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Terms of Service – Eldercare Assistance with Elderly Care Service

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.

1.2 Why you should read them. Please read these terms carefully before you submit your Service registration to us. You must satisfy yourself that the services we provide and these terms on which we provide them are right for you and the service user.

1.3 If you need help with these terms. If there is anything about these terms that you don’t understand please feel free to contact our Eldercare Customer Care Team on 0345 603 4576 who will be happy to help. 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 Eldercare (UK) Limited a company registered in England and Wales. Our company registration number is 02163445 and our registered office is at 847 Burnley Road, Loveclough, Rossendale, Lancashire, BB4 8QL. Our registered VAT number is 444 8014 59.

2.2 How to contact us. You can contact us by telephoning our Eldercare Customer Care Team on 0345 603 4576. The Eldercare Customer Care Team and all advisers are available 9am to 5pm, Monday to Friday (excluding public holidays). Our Eldercare Customer Care Team aims to answer 80% of calls within 60 seconds. If they cannot answer the call, or the call is made outside of the hours of availability, you will be able to leave a voicemail message requesting a call-back. Our aim is to ensure that any request for a call-back left on voicemail is replied to within 1 working day.

Alternatively, you can write to us at info@eldercare.co.uk or by post to Customer Care Manager, 847 Burnley Road, Loveclough, Rossendale BB4 8QL.

2.3 How we may contact you. If we have to contact you we will do so by telephone using the number you provide to us in your application or by writing to you at the email address or postal address you provide to us in your application.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. How we may use personal information

3.1 If you are providing us with information about another person (e.g. the service user) you should ensure that you have their consent to do so.

3.2 We will only use your personal information and the personal information you provide to us about the service user as set out in these terms and our Privacy Policy. You can find a copy of our Privacy Policy at www.eldercare.co.uk.

3.3 Please note that all calls are recorded for training and monitoring purposes. This may include recording and monitoring information relating to the service user’s health and medical conditions. We will only retain call recordings for as long as necessary to fulfil the purposes for which we process the personal data and in accordance with applicable legal requirements.

3.4 We will delete your personal information and the personal information you provide to us about the service user in line with our Privacy Policy.

3.5 We may monitor use of our services by all or any of our customers, including you and service users, and use the information gathered in an aggregate and anonymous manner. We may use and publish such information, provided that such information does not incorporate any data identifying you and/or service users. For clarity, any data published or provided to other customers or third parties will only be in an aggregated and anonymous form.

4. Our contract with you

4.1 Activating your registration. You can activate your service registration and provide us with the service user details online by following the link provided by us or your employer. Alternatively, you can call our Customer Care Team on 0345 603 4576 to do so, or you can complete and return to us the forms that are included within your Welcome Pack.

4.2 How we will accept your registration. We will acknowledge your request to register to receive the services when we call or email you (depending on the contact details that you provide to us) to accept it, at which point a contract will come into existence between you and us. To the extent permitted by all applicable laws, we reserve the right to decline your application.

4.3 Employee benefit schemes. Our services are primarily available via your employer when your employer chooses to make our services available to you as part of its benefit scheme, which will either be paid for by you at preferential rates or by your employer (depending on the terms of your employment). If this is the case, your right to receive the services will cease if:

4.3.1 the agreement between us and your employer comes to an end;

4.3.2 your employment comes to an end; or

4.3.3 you are no are no longer eligible to receive the services as part of your employer’s benefit scheme.

You should be aware that the services may change or be withdrawn at your employer’s renewal.

4.4 If your employment comes to an end and/or you are no longer eligible. You must ask your employer to notify us and you must inform us if you are no longer eligible to receive the services via your employer, or your employment comes to an end. If you would like to continue to receive the services, we will use reasonable endeavours to continue to provide the services to you under a separate contract with you, provided you pay the relevant charges and abide by the relevant terms. However, this may not be on the same terms or at the same preferential rates as are available via your employer.

4.5 Employee Paid. If you pay for the services yourself, whether through PAYE or directly to us:

4.5.1 a minimum duration from the Services Start Date will apply to the contract between you and us, the length of which will be 12, 24 or 36 months depending on the plan selected by you. We refer to this in these terms as the ‘agreed initial term’; and

4.5.2 we will contact you before the expiry of the agreed initial term to ask whether you would like to renew. If you would like to renew, your contract with us will be renewed at the end of the agreed initial term for a further 12 months, provided that you continue to pay the charges when due and abide by these terms.

4.6 Cooling Off Period - If you change your mind about the services.

4.6.1 You have the right to cancel your contract with us within 14 days without giving any reason. This cancellation period will expire after 14 days from the day we accept your registration application (i.e. the conclusion of your contract with us).

4.6.2 To exercise this right to cancel, you must inform us of your decision to do so:

4.6.2.1 You may (but it is not obligatory) use the cancellation form enclosed within your Welcome Pack and post this to us at the address shown on the form. We will not accept any responsibility for cancellation forms lost, delayed or damaged in the post.

4.6.2.2 You can also electronically fill in and submit the cancellation form on our website at www.eldercare.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of your cancellation by phone or email (depending on the contact details that you have provided to us) without delay.

4.6.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the 14-day cancellation period has expired.

4.6.4 If you cancel this contract within the cancellation period and you are paying for the service (rather than your employer), we will make any refunds due to you as soon as possible and within 14 days of your telling us you have changed your mind.

4.6.5 If you are paying for the service (rather than your employer) and you have asked us to begin to provide any services during the 14-day cancellation period, you must pay us an amount which is in proportion to what services have been provided up until the time you tell us that you have changed your mind, or we can deduct such amount from any refund due to you.

5. Our services

5.1 Appointment of designated individuals. You may appoint any individual over the age of 18 years as the beneficiary of the services (the service user). We recognise that you may have commitments to those outside of your immediate family and the service user need not be related to you. If you appoint a designated individual to be the service user, you will be their service user representative and consent to us contacting you if we are unable to make contact with the service user or about any matters concerning the service user's use of the services. References throughout these terms to ‘you’ include the service user and/or you as their representative as the context requires.

5.2 We only provide services within the UK. Our services are provided solely to service users in mainland UK (i.e. England, Scotland, Wales and Northern Ireland, excluding the Scottish Highlands and Channel Islands). Unfortunately, we do not provide services outside mainland UK as described here.

5.3 Expert Care Advice Service:

5.3.1 If you wish to receive Expert Care Advice, you will be invited to call the Eldercare Customer Care Team in order to make an appointment with an expert Care Adviser by telephone at a date and time that suits you.

5.3.2 The Care Adviser will call you by telephone on the agreed date and time. Should the Care Adviser not be able to reach you via the agreed arrangement, the Care Adviser will leave a voicemail message to instruct you on how you can get in touch. If they are unable to leave a voicemail, they will attempt to contact you via email. A revised appointment between the Care Adviser and you can then be made.

5.3.3 The Care Advisers are available on 0345 603 4576 during the hours of 9am to 5pm, Monday to Friday (excluding public holidays).

5.3.4 The Care Adviser is able to provide expert care advice on aspects of care, both general and pertinent to an individual’s specific situation. The service includes advice about:

  • All appropriate care options
  • Guarding against potential future crises
  • Hospital discharge
  • NHS and Local Authority responsibilities regarding care
  • How to find ideal providers of care
  • State benefits
  • State funding of care
  • All relevant associated matters

5.3.5 We are not promoting any aspects of care identified by the Care Adviser, nor the service user’s eligibility for any of them. We cannot accept any liability for any loss or damage that may arise as a result of your, or the service user’s, use of or application for, any aspect of such care identified by the Care Adviser.

5.3.6 There is no restriction on the number of occasions during the lifetime of our agreement with you that you can request Expert Care Advice. We will aim to provide continuity of adviser to you where you ask us to do so and the Care Adviser is available to continue support.

5.4 Care and support at home Service:

5.4.1 If you wish to receive care and support services at home, or at the home of the registered service user, you will be invited to call the Eldercare Customer Care Team in order to request support for domiciliary care or handyman services.

5.4.2 An Eldercare Customer Care Adviser will take initial details of the request over the telephone (including type of service required and geographic area).

5.4.3 Domiciliary Care services. Should you request domiciliary care services:

5.4.3.1 The adviser will undertake a reasonable search for a suitable provider and check that they have the capacity to take on a new service user.

5.4.3.2 The adviser will aim to contact you by email.

5.4.3.3 Should you wish to proceed to a detailed discussion with a potential service provider and agree to your personal contact details (telephone number and email) being shared with the potential service provider, Eldercare will contact the potential service provider on your behalf and request the service provider to make contact with you within 1 working day. (Note: as the potential service provider is a third party, responding within the requested timeframe cannot be guaranteed by Eldercare).

5.4.3.4 Any private arrangement made by you with a third-party service provider will be entirely independent of the ‘Eldercare: Assistance with Elderly Care’ service. We are not promoting any third-party service provider identified by the adviser and our only role is making you aware that such third parties provide the particular care and/or services required in the relevant location. We cannot accept any liability for any loss or damage that may arise as a result of any services provided by any third-party service provider identified by the adviser.

5.4.4 Handyman services. Should the request be for handyman services:

5.4.4.1 The adviser will connect you to our third-party handyman service provider via email link or we will provide details of their website address. The service provider has an easy-to-use website and app tool that you can use to source and purchase services directly from vetted suppliers. Please note that we do not carry out any such vetting of suppliers.

5.4.4.2 Any private arrangement made by you with the third-party service provider or any third-party supplier will be entirely independent of the ‘Eldercare: Assistance with Elderly Care’ service. We are not promoting any third-party service provider or supplier and we cannot accept any liability for any loss or damage that may arise as a result of any services provided by any third-party service provider or any third- party supplier.

5.5 Alerts and emergency products: Telecare Assessment

5.5.1 If you wish to access a Telecare assessment, you will be invited to call the Eldercare Customer Care Team in order to make an appointment to speak with a Telecare Adviser by telephone at a date and time that suits you.

5.5.2 A Telecare Adviser will call you by telephone on the agreed date and time. Should the Telecare Adviser not be able to reach you via the agreed arrangement, the Telecare Adviser will leave a voicemail message to instruct you on how they can get in touch. If they are unable to leave a voicemail, they will attempt to contact you by email.

5.5.3 The Telecare Adviser will conduct a telephone-based telecare assessment to advise on the most suitable products to achieve the desired outcome(s) (such as medication reminders, falls detection, property exit alerts etc.). The Telecare Adviser will provide a fully costed telecare recommendation that will be sent to you by email or by post, arriving with you within 5 working days of the assessment.

5.5.4 You are under no obligation to act upon the recommendations. However, should you wish to take up a Telecare service and purchase any telecare products and/or supplementary monitoring services that are recommended, this can be purchased from Eldercare independently of the ‘Eldercare: Assistance with Elderly Care’ service. Any such purchase is not included as part of this service and different terms will apply.

5.5.5 There is no restriction on the number of occasions during the lifetime of our agreement with you that you can request a Telecare assessment. We will aim to provide continuity of adviser to you where you ask us to do so and the Telecare Adviser is available to continue support.

5.6 Alerts and emergency products: Six-week trial of the Eldercare Personal Alarm Service

5.6.1 Setting up a personal alarm trial. You can set up your personal alarm six-week trial:

5.6.1.1 by post:

(a) You can choose to complete the personal alarm service trial application form contained in your Welcome Pack and return this to us using the Freepost address provided or envelope if included in the pack.

(b) You will specify within the application form of the date you would like the personal alarm service six-week trial to commence. We will not accept any responsibility for forms lost, delayed or damaged in the post.

5.6.1.2 by telephone: You can call our Eldercare Customer Care Team (details above) with your application details. Please ensure that you have to hand all of the information which would be included within the application form contained in your Welcome Pack.

5.6.1.3 by email:

(a) We can send you the application form via email.

(b) You can then complete the required information on the application form and email this back to us.

5.6.1.4 online:

(a) We can send you a link to the application form online.

(b) You can then complete the required information and submit the application form to us online.

In all cases we must receive your application details no less than 10 working days before you would like the personal alarm service trial to commence. We will call or email you to confirm whether your requested start date is possible.

5.6.2 Registering the service user. We will register the details of the personal alarm service user on our internal system and on our call-handling platform within 1 working day of receipt of your application. Please see our Privacy Policy for details on how we protect personal data and how you can exercise your privacy rights, which is available at www.eldercare.co.uk.

5.6.3 Dispatching the alarm equipment. We will dispatch the alarm equipment by post to the service user’s address unless agreed otherwise, to arrive at least 5 working days before the start of the personal alarm six-week trial.

5.6.4 Alarm installation. The alarm unit is to be self-installed by the service user, or by someone on their behalf (e.g. a representative, friend or family member). The units are simple to install and come with easy-to-follow instructions. If assistance is needed, an adviser in the Customer Care Team will guide the installer through the process over the telephone during the hours of 9am to 5pm, Monday to Friday (excluding public holidays).

5.6.5 Alarm testing. You must test the personal alarm equipment once a fortnight during the six-week trial period to ensure that it is working properly. Please let us know immediately if you have any concerns about the alarm equipment working properly.

5.6.6 Technical support. The Eldercare Customer Care Team will provide first-line technical support on the alarm equipment over the phone during the hours of 9am to 5pm, Monday to Friday (excluding public holidays). We will replace the alarm equipment should it malfunction as soon as is practicable, usually within 24 hours. We cannot accept responsibility for maintaining equipment not supplied by, or purchased from, us.

5.6.7 Taking care of the alarm equipment. The alarm equipment remains the property of Eldercare while it is in your (or the service user’s) possession. You must take reasonable care of it and must not sell, dispose of or part with the possession of it to any other person while it is in your (or the service user’s) possession. You will be responsible for any breakage, loss or accidental damage to the alarm equipment while it is in your (or the service user’s) possession.

5.6.8 Monitoring. Our Emergency Response Centre will use their reasonable efforts to provide a 24/7 alarm monitoring of personal alarms during the trial period and respond promptly to an emergency alarm call.

5.6.9 We are not responsible for circumstances beyond our control. We cannot be held responsible for any delay or failure in providing this trial service due to circumstances beyond our control, including but not limited to calls not received by our Emergency Response Centre due to problems with telephone lines or networks signals, calls, the service user’s telephone line (for example, if it is occupied by an answering machine or service, fax machine, internet connection or other telephone equipment), any delay or failure by the emergency services to respond in a timely fashion, or adverse weather conditions.

5.6.10 We may end the trial early. We reserve the right to end the personal alarm trial before the expiry of the six-week trial period at our discretion (acting reasonably at all times), for example, in cases of misuse.

5.6.11 Expiry of the six-week personal alarm trial. During week 5 of the trial one of our Eldercare Customer Care team will seek to contact you to confirm the end date of the trial. We will try to make contact with you on three separate occasions via telephone. If unsuccessful by telephone, we will try to make contact with you once by email. If still unsuccessful, the trial will end on the six-week anniversary of the commencement of the service.

5.6.12 Retaining the personal alarm monitoring service. Should you wish to keep the equipment and continue with the personal alarm service, we will make the necessary amendments to the service user record. We will also provide our invoice to you for payment of the first quarter’s monitoring charges as well as a direct debit instruction to be completed by you for payment of on-going monitoring charges. We will aim to ensure that the alarm monitoring service continues without disruption to the service user, provided that all payments are paid when due.

5.6.13 Ending the personal alarm monitoring service. Should you wish the alarm service to cease at the end of the six-week trial period, or it otherwise ends (for example because we have been unable to contact you or in cases of misuse) we will send pre-paid postage and packing to the service user’s address, unless otherwise agreed, for returning the equipment.

5.6.14 You must post the equipment back to us within 10 working days of the end date of the trial. Should you fail to return the equipment within 10 working days, we will aim to contact you by telephone on three separate occasions and on a fourth occasion by email to remind you to return the equipment. As we reserve the right to recover the equipment, we may send an engineer to the service user’s home to attempt recovery on one, if not more than one occasion. We reserve the right to invoice you for a sum equivalent to the current value of the equipment or for the cost of recovering the equipment.

6. charges

6.1 Corporate Paid. If the services are paid for by your employer, we will provide the services to you on condition that your employer continues to pay the applicable charges to us when due and you abide by these terms.

6.2 Employee Paid. If you pay for the services yourself, whether through a payroll deduction facility administered by your employer or directly to us:

6.2.1 we will provide the services to you provided that you continue to pay the charges when due and abide by these terms, unless we receive notice from you that you wish to bring the contract to an end (see section 9 of these Terms);

6.2.2 if you wish to end your contract with us before the expiry of the agreed initial term (being 12, 24 or 36 months depending on which plan you select), you will still be liable to pay the applicable charges for the remainder of the agreed initial term. Please note that this does not affect your statutory right to change your mind within the cooling off period (see section 4.6 of these Terms).

6.3 All sums payable to us in respect of the services:

6.3.1 are inclusive of any VAT chargeable on those sums, for which we shall provide a VAT invoice; and

6.3.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7. Our rights to make changes

7.1 Minor changes to the services. We may change the services:

7.1.1 to reflect changes in relevant laws and regulatory requirements; and

7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.

7.2 More significant changes to the services and these terms. In addition, from time to time we may make changes to these terms or the services themselves, but if we do so we will notify your employer and you will be informed. Your employer and you may then contact us to end the contract before the changes take effect if you do not, or your employer does not, wish to continue to receive the services (see section 9 of these terms).

8. Providing the services

8.1 When we will provide the services. We will supply the services to you as described in these terms until either our agreement with you (or your employer, if applicable) expires, or you or we bring the contract to an end as described in these terms.

8.2 We are not responsible for delays outside our control. If the supply of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

8.3 What will happen if you do not give required information to us. We need certain information from you so that we can supply the services to you, for example, information about the service user to be provided on the Service User Application Form. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or inaccurate information, we may either end our contract with you or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time.

8.4 Reasons we may suspend the supply of services to you. We may suspend the supply of a service:

8.4.1 to deal with technical problems or make minor technical changes;

8.4.2 to update the services to reflect changes in relevant laws and regulatory requirements.

8.4.3 if any payment due to us is not paid when it is due and payment is still not made within 28 days of us reminding you (or your employer, if applicable) that payment is due. In these circumstances we will try to contact you to tell you we are suspending supply of the services until the outstanding amounts have been paid.

8.5 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the supply of the services for technical reasons, or tell you we are going to do so, in each case for a period of more than one week.

9. Your rights to end the contract

9.1 You can always end your contract with us. Your rights when you end the contract will depend on the services you are using and when you decide to end the contract.

9.2 If you want to end the contract because of something we have done or have told you we are going to do. You can end the contract at any time if:

9.2.1.1 we have told you about an upcoming change to these terms or the services which you do not agree to (see section 7.2 of these terms); or

9.2.1.2 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or

9.2.1.3 you have a legal right to end the contract because of something we have done wrong.

9.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to continue to pay for the services until the end of the agreed initial term (which will be 12, 24 or 36 months depending on which plan you select). If you want to end your contract in these circumstances and you no longer wish to receive the services, just contact us to let us know. We will inform you of the date your contract with us will end, including details of any continuing payments you are required to make until the end of the agreed initial term (if applicable). We will only continue to charge you for supplying the services up to the date of the expiry of any applicable agreed initial term.

9.4 How to tell us that you no longer wish to receive the services (including if you have changed your mind).

9.4.1 If you wish to stop receiving the services, please let your employer know in accordance with your employer’s procedures.

9.4.2 You must also let us know that you wish to cancel your contract with us by:

9.4.2.1 Phone or email. Call our Eldercare Customer Care Team on 0345 603 4576 or email us at info@eldercare.co.uk. Please provide details of the services you are registered for, your name and address and the service user‘s name and address.

9.4.2.2 Online. Complete the cancellation form on our website at www.eldercare.co.uk.

9.4.2.3 By post. Complete the cancellation form included in your Welcome Pack (also available online to print off at www.eldercare.co.uk) and post it to us at the address on the form. Or simply write to our Customer Care Manager at FAO Customer Care Manager, 847 Burnley Road, Loveclough, Rossendale BB4 8QL including details of the services you are registered for, your name and address and the service user‘s name and address. We will not accept any responsibility for cancellation notice lost, delayed or damaged in the post.

10. Our rights to end the contract

10.1 We may end the contract. We may end our contract with you at any time by writing to you if:

10.1.1 any payment due to us is not paid when it is due and payment is still not made within 28 days of us reminding you (or your employer, if applicable) that payment is due;

10.1.2 you provide incomplete or inaccurate information, including if you intentionally provide false and/or misleading information;

10.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, information about the service user; or

10.1.4 you (or the service user) behaves or acts in an inappropriate, threatening or abusive manner towards a member of our team or one of our service providers or suppliers; or

10.1.5 you fail to comply with these terms and/or the terms of any other agreement between you and us.

We will notify you in writing of the reason for ending our contract with you.

10.2 We may withdraw the services. We may write to you to let you know that we are going to stop providing a service. We will let you know a reasonable time in advance of our stopping the supply of the service.

11. How to make a complaint

11.1 We are committed to providing the highest level of service to you.

11.2 If you have any questions or complaints about the services, please contact us. You can telephone our Eldercare Customer Care Team on 0345 603 4576. The Eldercare Customer Care Team and all advisers are available 9am to 5pm, Monday to Friday (excluding public holidays). Our Eldercare Customer Care Team aims to answer 80% of calls within 60 seconds. If they cannot answer the call, or the call is made outside of the hours of availability, you will be able to leave a voicemail message requesting a call- back. Our aim is to ensure that any request for a call-back left on voicemail is replied to within 1 working day.

11.3 Alternatively, you can write to us at quality.assurance@eldercare.co.uk or FAO Quality Control Team, 847 Burnley Road, Loveclough, Rossendale BB4 8QL.

11.4 We shall deal with all complaints or claims in accordance with our Complaints Handling Procedure, which is available at www.eldercare.co.uk (or such other website address as we may notify to you from time to time). We may amend our Complaints Handling Procedure from time to time.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

12.2 What we are not responsible for.

12.2.1 We are not responsible for any errors or omissions in any information, instructions or advice provided to you as part of the services (unless we are negligent), nor for any decisions you may make after having spoken to one of the advisers as part of the services.

12.2.2 We are not responsible for the advice, content or your use of advice or content provided by any third-party provider that we may engage to provide parts of the service (unless we are negligent). If that third-party provider fails to provide the services that it is engaged to provide, our liability in such circumstances shall be to use reasonable endeavours to source and appoint an alternative provider of the same or similar quality and experience for that part of the service.

12.2.3 We make no warranty and give no representation in respect of the taxation or other legal or administrative requirements applicable to you and/or your employer in relation to the services and you and/or your employer (as applicable) are fully responsible for and shall comply at all times with all applicable legal and administrative requirements including taxation and/or disclosures to HM Revenue & Customs (if required).

12.3 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

12.4 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services 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.

13. Other important terms

13.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 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.

13.3 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.4 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.

13.5 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 you are required to make and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

13.6 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 services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

These terms are effective from 18th February 2020 and replace all previous versions.