Terms and Conditions of Use
Last Updated: 24th November 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR PLATFORM AS DEFINED BELOW. BY USING ANY OF OUR SERVICES, INCLUDING BROWSING THE PLATFORM, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, (B) THAT YOU HAVE CAPACITY AND AUTHORITY TO FORM A BINDING CONTRACT WITH LOTTIE, (C) YOUR USE OF THE SERVICES IS ENTIRELY VOLUNTARY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR PLATFORM AND ITS ASSOCIATED SERVICES. USING THE PLATFORM INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US AND, WHERE APPLICABLE, THEY SHALL SURVIVE ANY DEACTIVATION OF YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION ONLY. THE CONTENT SHALL NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND SHALL NEVER BE USED AS A SUBSTITUTE FOR ADVICE AND/OR PROFESSIONAL REFERRALS BASED ON CLINICAL NEEDS FOR THE RELEVANT CARE SEEKER.
WHAT'S IN THESE TERMS?
These terms tell you the rules for using our website lottie.org, lottie.org/seniorcare and including any password protected webpages hosted on lottie.org (our "Platform").
Definition and interpretation
The following definitions and rules of interpretation apply in these Terms.
"Care Partner" means an organisation that is registered on the Platform as a provider of Care Services, having entered into a Care Partner Services Agreement with us to receive Introductions to provide Care Services to Care Seekers following the upload of its Listings via the Platform;
"Care Seeker" means a User that is active and/or registered on the Platform for the purpose of being introduced to providers of Care Services by Lottie, and, in the context of the receipt of the Care Services if that person is different to the User, the person on whose behalf the User is registered on the Platform to procure Care Services including those Users registered via the Seniorcare by Lottie at https://lottie.org/seniorcare/;
"Care Services" means the provision of nursing and/or personal care to elderly persons so requiring them in a residential care home setting, following an Introduction, whether arranged via the Platform or directly between the Care Seeker and Care Partner;
"Content" means all audio, video, data, graphs, maps, text, images or other content and information made available by us to you through the Platform or other means and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Platform;
"Content Standards" means the standards outlined in clause 3.5;
"Contributions" means any and all materials that you contribute to the Platform;
"Home" means the residential care home or homes from which a Care Partner may provide Care Services to a Care Seeker following an Introduction;
"Interactive Services" has the meaning in clause 3.4;
"Introduction" means the introduction by Lottie of a Care Seeker for Care Services to a Care Partner via the Platform at the Care Seeker's request;
"Listing" means a Home advertisement on the Platform, including information and availability of the Space and Care Services;
"Lottie", "we", "our "or "us" means Lottie Organisation Ltd, a company incorporated and registered in England and Wales with company registration number 13084956 having our registered office at Preston Park House, South Road, Brighton, East Sussex, United Kingdom,BN1 6SB and our main trading address at 5th Floor, 67 - 69 Great Portland Street, London, United Kingdom, W1W 5PE;
"Platform" means Lottie's website located at https://lottie.org/; and related websites, applications, Services and mobile applications provided by Lottie from time to time;
"Seniorcare" means the search services in respect of Homes made available to Users via clicking on an invitation to access these services through that User's employee benefits and/or rewards;
"Services" means those services made available by Lottie via the Platform (including Seniorcare);
"Space" means the available care beds within a Home;
"Terms" means these Terms and Conditions of Use together with any documents referred to in it;
"User, you or your" means any individual who uses the Platform.
Using our Platform
- These Terms are a legal agreement between the User (including Care Partners and Care Seekers) and us for the use of our Platform. Use of the Platform includes accessing, browsing, or registering to use our Platform.
- When using the Platform, you must also comply with our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, along with information about the cookies on the Platform. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate, current and complete in all respects.
- Care Partners must also comply at all times with the terms of the Care Partner Services Agreement entered into with us.
- By using and/or registering to use the Platform, you confirm that you accept all of the terms and conditions contained in these Terms.
- If you do not agree to these Terms, you must not use the Platform.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
- You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- We make no promise that the Platform is appropriate or available for use in locations outside of the UK.
- We recommend that you store or print-off a copy of these Terms for your records.
- We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details set out in clause 17 below.
- We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
- Please note that certain sections of the Platform are viewable without registering with us but to actively participate, or store your information, you must register as a User.
You may use the Platform only for lawful purposes. You must not use the Platform:
- if you are under the age of eighteen (18);
- 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;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 3.5;
- to interfere with any other user’s use or enjoyment of the Platform;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- 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
- to attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform.
- to attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would be committing 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 the Platform will cease immediately.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of our Terms; and
- not to access without authority, interfere with, damage or disrupt;
- any part of the Platform;
- any equipment or network on which the Platform is stored;
- any software used in the provision of the Platform; or
- any equipment or network or software owned or used by any third party.
- We may from time to time provide interactive services on the Platform, including, without limitation, instant messaging, video calls, bulletin boards, discussion boards and forums ("Interactive Services").
- Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
- Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The Content Standards apply to your Contributions, and to any Interactive Services associated with them.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
- be accurate (where they state facts or detail the needs of a Care Seeker);
- be in English;
- be genuinely held (where they state opinions); and
- comply with applicable law in England and Wales and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- include material relating to child sexual abuse;
- include or promote sexually explicit material;
- include or promote material which includes content which is violent in nature;
- promote or include material which relates to discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person (legal or natural);
- 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 in contempt of court;
- 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 any materials you submit emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- contain any advertising or promote any services or web links to other sites.
If you find any content on our Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our Content Standards, please notify us by email at email@example.com and using the subject heading "Unacceptable Content". We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our Content Standards as set out in this clause 3 and may at our discretion, remove or block access to the Content complained of.
We will use reasonable efforts to:
- delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
- identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of the acceptable use as set out in this clause 3,
when we are notified of any such accounts or content by Users, but we cannot be responsible if you have failed to provide us with the relevant information.
Suspension and termination
- We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Platform. Where a breach has occurred, we may take such action as we deem appropriate.
- Failure to comply with these clauses 3.1, 3.4 and 3.5 constitutes a material breach of these Terms upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Platform;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;
- 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 this clause 3.6. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- We may terminate these Terms immediately and without notice to the other party (resulting in the withdrawal of your right to use the Platform). Where you are a registered User of the Platform, you may terminate these Terms immediately and without notice to us by deleting your account and refraining from using the Platform thereafter.
Upon termination for any reason:
- all rights granted to you under these Terms shall cease;
- you must cease all activities authorised by these Terms; and
- you must immediately delete your account and cease using the Platform and certify to us that you have done so.
- Lottie allows Users to access a variety of services including but not limited to searching for Care Partners on the Platform by specialism and location and for Care Seekers and Care Partners to schedule initial consultations and subsequent placement at a Home via the Platform and also accessing. Seniorcare by Lottie.
- In consideration of you agreeing to abide by these Terms, we hereby grant to you a non-exclusive, non-transferable, licence to use the Platform.
- Access to the Platform under clause 4.2 is permitted on a temporary basis and we reserve the right to withdraw or amend the Platform and its Content at any time without notice.
- Please note that certain sections of the Platform are viewable without registering with us but to actively participate, or store your information, you must register as a Care Seeker or Care Partner.
- We will not be liable if for any reason the Platform is unavailable at any time or for any period.
- From time to time, we may restrict access to all or some parts of the Platform to Users who have registered with us.
- You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them.
- We may update and change the Platform and the Content from time to time to reflect changes to our products, our users’ needs and our business priorities. However, please note that any of the Content on the Platform may be out of date at any given time, and we are under no obligation to update it.
- While Lottie will use best endeavours to ensure the Platform will be secure and free from bugs and viruses, we do not guarantee this.
- We cannot guarantee continuous access to the Platform. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Platform at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Platform, or close it indefinitely.
- You are responsible for configuring your information technology, computer programs and platform to access the Platform. You should use your own anti-virus software.
- The User shall indemnify and hold Lottie harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, Lottie as a result of or in connection with any claim made against Lottie in respect of any liability, loss, damage, injury, cost or expense sustained by Lottie’s employees or agents or by any Care Seeker, Care Partner or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises as a consequence of a breach or negligent performance or failure or delay in performance of any of these Terms by the User.
Care Seeker – Care Partner Relationship
- All Content on our Platform is provided for education, scheduling, booking appointments, allowing communications between the parties and general information only. The Content provided on the Platform about the Care Partners has either been obtained by us from generally available public records and databases, written by us from publicly available information and databases, or has been submitted to us by Care Partners. We do not provide Care Services and are not a booking agent.
- Notwithstanding anything to the contrary, Lottie makes no representations, warranties or guarantees, whether express or implied:
- that the Content on our Platform (including any charges or estimated charges detailed in Listings) is accurate, complete or up-to-date;
- as to any Care Partner's professional accreditations, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. It is the Care Partner's sole responsibility of the to be eligible and capable of providing the appropriate Care Services.
- Lottie does not in any way evaluate, guarantee or recommend any Care Partner or their advice, treatment, information, and opinions or other information or Content listed on or accessible through the Platform. The Platform acts only as a platform to introduce Care Seekers to Care Partners and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Care Partner.
- The Care Seeker is ultimately responsible for choosing their own Care Partner. Any provision of Care Services by the Care Partner to the Care Seeker is directly between the two parties and it is acknowledged that Lottie is not a party to such arrangement, booking or contract. The provision of any Care Services by a Care Partner to a Care Seeker shall be governed by the terms of a separate agreement between such parties.
- The telephone numbers provided by Lottie, including the contact details on each Care Partner and/or Home listing, are trackable and recorded for billing, quality control and training purposes. By using the telephone numbers on our Platform, you acknowledge and agree that the telephone conversation may be recorded and stored by Lottie within a secure server located in the UK and European Economic Area (EEA).
- All Care Seekers acknowledge and agree that any complaint, grievance or claim they may have that is in any way connected with a Care Partner and/or Care Partner's practice must be addressed and/or brought directly against the Care Partner and/or their practice and not against Lottie.
- Please note that the Content on the Platform is provided solely for your information and you use the Platform at your own risk. You agree that the Content does not constitute advice or recommendation of any kind and must never be used as a substitute for, a professional referral based on clinical needs.
- Care Partners listed on the Platform with whom Care Seekers may book visits and placements at the Home enter into contracts with us under which the Care Partner pays us for using the Platform and associated operational and maintenance costs.
- Lottie is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made during or in the context of any Interactive Services. By using the Platform, Care Seekers agree that any Content that they submit may be transmitted to their selected Care Partner, and vice versa. The content of communications is entirely the responsibility of the person from whom such Content originated. You therefore may be exposed to Content that is offensive, unlawful, obscene, indecent or otherwise objectionable, in which case, please refer to clause 3.5.5 of these Terms.
- If you encounter any problems (bullying, harassment, injury etc) with any booking you make or attempt to make via Lottie, you acknowledge that you should resolve that issue with the relevant Care Partner and that your sole remedy in such circumstances, including any refund, shall be the responsibility of the relevant Care Partner and Lottie excludes any and all liability.
- Neither use of the Platform, nor any other communication with Lottie shall create a licensed Care Partner/Care Seeker relationship.
- Lottie is not an employer of the Care Partners nor their agents, nor does it guarantee to introduce a Care Seeker to a Care Partner.
- Lottie has no control over and cannot guarantee the availability of any Care Partner at any particular time. We will not be liable for cancelled or otherwise unfilled placements, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Platform whatsoever.
- Users are strongly advised to perform their own due diligence on the Care Partner prior to selecting it, including, but not limited to, making confirmatory telephone calls to the appropriate licensing or certification authorities (such as the Care Quality Commission, Care Inspectorate Wales and Care Inspectorate depending on the location of the Home) to verify listed credentials and regulatory reporting.
- Lottie may provide Users with Space availability and fee information, cost estimates and forecasting data. All availability and fee information, cost estimates and forecasting data provided is based on either information provided to us by our Care Partners or are the best guess that we can provide at any given time based on the data that we hold and relates to past trends. Lottie makes no representations, warranties or guarantees, whether express or implied, that the Space availability and fee information, cost estimates and forecasting data is accurate, complete or up-to-date. While you may choose to rely on this data, we do not and cannot guarantee their accuracy and accept no liability for any inaccuracy or unavailability of indicative prices.
Changes to these terms
We may revise these Terms at any time. Please check this Platform from time to time to take note of any changes we have made, as these shall be binding on you. If you do not agree to such changes, you should not use the Platform. Your continued use of the Platform after the date the modified terms are posted will constitute your acceptance of the modified terms.
Your account and password
- 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, nor permit any third party to have any unauthorised access to the Platform at any time without Lottie's written consent.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Your privacy and personal data
Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in the Platform, and in any Content. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
- "Lottie" is our trademark. Other trade marks and trade names may also be used on the Platform or in the Content. Use by you of any trade marks on the Platform or in the Content is strictly prohibited unless you have our prior written consent.
- You may print off copies, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to Content posted on our Platform. You must not take screenshots, download pages, or seek in any other way to distribute copies of the Platform to anyone without the permission of Lottie.
- 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 Platform must always be acknowledged.
- You must not use any part of the Content on our Platform 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 Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- We reserve all rights to pursue any remedy that we may have for breach of this clause.
Limitation of our liability
- Nothing in these Terms excludes or limits your or our liability for death or personal injury arising from your or our negligence, or your or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- We shall bear no liability for any loss or damage caused by the negligence of a Care Partner or their failure to hold appropriate licenses, certifications, accreditations and insurances to provide Care Services lawfully.
- Users acknowledge that they are solely responsible for their use of the Platform or any Content on it and all the results and information you obtain from it and that all warranties, conditions, undertakings, representatives and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent by law.
- We will not be liable to any User 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 Platform, arising in connection with an Introduction or otherwise; or
- use of or reliance on any Content displayed on our Platform.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any Content on it, or on any website linked to it.
- To the extent permitted by law, we shall not be liable for any loss or damage that results from any dealings between a Care Seeker and any Care Provider including but not limited to any direct, indirect, consequential or inconsequential loss of any kind.
- We assume no responsibility for the content of websites linked to on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Users accept that we only provide the Platform for domestic and private use. You agree not to use the Platform 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. This clause does not apply to Care Partners.
- If defective digital content that we have supplied damages a device or digital content belonging to Users (other than Care Partners) and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation, at our sole option. However, we will not be liable for damage that you could have avoided by following our advice on applying an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for loss or unauthorised access to your data where it results, directly or indirectly, from any failure to comply with these Terms and give no guarantee as to its security.
- Our maximum aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence other than where such limitation is not permitted by law) or otherwise, shall in all circumstances be limited to a sum equal to £25,000.
Transfer of rights and obligations
- You may not transfer, assign, subcontract, novate, charge or otherwise dispose of these Terms or any contract relating to an Introduction, or any of your rights or obligations arising under them.
- We may transfer, assign, subcontract, charge, novate or otherwise dispose of these Terms and any contract relating to an Introduction, including any of our rights or obligations arising under them.
Linking to our Platform
- 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.
- 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.
- You must not establish a link to the Platform in any platform that is not owned by you.
- The Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The Platform to which you are linking must comply in all respects with the content standards set out in these Terms.
- If you wish to make any use of Content on our Platform other than that set out above, please contact email@example.com.
- Provisions of this clause 12 will not apply in respect of Seniorcare.
Third party links and resources in our Platform
- Where our Platform 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 acceptance no liability for them.
Uploading content to the Platform
- Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other Users of the Platform, you must comply with the Content Standards.
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- So long as do so in line with GDPR, we also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
- You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content in connection with the service provided by the Platform and across different media.
- Communications. We are required to provide certain information to you in writing. By accepting these Terms, you agree that we can communicate with you electronically either by email or by posting a notice on the Platform.
- Severance. If any of these Terms should be determined by a court of law, ombudsman or other administrative body having judicial powers to be illegal, invalid, or otherwise unenforceable, it shall be severed from these Terms and deleted. The remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
- Waiver. If we fail to insist upon strict performance of any of these Terms, or if we fail to exercise any other right or remedy to which we are entitled, this will not constitute a waiver of such right or remedy and will not relieve you from compliance with any such obligation. No waiver by us of a breach of obligation arising under these Terms shall constitute a waiver of any other breach.
- Third Party Rights. A party who is not a party to these Terms shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms save for any parent, subsidiary, or affiliate entity within our group company.
- Entire Agreement. These Terms and any document expressly referred to in it constitute the whole agreement between us and supersede any previous discussions, correspondence, arrangements or understandings between us.
- We will try to resolve any complaints or disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the bottom of this page.
- If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
- You can submit your dispute to Centre for Effective Dispute Resolution (CEDR) by going to https://www.cedr.com/. CEDR is the ADR provider we use and is approved by the government to provide ADR services.
- If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings, subject to the provisions of clause 16.7
- Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
To contact us in relation to Lottie queries, please email firstname.lastname@example.org.
To contact us in relation to Seniorcare queries, please email email@example.com.