The following terms are used in this document:
means this agreement between You and Us and all documents referred to in this agreement, Your Care Plan and any other documents entered into between Us and You in respect of the Services (as varied from time to time in accordance with this agreement).
means a bank holiday in England and Wales, details of which can be found at https://www.gov.uk/bank-holidays.
means the cancellation notice contained in the Notice of Your Right to Cancel set out at the end of this agreement a copy of which is available to access and complete via the Platform.
means the care manager notified to You in the Service User Guide or such other care manager as notified to You from time to time.
means a written description, prepared by Us, describing the nature and level of Services which You have requested We supply to You and We have agreed to supply to You, as amended from time to time. In the case of emergency care which we have agreed to provide such plan may initially be in oral form and shall, as soon as reasonably practicable, be provided in written form.
means the person providing the Service. Where more than one person is providing the Service for You, “Care Worker” should be read as “Care Workers'” in this Agreement and a reference in this Agreement to a “Care Worker” shall include a “Live-in Care Worker” (unless otherwise specified).
‘Live-in Care Worker’
means a Care Worker who lives in your Home for a period of time to provide the Services pursuant to our Agreement.
means the complaints and/or feedback procedure referred to at clause 7.1 and contained in the Service User Guide (as varied from time to time).
‘Data Protection Legislation’
the EU General Data Protection Regulation 2016/679; together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same. The terms “personal data”, “data subject”, “controller”, “processor” ,“process” (and its derivatives) and “special categories of personal data” shall have the meanings given to them in the Data Protection Legislation.
means calendar days.
means the fees for the Service (which shall include the Bank Holiday Fees) notified to You initially in the Fee Schedule and as calculated in accordance with our Agreement or, in respect of emergency care, as agreed with you prior to the provision of such care and as amended in accordance with our Agreement from time to time.
means the schedule, provided by Us at the end of this agreement, setting out the Fees payable by You / on Your behalf for the Services (as amended in accordance with Our Agreement from time to time).
means Your home address from time to time.
means Our first Visit to You during which We shall agree with You the Care Plan and Our Fees.
‘Medication Record Sheets’
means the sheets on which Our Care Workers record any medication provided to You as part of the Services.
Our care platform which can be accessed at ceracare.co.uk or such other address notified to You from time to time.
‘Service’ or ‘Services’
the managed homecare services to be provided by us to You at Your Home (or if Your Care Plan includes it) assistance with activities outside Your Home, provided in accordance with Our Agreement and set out in the Care Plan and which, where applicable, shall include any emergency care we agree to provide.
‘Service User Guide’
the guide provided by Us to You in respect of the Services to be provided on or around the date of this Agreement.
where the Service You require is subject to regulation, We are required to be registered with Care Quality Commission (CQC). Contact details for the Statutory Regulator are provided in the Service User Guide, and upon request.
the times during which We attend Your Home to provide the Service
Monday to Sunday during the term for which the Services are provided.
- 1Your care
- 1.1 Your care
We will offer care which reflects Your needs and preferences as set out in your Care Plan and, in particular:
- We will visit You and Your Home to discuss Your care requirements before We commence the Service or, in emergency situations, at the earliest opportunity;
- We will work with You, Your family and any appropriate external social or health care professionals to carry out an assessment of Your needs and preferences for care and treatment which We will record in a Care Plan;
- Where possible, we will enable and support You to be involved in decisions about the planning of Your care;
- We will design Our care and services with a view to ensuring Your wellbeing;
- We will make reasonable adjustments, where required and possible, to meet Your individual needs;
- We will ensure that We have suitable facilities to meet Your needs and ensure Your safety; and
- We will regularly assess the risks to Your health and safety of receiving care and do all that is reasonably practicable to mitigate such risks.
- 1.2You will inform Us and keep Us informed of all information which may be relevant to the Care Plan including, but not limited to, Your likes, dislikes, allergies, and lifestyle preferences, physical and medical conditions, including any information provided by any medical professional. You will inform us of any change to your Home address. Following such change, We may carry out a further assessment of Your needs.
- 1.3If You are unable to express Your preferences due to lack of capacity (in accordance with the provisions of the Mental Health Act 2005) We will discuss and agree Your care and Your Care Plan with a relative or other authorised representative and act in accordance with Your best interests when making decisions on Your behalf (which will be in accordance with Your Care Plan).
- 1.4We will treat You with dignity and respect, ensure Your privacy and allow You as much autonomy, independence and involvement in Your care as You wish, subject to the health, safety and welfare of Our Care Workers and staff. We will encourage You to manage Your own care as much as practicable.
- 1.5We will seek Your consent or, if you do not have sufficient capacity to provide consent, the consent of your relative or other authorised representative before giving any personal care to You. The care We provide will be appropriate and safe and will be provided by suitable Care Workers.
- 1.6We will take appropriate steps to prevent You from being abused or subject to improper treatment and We will respond promptly to allegations of abuse. We will deal with complaints in accordance with Our Complaints Procedure.
- 1.7We will provide the Service set out in the Care Plan to You with all reasonable skill and care.
- 1.8We will formally review the Care Plan:
- every three to six months following implementation of the Care Plan;
- at Your reasonable request;
- when it is apparent to Us that Your circumstances have changed; and/or
- at any other time as We consider appropriate or desirable.
- 1.9We will review the Care Plan with You, Your family (if requested) and, where applicable, any other appropriate external social or health care professionals and take all reasonable steps to ensure you understand the Care Plan. Provided You have sufficient capacity to do so, You shall use Your best endeavours to participate in the review of the Care Plan.
- 1.10If Your needs change or increase to a level which cannot be met by Us, We will tell You without delay, and will endeavour to discuss alternative arrangements, and agree a mutually acceptable solution with You. We will continue to provide the Service to You during this period (unless We have given You notice to terminate under clause 13.8(c) and Our Agreement has been terminated).
- 1.11As part of Your Care Plan, We will agree the frequency of Our Visits to You and, if applicable, the days and times at which the Services will be provided to You. If You require any change to such agreed times You will need to inform Us before the Monday in the Week prior to the Week in which the change is required to take effect and, in the event that such change results in a change to Our Fees, arrange for the updated Fees to be paid at the same time as You notify Us of such changes.
- 1.12As part of Your care We may be able to offer additional services and support for which you may be charged an additional amount. If, following consultation with us, You would like to try any of Our additional services We may require that You enter into a separate agreement for these.
- 2Fees and Charges
- 2.1Subject to clause 2.2 and clause 2.14, Fees are arranged and agreed at your Introductory Visit and are calculated based on Your needs and the level of care required as provided in Your Care Plan.
- 2.2Where emergency care is required, We will agree a Fee for such emergency care before such care is provided and, if further care is required following completion of the provision of such emergency care, We will agree Fees with You for such further care as soon as reasonably practicable following notification that such care is required and, in any event, on or before the Sunday in the Week prior to the Week the care is requested to commence.
- 2.3Where We agree to provide emergency care to You, the Fees agreed (in accordance with clause 2.2) in respect of such emergency care shall be payable immediately by You and We shall not be required to carry out any emergency care until such Fees have been paid.
- 2.4The Care Worker will record their Visit using their own smartphone and Our Fees will be charged on the basis of such records.
- 2.5You will pay our Fees in accordance with the Fee Schedule and the provisions of this clause 2.
- 2.6Save where otherwise agreed and subject to clause 2.9, Our Fees are payable in advance in respect of Services to be provided in the following Week on or before the Monday of each Week. Unless it is an emergency, We will not be able to schedule Your care for the following Week unless We have received payment by this date.
- 2.7You can pay Fees by direct debit instant payments (Maestro, Visa, Visa Debit, Mastercard, American Express) to Our bank details provided to You for this purpose from time to time or by any other method agreed with Us in writing in advance.
- 2.8Where You agree to make payment by instant payment (by a credit or debit card), payment will be taken on the Monday of each Week in respect of Services to be provided during the following Week and where payment is made by direct debit, payment will be taken on the Sunday of each Week (in respect of Services to be provided during the following Week) although the direct debit mandate in respect of such payment must be submitted to Us on or prior to the Monday of that Week.
- 2.9Where full or part-payment of Our Fees is to be made by a third party We will liaise with them directly to arrange payment and You will provide Us with all details and assistance reasonably requested by Us to enable Us to do so. Notwithstanding any agreement reached with a third party in respect of payment, in the event that You are required to pay any part of Our Fees this will be in accordance with Our Agreement and the Fee Schedule unless agreed otherwise in writing.
- 2.10Without limiting any other right or remedy available to us, We reserve the right, in the event that You have failed to pay the Fees, in accordance with Our Agreement, to:-
- suspend the Service in accordance with clause 12.1 until payment has been made in full (and Service will be resumed at the beginning on the Week following the Monday on which payment is received); and/or
- charge interest on any overdue amount at the rate of 4% per annum above the base rate from time to time of HSBC Bank plc from the due date until the date of payment, whether before or after any judgement, and You shall pay such interest together with the overdue amount.
- 2.11We will be entitled to review and increase our Fees for the Service on an annual basis or at any other interval for any reason, including but not limited to:
- (save for in respect of the Bank Holiday Fees) there is a change to the Service; and/or
- the cost of providing the Service increases (which shall include, without limitation, the cost of labour, materials and overheads); and/or
- a change is necessary in order to comply with any applicable safety, regulatory or statutory requirements.
- 2.12If We increase our Fees as the result of (i) emergency care or (ii) the change of Your care plan, You will be obligated to pay such increased Fees to Us from the date the cost of providing the Service increases.
- 2.13Unless the increase in our Fees is because of a change to the Service We will give You and / or Your representative at least 2 weeks’ notice of any increase in our Fees. If the increase in our Fees is because of a change in the Service, we shall agree the change to our Fee with You at the time of agreeing the change to the Service.
- 2.14In the event that any third party agrees to pay the Fees, You should notify us of this. You shall remain ultimately responsible for payment and, in the event that such third party fails to pay any Fees when due, this will not affect our rights and remedies pursuant to this clause.
- 2.15In respect of Services provided on any day which is a Bank Holiday at any time during such day, Our Fees for Services provided during that day shall be increased as follows:
- for Services provided on a daily (or nightly) basis (which shall include Services where a Live-In Care Worker is provided), by £85 (inclusive of VAT per day (or night)) to be paid in addition to the Fee set out in the Fee Schedule (as varied from time to time in accordance with Our Agreement), such increased rates being the “Bank Holiday Fees”. The additional Fees charged pursuant to this clause are used to pay Our Care Workers an increased amount for providing their services on Bank Holidays.
- 3Our Care Workers
- 3.1Our Care Workers are employed by us.
- 3.2We will exercise reasonable care and skill to meet Your individual needs as set out in the Care Plan and to provide suitably trained, sufficiently skilled, experienced and competent Care Workers to provide the Service.
- 3.3In the event that it is necessary for a Care Worker to attend Your Home at a different time and/or day to that agreed, We will give You as much notice as possible.
- 3.4We will endeavour to supply a named Care Worker approved by You each time We supply the Service to You. However, sickness, emergencies, availability, certain business reasons and unforeseen events may require us to supply an alternative Care Worker to You. You are obligated to accept such an alternative Care Worker in the event that the original Care Worker cannot continue care for such reasons. We will endeavour to give You as much advance notice as circumstances allow.
- 3.5If a Care Worker fails to attend Your Home, or You are not satisfied with the standard of the Service, You must notify us by telephone or email without delay. This does not affect Your right to make a complaint in accordance with Our Complaints Procedure.
- 3.6Our Care Workers are not permitted to carry out certain tasks, including the following tasks:
- heavy lifting of any kind, including lifting or moving You without appropriate equipment or a sufficient number of people to assist;
- household maintenance (including DIY tasks);
- buying or recommending any over-the-counter preparations such as aspirins or cough medicines; and
- any other tasks which they are not allowed to carry out pursuant to any applicable laws, regulations or policies.
- 3.7Our Care Workers are made aware that they will only assist you with medication when authorised to do so and agreed as part of the Care Plan. All medication should be made available in their original packages and dosset boxes arranged by the pharmacist. Medication Record Sheets will be completed on each Visit (or, if less, once a day) by Your Care Worker.
- 4Gifts and payments
- 4.1The Care Worker (or any other person employed or engaged by Us) is not permitted to accept any gifts or tips. Please do not leave any items or money to the Care Worker (or any other person employed or engaged by Us) in Your will.
- 5Your Home as a workplace
- 5.1You will allow us access to your Home to provide the Services and provide a safe environment and appropriate equipment to allow the Care Worker to carry out the Service. This shall include:
- Maintaining a generally clean and safe home free of risks and hazards;
- maintaining a safe route of access to and from Your home;
- providing any equipment supplied by You, or a third party, that is required to deliver Your care such as lifting and transfer aids, wheelchairs and other mobility aids;
- providing all domestic cleaning equipment such as vacuum cleaners, mops, irons etc;
- informing us of any communicable diseases in the household; and
- ensuring that any equipment supplied by You, or a third party, that is required to deliver Your care is regularly maintained and inspected in accordance with all relevant safety requirements.
- 5.2We are required to ensure that Your Home and equipment is safe to use for the provision of the Service. We will notify You if We find that Your Home or equipment is not safe and, where possible, assist You with making any necessary changes.
- 5.3An entry plan for Your Home may be agreed with You, Your relative or Your authorised representative and if so will appear in the Care Plan.
- 5.4Your telephone must not be used by Your Care Worker except for the following reasons:
- You or they have a medical emergency; or
- they have been given permission by Yourself,
however, We will not under any circumstances be responsible for payment of Your telephone bills.
- 6Live-in Care Workers
- 6.1Legally, Live-in Care Workers have various rights which include (without limitation) the following
- 6.1.1provision of a separate bedroom for them with suitable bathing and toilet facilities which are clean and in a good state of repair; and
- 6.1.2a minimum 2 hours break per day. This time off must be within daylight hours. If agreed at the time of assessment some of these hours may be banked to provide longer periods of time off on fewer days, but the minimum provision must be 14 hours over a 7 day week; and
- 6.1.3provision of ample food and clean bedding as well as adequate cleaning materials and protective clothing to carry out the Service properly. With respect to food, You are obligated to pay an additional £30/week food allowance as detailed in the Fee Schedule.We will discuss these requirements with you in detail and record these in your Care Plan.
- 6.1.4If You are unhappy remaining alone for any period during which the Live-In Care Worker has their break then We will be happy to discuss alternative arrangements as part of your Care Plan but cannot guarantee the form or scope of such arrangements. Such arrangements may include:
- arranging for a family member to cover the break; or
- arranging a care worker to attend to whilst the Live-in Care Worker is having their break.
You acknowledge and agree that you will pay the Company any excess fees as a result of these alternative arrangements. Such excess fees will be invoiced in arrears and immediately due and payable by You to the Company.
- 7Complaints & service monitoring
- 7.1We will operate a feedback procedure by which You, or, if you lack sufficient capacity, a relative or other authorised representative can make a complaint or suggestion in relation to the Service. This procedure is described in the Service User Guide. Upon request We will also provide a copy of the procedure to any representative who is acting on Your behalf.
- 7.2Should You have a reasonable cause to complain regarding the Service provided by Us, please inform the Care Manager as soon as possible, using our Complaints Procedure.
- 7.3In order to comply with the requirements of the Statutory Regulator or to monitor the quality of the Service, it may be necessary, from time to time, for a member of our staff to observe, supervise, or work with the Care Worker in Your Home. We will give You as much notice as possible if any person other than the Care Worker is to attend Your Home and You will use Your best endeavours to co-operate with us in respect of this clause 7.3.
- 7.4Notwithstanding the provisions of Clause 7.3, You agree that from time to time and, We may, make unannounced spot-checks at Your home or residence for the purpose of ensuring the quality of the Service and assess the environment in which our Care Workers are operating. You agree that you will use reasonable efforts to permit access to Our staff for the purpose of conducting these spot-checks. Such spot-checks will be conducted at Your prior consent giving you reasonable notice thereof.
- 7.5You may be asked to participate in user satisfaction surveys, or to be interviewed in person:
- as part of our quality assurance procedures; or
- at the request of the Statutory Regulator.
- 7.6You are not obliged to reply to satisfaction surveys or interviews. We will always request Your consent before We commence any Service monitoring in Your Home.
- 8.1We will operate a 24 hour telephone helpline, online chat and email service, as specified in the Service User Guide. This line can be used in relation to problems such as: Your care needs changing, or Your Care Worker not arriving as expected. For the avoidance of doubt, this telephone number should not be used for medical or other emergencies.
- 9Data Protection and confidentiality
- 9.1We shall be considered to be a controller in respect of personal data and special categories of personal data disclosed to Us by You or by another individual on Your behalf.
- 9.2We will comply with Our obligations as a controller in respect of personal data and special categories of personal data processed by Us in connection with the Services (“Personal Data”).
- 9.3We shall process Personal Data as reasonably required to provide the Services, meet Our legal or regulatory obligations or for Our other reasonable business purposes (including quality control and administration) and may disclose Personal Data to any third parties, regulators and any party based in any jurisdiction including a jurisdiction outside the European Economic Area provided that such disclosure is reasonably required in connection with such purposes and is at all times in compliance with applicable Data Protection Legislation.
- 9.5In order to provide Our services we may disclose to You our Care Worker’s personal data. You also agree that this information is You will not disclose, either directly or indirectly, such information to any other person, company or firm for any reason unless such disclosure is required by law, the Statutory Regulator or any relevant local authority.
- 10.1We will ensure that the Care Worker shall keep a daily record of the care You receive, any assistance with Your medication and any other significant information. All records are stored on the Platform which You can access online using your own login details (provided on Your registration). You may provide Your login details to Your relatives or other authorised representative but otherwise should keep Your login details safe and secure and not share them with anyone else and let Us know if You suspect any unauthorised access to Your account.
- 10.2In the event that You cannot access the Platform for any reason, We shall provide a hard copy of such records on request.
- 11Insurance & liability
- 11.1Subject to clause 11.2 and clause 15, We are responsible for loss or damage that is a foreseeable result of Our breach of this Agreement or us failing to use reasonable care and skill, but We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement.
- 11.2Nothing in this Agreement limits or excludes Our liability:
- for death or personal injury resulting from Our negligence or the negligence of our employees, sub-contractors or consultants; or
- for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation; or
- for breach of Your legal rights in relation to the Services; or
- for any other matter for which it would be unlawful to exclude or limit Our liability
- 11.3If, during the provision of the Services in Your Home, We cause any damage to your Home. We will make good any damage save for where such damage is caused as a result of any pre-existing fault or damage or the provision of any faulty equipment by You.
- 11.4We strictly require each of the Care Workers to hold sufficient liability insurance policy (hereinafter referred as “Policy”) at the minimum level as required by the then-current applicable laws.
- 11.5You will ensure that, at all times during which the Services are being provided:
- You have in place suitable building and contents insurance to cover accidental damage to Your Home or its contents; and
- where the Services include Our Care Worker driving Your motor vehicle, that You have suitable and adequate motor insurance to cover damage or personal injury caused by the use of the motor vehicle by the Care Worker to passengers, Your vehicle and / or third parties or their property.
- 11.6During the provision of the Services, We may suggest that You use certain third party service providers. Such suggestions are not part of the Services We provide. Your use of such third party service providers is entirely at Your discretion and at Your own risk and any contract with such third party service provider will be solely between You and them. We do not accept any responsibility for any loss or damage whatsoever that You may suffer as a result of Your use of such third party providers.
- 12Withdrawal of the Service
- 12.1We reserve the right to withdraw a Care Worker and/or to cancel Our Agreement with immediate effect in circumstances which make the continued provision of the Service untenable. Such circumstances would include (but would not be limited to) failure by You, or someone else at Your Home to provide a safe environment and/or appropriate equipment for the Service (and following which You have had a reasonable period to rectify such failure), sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that a Care Worker undertake unreasonable or illegal activities.
- 12.2Smoking: for the health and safety of Our staff We ask You and anyone else present in Your Home, to refrain from smoking and ventilate any room in that will be used for Your care for at least one hour before the agreed time. If You smoke while Your Care Worker is with You, the Care Worker will be obliged to leave Your home for the duration of Your smoking. Any additional requirements or any variation to this clause will be specified in Your Care Plan.
- 13Cancellations and termination
- 13.1You can cancel the Service at any time (and for any reason) within 14 days of the date of entering this Agreement (the “Cancellation Period”) by completing the Notice of Your Right to Cancel attached to this Agreement or by completing such notice online by logging into the Platform and following the relevant links.
- 13.2If You would like Us to begin providing the Service during the Cancellation Period, You agree to notify us promptly. We will be entitled to charge for any Services provided during the Cancellation Period. Any Fees paid in advance in respect of Services not yet provided during the Cancellation Period will be refunded to You to the account requested by You.
- 13.3For Services greater than 1 month in duration, irrespective of the number of hours per month, You must give us at least one months’ notice in writing if you no longer require the Services or want to suspend the Services for a period of time. You will be responsible for and obligated to pay all applicable Fees during this notice period in accordance with this Agreement and Your Care Plan.
- 13.4For Services less than 1 month in duration, irrespective of the number of hours per month, You must give us at least one weeks’ notice in writing if you no longer require the Services or want to suspend the Services for a period of time. You will be responsible for and obligated to pay all applicable Fees during this notice period in accordance with this Agreement and Your Care Plan.
- 13.5Please note if You suspend the Service for a period of time in accordance with clause 13.3 We cannot guarantee that the same Care Worker will attend Your Home when You resume the Service.
- 13.6Subject to clause 13.6, in the event that You wish to cancel an individual Visit You must give us at least 48 hours’ notice otherwise You will be charged for the Visit in full (including, if the Visit falls on a Bank Holiday, any applicable additional Fees as set out in clause 2.14).
- 13.7If cancellation of a Visit arises as a result of Your admission to hospital, fees will be chargeable but only in relation to the time We were due to provide the Service on the day You were admitted to hospital.
- 13.8We may terminate this Agreement:
- by giving 7 days’ written notice for any reason; or
- immediately on written notice if a third party who has agreed to pay Your Fees (or part of them) fails to pay Your Fees within 21 days of the date of invoice; or
- immediately if we can no longer provide the Services in accordance with applicable law or at Our sole the discretion and reasonable opinion the safety or comfort of our Care Workers is compromised or is likely to be compromised; or
- after giving 7 days’ written notice that We are unable to meet Your needs, in accordance with clause 1.10.
- 13.9For the avoidance of doubt, if You engage a Care Worker in a private or any other capacity outside the terms of this Agreement, then We are permitted to terminate this Agreement on 48 hours written notice to You but you will remain liable in whole and not in part for the full amount of Fees incurred under this Agreement for the Services with respect to the term of the Care Plan. We have no liability to You in whole or in part should you engage any of our Care Workers in a private capacity.
- 13.10In the event of Your death, a relative or other authorised representative shall notify Us promptly. This Agreement will terminate immediately in the event of Your death and Your estate will remain responsible for paying all and any outstanding fees in accordance with the terms of our Agreement up until the date of Your death.
- 14Third Party Rights
- 14.1No person who is not a party to this Agreement is to have any right pursuant to the Contracts (Rights of Third Parties) Act 1999 to benefit from or to enforce any provision of this Agreement and the parties to this Agreement may agree to cancel or vary the whole of any part of this Agreement without being required to seek or obtain the consent of any third party.
- 15Events outside our control
- 15.1We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations for any reason outside of our reasonable control. For example, in some cases the Care Worker may attend at other times than agreed due to emergency situations or disruption due to severe weather (and in which case, We will contact You to confirm alternative arrangements).
- 15.2You will not be liable or responsible for any failure to perform or delay in performance of any of Your obligations for any reason beyond Your reasonable control.
- 16.1We may transfer, assign, charge or deal in any other manner with all or any of our rights under this Agreement or may sub-contract any or all of our obligations under it We will contact You to let You know if We plan to do this. If you are unhappy with such transfer, You may give Us notice to end our Agreement within 14 days of Us telling You and the Agreement will terminate 7 days following such notification.
- 16.2You may only transfer Your rights and/or Your obligations under Our Agreement to someone else if We agree to this in writing.
- 17.1We may vary these terms and conditions in writing by giving You and / or Your representative at least 7 days’ notice. If You do not agree to the variation You may terminate this Agreement in accordance with clause 13.
- 17.2If any provision of this Agreement is found by a court or other competent authority to be invalid or unenforceable that shall not affect the validity of the remainder of this Agreement.
- 17.3The Agreement, and the Care Plan constitute all the terms and conditions between You and Us and is made to supersede all previous agreements and arrangements relating to Your care.
- 17.4You acknowledge that You have not been induced to enter into this Agreement by any representation or promise that the Agreement does not expressly contain (but this clause shall not exclude any liability for any representation made by us that was made fraudulently).
- 17.5Unless We agree with You otherwise, any notice required to be given to us under the Agreement shall be in writing via email or our Platform or shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by courier. Any notice required under the Agreement shall not be validly served if sent by other means.
- 17.6This Agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
- 17.7If any provision We operate an equal opportunities policy and makes no discrimination on the basis of age, race, religion or belief, gender, gender reassignment, pregnancy and maternity status, sexual orientation, marital status or disability.
- 18Promotions & Vouchers
- 18.1From time to time the Company may offer certain promotions, discounts or offers which may be used by you for purpose of the Engagement (the “Promotion”). Such a Promotion may be marketed or advertised on the Company’s website or via external media. The Company reserves the right to withdraw, refuse, cancel or interpret the terms of such a Promotion in its own discretion. Participation in a Promotion is subject to availability. If you have been issued with a coupon or code (a “Voucher”) as a part of a Promotion, then in order to participate in the Promotion, you should reference the Voucher when you contact us. All Vouchers are non-transferable and may only be redeemed once. Each Promotion will only be valid for a limited period of time, wholly at the discretion of the Company. Promotions cannot be used in conjunction with any offer or discount that we operate from time to time.