Content that you post on our Website and App, as well as ensuring that any information that ought to be confidential (such as private information about a Caree) is kept suitably confidential.

3.2 When you add User Content to our Website and App, you:

(a) warrant that you have all necessary rights to post the User Content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including without limitation reproducing, changing and communicating the content to the
public) and permit us to authorise any other person to do the same; 

(c) consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner; 

(d) agree to take care that it is not discriminatory or otherwise inappropriate; and

(e) agree to ensure that you are not sharing information which ought to be kept confidential from other individuals.

4. Prohibited conduct

4.1 You must not:

(a) use our Website or App for any activities, or post or transmit any material from our Website or App:

(i) unless you hold all necessary rights, licences and consents to do so;

(ii) that infringes the intellectual property or other rights of any person;

(iii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iv) that defames, harasses, threatens, menaces or offends any person;

(v) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy; or

(vi) that would bring us, or our Website or App, into disrepute;

(b) use our Website or App to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);

(c) use our Website or App to send unsolicited messages to other users (whether within Care Groups or otherwise, or to other Carers within a Care Group which you are a part of outside of that Care Group);

(d) perform any acts which would damage, interfere with or inhibit the use of our Website and App;

(e) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents and other generally available third party web browsers;

(f) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our Website or App;  

(g) engage in any screen scraping or data acquisition and consolidation;

(h) alter or modify, or attempt to alter or modify, any of the code or material on our Website or App;

(i) cause any of the material on our Website or App to be framed or embedded in another website;

(j) create derivative works from the contents of our Website or App; or

(k) advocate, encourage or assist any third party in doing any of the foregoing.

4.2 We reserve the right to amend or delete any and all User Content and to block you from our Website and App if we believe that there is a violation of these Terms of Use.  

5. Information

5.1 Any information made available on our Website or App, including any recommendations, statements and opinions contained on our Website or App whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.

5.2 Before acting on any Information, we recommend that you:

(a) consider whether it is appropriate for your personal circumstances;

(b) carry out your own research; and

(c) seek professional advice where necessary.

5.3 Where information is provided about a Caree by a Group Admin or other Carer or individual within a Care Group, then it is your responsibility to verify it, and ensure that it is accurate or suitable in respect of the relevant Caree. Caremmunity will not be responsible for any actions (or omissions) of Carers taken (or not taken) as a result of information shared within Care Groups or otherwise via the Website or App. Please take care to check information received from other Carers or individuals is correct before acting on it, in particular where it relates to medical matters.

6. Third party links

6.1 Our Website and App may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, products or services.

6.2 If you access any third party website, service or content via our Website or App, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content.

7. Accessibility

7.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website and App, we cannot warrant that our Website and App will be available at all times or at any given time.

7.2 We are not responsible for any delays or interruptions which affect your ability to use our Website or App.

7.3 We may, at any time and without notice, discontinue our Website or App, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.

8. Limitation of Liability

8.1 You understand that Caremmunity exists to support the coordination of care for people who need it most, but that at the same time, we are not ourselves carers, and not responsible for the health, wellbeing, condition, actions or inactions of any individual registered through or referred in our Website our App (including without limitation all Carees, Group Admins, Carers and other individuals registered with us from time to time). Whilst we will seek to provide the best coordination platform that we can and support our Caremmunity, we do not owe a duty of care to Carees or Carers and are not a party to any legal or contractual relationship existing between any Caree(s) and/or Carers (including but not limited to where a Carer is a professional, salaried carer). In that respect, we are an intermediary only and will never be responsible for the actions of Carers or their relationship with each other or with a Caree, or the success or failure thereof, or any other results or outcomes of those relationships.

8.2 Where information (such as Tasks and all other User Content) is shared via the App, all parties agree we bare no liability for the content of such information, and any outcomes resulting from it. Equally, where information input is for any technical reason not successfully shared or is otherwise shortened, distorted, or not represented as intended, we will not be liable for any consequences of this, and all users understand and acknowledge this inherent risk.

8.3 All parties acknowledge that Caremmunity is an intermediary only in care arrangements and  cannot guarantee the performance by any Carer or other party of respective obligations under a separate agreement between them (such as in a Care Group). As such Caremmunity holds no liability to any third party beyond what is stated in these Terms of Use. 

8.4 Equally, we aim to support our Caremmunity as much as possible and ask that any incidents are reported to us so that we can take such action as we deem appropriate in circumstances, including to remove certain individuals from the App without notice.

8.5 To the maximum extent permitted by law, our Website and App are provided to you without warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that:

(a) the functions contained in any material in our Website or App or your access to our Website or App will be error free;

(b) any defects on our Website or App will be corrected;

(c) our Website, App or server which stores and transmits material to you, are free of viruses or any other harmful components; or

(d) our Website or App will operate on a continuous basis or be available at any time.

8.6 You acknowledge and agree that we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Website or App. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.

8.7  To the maximum extent permitted by law:

(a) we make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or graphics published on our Website or App; and

(b) we exclude:

(i) all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use; and

(ii) all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from your use of our Website or App.

8.8 We do not disclaim liability where it would be unlawful to do so, for example for death or personal injury caused by our negligence. However, all parties understand that any harm incurred by a Caree or Carer off platform is beyond our reasonable control and not caused by our negligence (except where it is a direct (and not indirect) result of our Website or App). 

9. Indemnity

9.1 You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:

(a) your use or access to our Website or App;

(b) a breach of these Terms of Use by you; 

(c) any wilful, unlawful or negligent act or omission by you, including in respect of any Care Group, Caree and/or Carer; 9.2 The indemnity under clause 9.1 will survive the termination of these Terms of Use.

10. Breach

10.1 If you breach these Terms of Use, notwithstanding any other rights we may have, we may, without notice to you, deactivate your account and block from our Website and App as well as reporting you to the appropriate authorities if required.

11. Assignment

11.1 These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party. However, these Terms of Use may be assigned by us, at any time, without notice to you.

12. Waiver

12.1 If we fail to exercise or delay in exercising the right, power or remedy, we do not waive the right, power or remedy.

12.2 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

13. Enforceability

13.1 If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remainder of the remaining provisions.

14. Governing law

14.1 These Terms of Use are governed by and construed in accordance with the law for the time being in force in the United Kingdom and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales and courts of appeal from those courts.  

14.2  Our Website and App may be accessible from outside of the United Kingdom. We make no representation that our Website or App complies with the laws (including intellectual property laws) of any country outside the United Kingdom. If you access our Website or App from outside the United Kingdom, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.