This agreement is between Better Home Care Services Limited, a limited company registered in England and Wales with company number 11412688 and having registered offices at WeWork, 1 Mark Square, London EC2A 4EG (“Lifted” or “us”, “we”, “our”) and you, each a “Party” and together the “Parties”.
Should you have any queries in relation to these Terms or on any other matter, you can contact us at:
WeWork, 1 Mark Square, London EC2A 4EG
Email: email@example.com Tel: 020 451 66004
The Service and these Terms
- The Lifted digital and online service (the “Service”) consists of the software applications hosted or made available by Lifted, the liftedcare.com website (the “Site”) and any other related content and materials, however you access them, whether via the Site or via mobile or tablet app (the “App”). When you sign up for an account regarding the Service with Lifted this is referred to as your “Lifted Account”.
- Please read the Terms carefully before you start to use the Service. By using the Service, or otherwise indicating your agreement, you accept the Terms and agree to abide by them. If you do not agree to the Terms, please refrain from using the Service. Lifted recommends that you download and save or print a copy of the Terms when possible.
- The Service allows you to:
- If you are receiving care services from Lifted (a “Customer”):Stay up to date with the care we provide to your loved one: view scheduled care visits, view care tasks and wellbeing summary and care notes completed by our Caregivers post-appointment, and leave feedback for the Carer
- If you are not a Customer but wish to use the App only (an “App User”):Get support in planning, arranging and monitoring care for your loved one: submit your/ your loved one’s care needs in the questionnaire, create an account, book a consultation, view a personalised care guide
- The Service is for your personal and non-commercial use only.
- An App User has the right to terminate your relationship with Lifted at any time and can do so by deactivating your Lifted Account in the App.
- Lifted may suspend or terminate operation of the Service at any time as it sees fit.
Access to and availability of the Service
- You must not allow anyone to access Lifted on your behalf. You must treat as confidential the user identification code, password and any other piece of information generated or selected as part of Lifted’s security procedures, and you must not disclose it to any third party.
- You will be asked to provide Lifted with your contact details (including your phone number and email address) when you register for a Lifted Account. This is so that Lifted can provide the Service to you. You must not impersonate or try to impersonate another person when providing Lifted with information.
- You may enter certain information regarding a person in your care or for whom you are responsible.
- If you are an App User, that information will consist only of the first 2 to 4 characters of the post code of the address of the person in your care or for whom you are responsible and information about his or her health condition. By providing that information, you promise and confirm to us that:
- you have been authorised by the person in your care to do so or are permitted to do so because you are primarily responsible for that person’s care and well-being; and
- You understand that Lifted is relying on the above promises and confirmation you give in permitting your use of the App. You agree that, if Lifted suffers any financial loss as a result of your promises and confirmation being false, you will reimburse that financial loss.
- Lifted warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms in accordance with applicable laws and regulations.
- Lifted will try to ensure that the Service is available for your use, however does not promise that the Site or App will be available at all times nor does Lifted promise the uninterrupted use by you of the Site or App.
- You are responsible for:
- making all arrangements necessary for you to have access to the Service (for example ensuring you have an available internet connection); and
- all costs and expenses you may incur in relation to your use of the Service.
Intellectual Property Rights
- Lifted is the owner or the licensee of all intellectual property rights in the Service (including the Site, the App and any content or material provided as part of or published within the Service). Lifted and its licensors reserve all rights in such intellectual property in connection with these Terms. This means, for example, that Lifted and its licensors remain owners of them and are free to use them as they see fit.
- Nothing in these Terms grants you any legal rights in the Service other than as necessary to enable you to access the Service. You agree not to adjust to try to circumvent or delete any notices contained on the Service (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Service.
- You may print off and download extracts, of any page(s) from the Site or App for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Lifted’s status (and that of any identified contributors) as the authors of material on the Site or App must always be acknowledged.
- You must not use any part of the Service for commercial purposes.
- You may not:
- attempt to circumvent password or user authentication methods on the Service;
- reproduce, duplicate, copy or re-sell any part of the Service other than as permitted by these Terms;
- access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which the Service is stored or any software used in the provision of the Service;
- use the Service to access without authority, interfere with, damage or disrupt any service, system, equipment, network or software owned or used by any third party;
- reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service, the Site and the App; or
- use the Service:
- for any purpose that is unlawful under any applicable law or prohibited by these Terms;
- to commit any act of fraud;
- to distribute viruses or malware or other similar harmful software code;
- for purposes of promoting unsolicited advertising or sending spam;
- to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- to promote any unlawful activity; or
- to represent or suggest that we endorse any other business, product or service.
Lifted’s use of your personal information
- By accessing and using the Service, you acknowledge and agree that your use of the Service and all information and content included in or accessible from the Service is provided on an “as is” and “as available” basis. To the fullest extent permissible by law, Lifted disclaim all statutory or implied warranties, representations and conditions including but not limited to those as to quality, merchantability, fitness for purpose and non-infringement.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Lifted’s Data Service Partners or Lifted or from the Service will create any warranty not expressly stated in these Terms.
- While Lifted aims to ensure that the Service is accurate, up-to-date and free from bugs, it cannot promise that it will be. Furthermore, it cannot promise that the Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site or App is at your own risk.
- Content is provided for your general information purposes only and to inform you about Lifted and its services and other parties and services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any of these purposes.
Limitation of Liability
- This clause sets out the entire financial liability of Lifted (including any liability for the acts or omissions of its employees, agents and contractors) to you in respect of:
- any breach of these Terms;
- any use made by you of the Service and any part of it; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
- Nothing in these Terms excludes the liability of Lifted:
- for death or personal injury caused by Lifted’s negligence;
- for fraud, fraudulent misrepresentation or gross negligence; or
- for any liability to the extent that the same may not be excluded or limited as a matter of law.
- Subject to clause 10.1 Lifted shall not be liable whether in tort (including negligence) or breach of statutory duty, contract, misrepresentation, restitution or otherwise for:
- any damage caused by errors or omissions in any of Your Content provided by you to Lifted in connection with the Service, or any actions taken by Lifted at your direction;
- loss or corruption of data or information;
- business losses;
- losses to non-consumers; or
- losses that:
- were not foreseeable to the Parties when these Terms were formed; or
- that were not caused by any breach on Lifted’s part.
- Notwithstanding any other provision of these Terms, Lifted shall not be deemed to be in breach of these Terms or otherwise liable to you as a result of any delay or other failure in the performance of its obligations under these Terms if and to the extent that such delay or other failure is caused by or arises from any event or circumstance not within the reasonable control of Lifted.
Third party links
- Where Lifted contains links to other sites and resources provided by third parties, these links are provided for your information only. Lifted has no control over the contents of those sites or resources and accepts no legal responsibility for any content, material or information contained in them.
- If you wish to contact Lifted for any reason, including because you have a complaint, you can do so by contacting us as stated in clause 2 above.
- If Lifted has to contact you or give you notice in writing Better Home Care will do so by email, SMS or via a notification in the App and any communications will usually be in English. Lifted will use the email address or telephone number provided during the creation of your Lifted Account and it is your responsibility to ensure that the details held by Lifted are correct.
- If Lifted becomes aware or suspects that you are affected by fraud or an operational security incident, Lifted will contact you by email, SMS or through the App.
- It is your responsibility to download the latest software for your mobile device and the latest version of the App as soon as made available to help keep your Lifted Account safe.
Changing these terms
- Lifted reserves the right to revise these Terms from time to time to comply with law or to meet changing business requirements.
- Lifted will provide you with advance written notice of any change to these Terms and you will be asked to provide your agreement to any changes in order to continue accessing the App.
- If you do not agree to the proposed changes you can notify Lifted and Lifted will arrange for your Lifted Account to be closed, subject to the rest of these Terms.
- No one other than a Party to these Terms has any right to enforce any of these Terms.
- If a court or relevant authority decides that any of the Terms are unlawful or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Both Parties agree that the courts of England and Wales will have non-exclusive jurisdiction