Compare Care Homes Terms and Conditions
SECTION 1 - GENERAL
Welcome to the Comparecarehomes.com website (the "Website"). This Website is provided solely to assist users in gathering care home and healthcare information, posting opinions of healthcare related issues, engaging in interactive care forums and for no other purposes. The terms "we", "us", "our" and "Compare Care Homes" refer to Peolsford Ltd. The term "you" refers to the user visiting the Website and/or contributing content on this Website. We are registered in England and Wales under company number 06915357 and have our registered office at West Midlands House, Gipsy Lane, Willenhall, West Midlands, WV13 2HA.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be legally bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised, in any manner, to use this site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. You will be legally bound by the updated or amended terms from the first time that you use this website after we put the changes online.
Compare Care Homes may change, suspend or discontinue any aspect of the Site at any time, including availability of any feature, database or content. Compare Care Homes may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
SECTION 2 - DEFINITIONS
- By "the Site" and "the Website" we mean the features and services we make available through our domain address www.comparecarehomes.com, including any sub-domains or linking domains.
- By "us", "we" and "our" we mean comparecarehomes.com, which is a trading name of Peolsford Ltd, and it's affiliates.
- By "Content" and "Material" we mean the information, text, photos, images, or other content, that you post or upload to www.comparecarehomes.com
- By "Contract" and "Agreement" we mean the agreement between the User and Peolsford Ltd and it's content.
- By "you" we mean the user visiting www.comparecarehomes.com, and/or contributing content to the website.
- By "User" and "Customer" we mean any visitor to the website. The fact that they pay or do not pay for services is immaterial.
- By "Submissions", we mean care home user reviews, questions, comments, suggestions, ideas or the like contained in any content that you submit.
- By "cost-per-click" (CPC) or by "pence-per-click" (PPC) we mean the price that the affiliate pays whenever a site visitor clicks on a hyperlink.
- By "cost-per-impression", we mean the price you pay, you pay whenever your ad is displayed, whether a click occurs or not.
- By "VAT", we mean UK value added tax.
- By "Due Date" we mean the date on which payment of advertisement costs becomes due, as stated on the invoice.
SECTION 3 - YOUR USE OF THIS WEBSITE
As a condition of your use of this Website, you warrant and declare that:
- all information supplied by you on this Website is true, accurate, current and complete.
- if you have a Compare Care Homes account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and
- you are 18 years of age or older in order to register for an account and contribute to our website.
- possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein.
- that you have read, understand, and agree to be bound by these Terms and Conditions, and the Posting and Submission Policy when submitting content to the Site.
We do not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Peolsford Ltd.
SECTION 4 - PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, messages, data, information, text, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. Proprietary content may also be licensed to us by care home operators for use in promoting the services offered by them.
You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission; or
(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorisation.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Compare Care Homes in connection with the Website or the services.
SECTION 5 - USER REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any care home user reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Compare Care Homes and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
(b) use the name that you submit in connection with such Submission. You acknowledge that Compare Care Homes may choose to provide attribution of your comments or reviews at our discretion. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Agreement.
(c) You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of care home experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If Compare Care Homes provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the London Stock Exchange;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Compare Care Homes;
- Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Compare Care Homes, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose us or our affiliates or our users to any harm or liability of any type.
Compare Care Homes takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Compare Care Homes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Compare Care Homes is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Compare Care Homes has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Compare Care Homes reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:
(a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
(b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Compare Care Homes or its licensees, successors and assigns;
(c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
(d) you forever release Compare Care Homes, and its licensees, successors and assigns, from any claims that you could otherwise assert against Compare Care Homes by virtue of any such moral rights.
SECTION 6 - LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. COMPARE CARE HOMES DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CARE HOMES ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF CARE HOME AMENITIES, SERVICES, GENERAL DESCRIPTIONS, ETC.),
COMPARE CARE HOMES MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPARE CARE HOMES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW COMPARE CARE HOMES, AND ITS OPERATORS PEOLSFORD LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
COMPARE CARE HOMES ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT COMPARE CARE HOMES LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE (IV) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING, YOU USE THE SITE AT YOUR OWN RISK AND IN NO EVENT SHALL PEOLSFORD LTD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PEOLSFORD LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Peolsford Ltd.
SECTION 7 - INDEMNIFICATION
You agree to defend and indemnify Compare Care Homes and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting and legal fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
SECTION 8 - LINKS TO THIRD-PARTY WEBSITES AND SHARED/SYNDICATED CONTENT
This Website may contain hyperlinks to websites operated by parties other than Compare Care Homes. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SECTION 9 – NOTICE AND TAKE-DOWN OF ILLEGAL WEBSITE CONTENT
In accordance with the Defamation Act 2013, Compare Care Homes operates on a "notice and takedown" basis. If you have any complaints or objections to material or content posted on this Site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure contained within the Site Posting and Submission Policy. Once this procedure has been followed Compare Care Homes will make all reasonable endeavours to remove illegal content within a reasonable time.
You hereby agree to provide full reasons for your objection. Compare Care Homes may publish the reason(s), or a summary of the reason(s), for your objection in substitution of any material posted on the site that is to be removed. By submitting your objection, you agree to comply with these terms and conditions.
SECTION 10 - JURISDICTION AND APPLICABLE LAW
This website is provided for information and guidance only and is not intended to replace proper consultation or advice from appropriately qualified legal, financial or health professionals.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Compare Care Homes with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Compare Care Homes with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SECTION 11 - MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SECTION 12 – PAYMENT OF ADVERTISING COSTS
Peolsford Ltd reserve the right to refuse any application for inclusion on the site, or remove existing advertisements from the site, where Peolsford Ltd deem, at their sole discretion, that the credit rating, or ability of an affiliate to pay for advertisement services, has been detrimentally affected or is likely to be detrimentally affected.
The due date for payment of advertisement costs will 30 days after the date stated on the invoice.
Where payment is not made on the due date, whether credit facilities have been allowed or not, and without prejudice to any other rights which the Affiliate may have arising from non-payment, the following rules shall apply:-
- Peolsford Ltd may charge interest on the overdue amount at the rate of 2% per calendar month, calculated from day to day and compounded on a calendar monthly basis from the date the payment becomes due until the date Peolsford Ltd receives full payment.
- Peolsford Ltd may treat any or all other agreements with the Affiliate as repudiated without prejudice to any other remedies the Affiliate may have in respect of the non-payment.
Peolsford Ltd may refuse to supply any other goods or services to the Affiliate until all payments due or deemed due pursuant to this clause including any interest accrued under paragraph (a) above have been satisfied.
SECTION 13 – DISPUTE RESOLUTION IN RELATION TO ADVERTISING COSTS
Disputes relating to the accuracy of the cost-per-click totals displayed on the invoice shall be made to Compare Care Homes in writing within 30 days of the due date. Upon receipt of a written complaint, Peolsford Limited shall investigate the accuracy of the data contained on its servers and confirm the total number of clicks for the billing period.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, or a dispute still exists following an investigation into the accuracy of cost-per-click totals, then the Affiliate agrees to attempt to settle any dispute for invoices exceeding a total of £1000 by engaging in good faith with Peolsford Ltd in a process of mediation before commencing arbitration or litigation. Where arbitration is entered into, the Affiliate agrees to submit to the jurisdiction of the Arbitration Act 1996.
The contract shall be governed by the laws of England & Wales and the Affiliate agrees to submit to the non-exclusive jurisdiction of the English courts.
SECTION 14 – 'FIND ME A CARE HOME' WEBSITE FEATURE
When submitting information to us on your care home needs, we will contact our network or registered care home providers to ask them to provide details on care home availability, and details of pricing. They may also contact you to offer you an opportunity to visit the care home.
By ‘network of registered care home providers’, we mean care home providers who have chosen to work with us to display additional information on their care homes by becoming account holders, and have provided a registered email address for us to send communications in relation to potential leads. We are unable to offer this feature for care homes that have not registered with us to become account holders. As such, we are unable to offer any assurances as to the completeness or extent of our search of care homes. We may not be able to contact all of the care home providers within the search area that you specify.
Please be aware that nothing on this Website is, or shall be deemed to constitute, financial, investment or other advice or a recommendation or endorsement by us in respect of any care home or care service referred to on this Website. Information on this Website is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the care home or service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the care home or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any care home or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any care home or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product or service via this Website.
The choice of whether to respond to you lies with the care home provider, and we make no assurances that you will receive responses from all of the care home providers that we contact.
SECTION 15 – AUTHORISATION TO UPDATE WEBSITE CONTENT
In agreeing to become an account holder, you grant us permission to store and publish your care home photographs, images, brochures, logos and written descriptions on the Compare Care Homes website. You also grant us permission to update this information at any time.