CareFynd Ltd ("we", "our" or "us") operate websites (carefynd.co.uk and carefynd.com). We are registered in England and Wales under company number 13588920 and have our registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

By using our websites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our websites. We recommend that you print a copy of these terms for future reference.

These terms of use refer to our Privacy Policy which also applies to your use of our websites. Our Privacy Policy/Cookie Policy provides details on how you can change your cookie and privacy preferences at any time.

We amend these terms from time to time. The amended terms will be posted on our websites, and will become effective from the date they are posted. Your continued use of the websites after any such post will constitute your acceptance of, and agreement to, any changes.

We may update and change our websites from time to time.

Our websites are made available free of charge. We may update and change our websites from time to time.

We do not guarantee that our websites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our websites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but this may not always be possible.

You are responsible for ensuring that all persons who access our websites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account.

We have the right to disable any user identification code, account or password, whether chosen by you or allocated by us, at any time, and cease dealing with you if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if in our reasonable opinion you have used language or conduct that is threatening, abusive, defamatory, discriminatory, offensive, racist or obscene in communications with CareFynd employees or Care Providers.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us on the contact details below.

If you use our websites to search for care for yourself or a loved one (the “Resident”), you warrant that any information you provide of the Resident is correct to the best of your knowledge and you have the right to use the Resident’s details to search for a suitable Care Provider.

You warrant and agree that any and all materials which you contribute to or send us via our websites must;

• be accurate and complete (where they state facts);;
• be genuinely held (where they state opinions); and
• comply with all applicable rules and regulations and English law.

You warrant and agree that any and all materials which you contribute to or send via our websites must not:

• be unlawful, harmful, threatening, slanderous, defamatory, libellous, obscene, harassing or racially, ethnically offensive or otherwise objectionable to us;
• be a breach of a third parties property, right or intellectual property rights;
• be or contain anything which is technically harmful (including, without limitation, distributed denial-of-service attack, a computer virus, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• infringe the intellectual property rights or other rights of any third party;
• promote unlawful violence, discriminate based on race, gender, colour, religious belief, sexual orientation, disability; or
• be fraudulent or misleading.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, is defamatory or breaches their right to privacy, including, trolling, cyber bullying and harassment. We also have the right to disclose your identity and other information you have provided to us where we are under a duty to disclose or share your personal information with a third party in order to comply with any legal obligation or to enable the Police or relevant authority to investigate potential illegal activity or where a case of fraud is suspected.

You shall hold harmless and indemnify us and its affiliates, officers, third parties, agents and employees from any claim, action or proceedings arising from or related to any third party claims made against us due to you uploading content or posting comments on our websites, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

You are solely responsible and liable for any interaction with a third party via our websites.

You are solely responsible for maintaining and protecting your content and your account on our websites. You are solely responsible and liable for securing and backing up your content.

We have the right to remove any posting you make on our websites if, in our sole opinion, your post does not comply with our content standards.

We do not provide care for Residents. We enable Care Providers to provide you with the intention of their interest in providing care for the Resident (“Offers”) through our websites. If you decide to take up the Care Provider’s offer to provide care, you will be entering into an agreement with that party. We are not a party to that agreement. Any arrangements made between you and third parties which may be introduced to you through the websites are at your sole risk and responsibility. You must carefully check the terms of any arrangements or contracts with third parties. All communications between you and any of our Care Providers are subject to the Terms and Conditions of that Care Provider, and we accept no responsibility or liability for any agreements or disputes that may arise between you and the Care Provider.

You are solely responsible and liable for any interaction with a third party via our websites.

Where you are using the websites in order to find a suitable Care Provider for the Resident, by showing an Offer to you through our websites, the Care Provider is not committed to the Offer, and by viewing or accepting an Offer through our websites, you are not committed to proceeding with the Offer from the Care Provider. We cannot guarantee that you will receive any Offers, or whether any Offers will be issued. We are not obliged to review Offers, but may do so as part of our ongoing commitment to customer service or if you ask us to. We, or the Care Provider, may choose to edit or remove Offers at any time.

Once a Resident’s details have been registered onto the websites, the parameters of the Care Providers will also be detailed. CareFynd will attempt to contact all relevant Care Providers within the parameters set (such as proximity to a given postcode). Under certain circumstances, CareFynd have the right to increase or modify the parameters, in order to increase the chances of a successful match with Care Providers.

The Care Providers will then notify you of their interest in the Resident and you will have the option of confirming your interest in the Care Provider. You will have the option of messaging the Care Provider via the websites to ask/answer any queries.

The Care Provider will carry out their own independent assessments of the Resident, after which they are at liberty to formally offer the Resident a place at their Home if all parties are satisfied. If the assessment does not meet the Care Providers expectations they are at liberty to reject the Resident. The formal offer or rejection of the Resident is carried out independently of CareFynd and we are not party to the process.

CareFynd will be notified of a successful placement of a Resident which was facilitated by the websites by either the Care Provider or you.

Sometimes we offer, or make available through our websites special offers which may be governed by additional or alternative Terms and Conditions with us, or other third parties (including third party Privacy Policies). Where you take up any such offer, please review these additional Terms and Conditions carefully.

We are the owner or the licensee of all intellectual property rights in our websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Some material on our websites may be subject to the copyright rights of our Partners/Care Providers.

You may print off one copy, and may download extracts, of any page(s) from our websites for your personal use and you may draw the attention of others within your organisation to content posted on our websites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our websites must always be acknowledged.

You must not use any part of the content on our websites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our websites in breach of these terms of use, your right to use our websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites.

Although we make reasonable efforts to update the information on our websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our websites is accurate, complete or up to date.

Where our websites contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

• 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 and for fraud or fraudulent misrepresentation.
• Please note that we only provide our websites for domestic and private use. You agree not to use our websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any indirect or consequential loss or damage

• We exclude all implied conditions, warranties, representations or other terms that may apply to our websites or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  - use of, or inability to use, our websites; or
  - use of or reliance on any content displayed on our websites.
  
• In particular, we will not be liable for:
    - loss of profits, sales, business, or revenue;
    - business interruption;
    - loss of anticipated savings;
    - loss of business opportunity, goodwill or reputation; or
    - any indirect or consequential loss or damage.
  

If you are using our websites on behalf of a business, that business accepts these Terms and Conditions. The business will indemnify and hold harmless us and our affiliates, officers, agents and employees from any costs, claims, actions, demands, damages or expenses (including reasonable legal expenses) arising from or related to the use of the websites or breach of these Terms and Conditions.

We make these websites available for United Kingdom Residents over the age of 18 only.

We use your personal information as set out in our Privacy Policy.

We do not guarantee that our websites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our websites. You should use your own virus protection software.

You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites 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 or relevant local laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.

We will not be liable for any loss or damage caused by a virus, trojan, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile, tablet device, apps, data or other proprietary material due to your use of our websites or to you downloading any content on it, or on any websites linked to our websites.

If you are a Fynder/User, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a Resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are Resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable under applicable law, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

CareFynd and the CareFynd logo are registered trademarks of CareFynd Ltd. You are not permitted to use them without our approval.

If you have any queries, please contact us by email at info@carefynd.com or by post at the address below.

CareFynd Ltd
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
United Kingdom

July 2023