Terms & Conditions
INFORMATION ABOUT US
Preparing4Care.co.uk is a site operated by Preparing4Care LLP ("We"). We are a limited liability partnership registered in England and Wales under company number OC427880 and have our registered office at 2 Old Market Court, Miners Way, Widnes, Cheshire, WA8 7SP. Our main trading address is at Flight House ,Earls Colne Business Park, Colchester, Essex CO6 2NS.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. When using our site, you must comply with the provisions of these terms. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply with applicable law in the UK and in any country from which they are posted, and must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material; p
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
JURISDICTION AND APPLICABLE LAW
Preparing4Care and P4C are UK unregistered trademarks of Preparing4Care LLP.
If you have any concerns about material which appears on our site, please contact Info@Preparng4Care.co.uk. Thank you for visiting our site.
Preparing4Care LLP – Terms and Conditions
Preparing4Care provides a service which allows its members to upload and store information concerning their personal and care preferences and wishes. Care providers can then access this information and use it to tailor care services to our members’ needs.
These Terms and Conditions govern your use of our services (“the Service”; described in clause 4 below).
- 1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions on which we supply the Service and our digital content to you.
1.2 Why you should read them. Please read these Terms carefully before you use the Service. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
- 2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Preparing4Care LLP, a limited liability partnership registered in England and Wales with company registration number OC427880 and our registered office is at 2 Old Market Court, Miners Way, Widnes, WA8 7SP (“us”, “we”).
2.2 How to contact us. You can contact us by telephoning our customer service team at 01376 318326 or by writing to us at Preparing4Care, Flight House, Earls Colne Business Park, Colchester, Essex, CO6 2NS, Our website is Preparing4Care.co.uk.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided when creating your Account.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- 3. OUR CONTRACT WITH YOU
3.1 Who these Terms apply to. These Terms apply to the person providing their information (“the Individual”), anyone that the Individual authorises to act on their behalf (“the Family Member or Trusted Person”) and to the provider of the Individual’s care (“the Healthcare Provider”) (together “you”, “your”). You can be a natural person, partnership, firm or corporate body of any kind, and these Terms will apply to any staff, employees, consultants or other agents howsoever appointed.
3.2 How you can use our Service. You can use our Service by creating an appropriate Account on our Website.
3.3 If we cannot accept your application. We will inform you if we are unable to accept your subscription. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the subscription services or because of technical difficulties.
3.4 We only provide services the UK. Our Website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- 4. OUR SERVICE
4.1 Individual. You can become an Individual by creating an Account on our Website. You can then complete the Personal Reference Guide to provide us with information concerning your personal and care preferences and wishes. You can provide as much or as little information as you choose. You can edit and amend the information that you provide whenever you want. We will then store this information securely on your behalf. You can give access to this information to a Family Member or Trusted Person (who can be a relative, friend, advisor or anyone that you choose) so they can help you complete the information and keep it up to date. You can also give access to this information to a Healthcare Provider, so they can help you keep it up to date and use it to better tailor your care to you. You give access to Family Members or Trusted Persons and Healthcare Providers by sending them an email link from our Website, and you can appoint as many Family Members or Trusted Persons and Healthcare Providers as you choose.
4.2 Family Member or Trusted Person. A Family Member or Trusted Person can access the Individual’s Personal Reference Guide with the authorisation of the Individual. Once authorisation has been granted, Family Members or Trusted Persons can view the Individual’s Personal Reference Guide, add narrative to information contained therein and add new information. Any comments made by a Family Member or Trusted Person will be stamped with the time, date and name of that Family Member or Trusted Person so the source of any comments can be identified. Family Members and Trusted Persons can grant access to Healthcare Providers. The Individual can remove access from Family Members and Trusted Persons at any time.
4.3 Healthcare Providers. A Healthcare Provider can access the Individual’s Personal Reference Guide with the authorisation of the Individual or any Family Member or Trusted Person. Once authorisation has been granted, Healthcare Providers can view the Individual’s Personal Reference Guide, add narrative to information contained therein and add new information. Any comments made by a Healthcare Provider will be stamped with the time, date and name of that Healthcare Provider so the source of any comments can be identified. The Individual and any Family Member or Trusted Person can remove access from Healthcare Provider at any time.
4.4 Information provided. Any information contained within Personal Reference Guide that you provide will be marked with details of the provider of that information and the date that it is provided. These details will be clear to anyone who views the Account. You warrant that any information that you provide is accurate. Any information that you provide is beyond our control and we do not make any checks at all in respect of this information. Accordingly, we offer no warranties in respect of the information provided.
4.5 Advice provided. We do not provide any legal, medical, financial or any other kinds of advice at all. Our Service is strictly limited to storing the information that you provide in the Personal Reference Guide, and thereafter allowing you to access this information. We do not offer any advice at all in relation how this information is used. We are not liable if you suffer a loss as a result of actions taken in reliance on the Service. If you are in any doubt, you should seek your own professional advice.
4.6 What will we do with the data if we stop providing the Service? If we stop providing the Service we will delete all information stored within your Personal Reference Guide. We will provide you with not less than seven days’ notice of this to enable you retain a hard copy and/or pdf document of the information that we hold.
- 5. OBLIGATIONS
5.1 You and we are obliged to comply with these Terms.
5.2 We are obliged to keep your information secure and not allow it to be accessed by an unauthorised third party.
5.3 You are obliged to use the Service for the purpose for which it is intended. The information contained within the Individual’s Person Reference Guide is to record their personal and care preferences and wishes to improve the care that they receive. You are not allowed to use the Service for any commercial purposes.
5.4 You are obliged to keep the Account and information contained within the Service secure. You must ensure that you do not divulge details of the Account or information contained within the Service to any unauthorised third party. You are responsible for any losses that a party suffers as a result of any data loss or breach caused by your fault.
- 6. CHARGES
Cost to you. We do not charge you for using our Service. The Service is free for the Individual, any Family Members or Trusted Persons or any Healthcare Providers.
- 7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Service. We may change the Services:
(a) to update or offer new areas of information to be stored;
(b) to reflect changes in relevant laws and regulatory requirements; and
(c) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service.
7.2 More significant changes to the Service and these Terms. In addition, we may make more significant changes to these Terms or the Service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
7.3 Updates to digital content. We may update any digital content, provided that such updates do not materially alter how the digital content can be used.
- 8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; and
(c) If you have just changed your mind about the product, see Clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Service or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Service and you do not wish to proceed;
(c) there is a risk that delivery of the Service may be significantly delayed because of events outside our control;
(d) we have suspended delivery of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. However, we offer more generous terms than your legal rights. You can change your mind and cancel the contract whenever you want. This does not affect your legal rights.
- 9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01376 318326 or email us at info@preparing4Care.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address;
(b) Online. Complete the online form on our website; or
(c) By post. Write to us at Preparing4Care, Flight House, Earls Colne Business Park, Colchester, Essex, CO6 2NS
- 10. YOUR LIABILITY TO US AND OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may stop supplying the Service to you at any time by writing to you if:
(a) the Individual wishes that the accounts of their Family Member or Trusted Persons or their Healthcare Providers be cancelled;
(b) you breach these Terms; and/or
(c) if in our reasonable opinion you’ve acted unreasonably.
10.2 We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least seven days in advance of our stopping the supply of the Service.
10.3 You must compensate us if you break the contract. If you breach of these Terms you must fully indemnify us against any losses that we may suffer howsoever arising.
10.4 You may be liable to another party to this contract if you breach these Terms. Family Members or Trusted Persons and Healthcare Providers should consider their obligations to the Individual.
- 11. IF THERE IS A PROBLEM WITH THE SERVICE
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01376 318326 or write to us at Preparing4Care, Flight House, Earls Colne Business Park, Colchester, Essex, CO6 2NS
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- 12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products in relation to the Consumer Rights Act 2015.
12.2 Our liability to you. Subject to Clause 12.1 above, our total liability to you in respect of all breaches of duty is limited to the total charges levied by us on you in the calendar year in which the breach occurred.
12.3 We are not liable for defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we do not owe you any liability.
12.4 We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.5 We are not liable for any inaccurate information or errors contained in the information stored within the Service. We are not responsible for uploading this information as our sole role is to store this data and therefore have no control of its accuracy.
12.6 We are not liable for any losses resulting from the use of the Service. The Service is limited to storing the information that you have provided to us, and we have no control over how this information is used by you. We offer no advice or warranties in relation to how the information held in the Service is used.
12.7 We are not liable in the event that the Service becomes corrupt of the information is lost. We remind you that the Service is provided to you free of charge and that we may withdraw it at any time. You may print hard copies or download a pdf document containing all information that we hold at any time. We recommend that you keep your own records.
12.8 We do not provide any warranties in respect of any other party’s use of the Service. We are not liable to any party in the event that any other party breaches these Terms. Accordingly, we are not liable to any party in the event that another party suffers a data breach or any other loss.
- 13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.2 We confirm that we will never sell your data to another organisation.
- 14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
Last updated: 07/10/2019