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Carebay.co.uk Terms and conditions TERMS OF USE IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THIS CAREBAY SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE CAREBAY SITE OR ASSOCIATED WEBSITES. This site is owned and made available by Carebay.co.uk. (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, and ourselves and sets out the conditions under which you may access the Carebay Site to use our match services and advertisements (the "Material") available through the Carebay Site. By accessing or viewing the Material and on registration to be become a Member on the Carebay Site you have indicated to us that you both understand and agree to be bound by its Terms and Conditions. In these Terms and Conditions, when we say Carebay Site, we mean our digital content platform, regardless of how you access it. 1. Terms and conditions: These terms and conditions ("the Terms") govern your use of the Carebay website " Carebay Site" regardless of how you access it. Your attention is particularly drawn to the disclaimers in paragraphs 15 - 18. Your use of the Carebay Site is also subject to our Privacy Policy. You must read the Terms and Conditions together with the Privacy Policy and if you do not agree with both, please do not proceed to use the Carebay Site. If you do use the Carebay Site, your conduct indicates that you agree to be bound by the Terms. We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be applicable to all persons accessing the Carebay Site once the revisions have been posted onto the Carebay Site. You should therefore check the website from time to time to review the current Terms and Conditions. Although we do check new Member profiles for any content we deem unsuitable we cannot verify the identity of Members or the accuracy of Member Content, nor can we guarantee that we will identify all inappropriate Member Content. Please do not take any Member Content and information as wholly accurate, we will not be responsible for false and misleading statements given by other Members. If you have any concerns over the Member Content on the Carebay Site, please Contact Us here. 2. No warranty The Carebay Site is provided on an "as is" and "as available" basis and in particular we do not warrant that: • the Carebay Site will continue to be available to you in either its current format; • the Carebay Site or any software available from it will be free from viruses or defects; • the Material contained on the Carebay Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose). 3. Liability Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Carebay Site, or your inability to use it. 4. Downloadable Material All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive. 5. Use of the Web Site You undertake: • not to use the Carebay Site or its Material for any unlawful purpose; • that you shall not make any use of the Carebay Site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; in particular that you shall not run any automated scripts on any part of the site without our express authorisation. • not to use the Carebay Site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; • not to use the Carebay Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality); • that you shall not use the Carebay Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and • that in the event that you may have any right, claim or action against any other Member arising out of the use of the Carebay Site you shall pursue such right, claim or action independently of, and without recourse to, us. • That you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site. • We shall have the right to immediately suspend your access to the Carebay Site if you commit a breach of these Terms and Conditions. 6. Intellectual Property Rights The design, images and content of the Carebay Site are, unless otherwise stated, our property or our licensors' property. We provide Material on the Carebay Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the services of the Carebay Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Carebay Site, unless it is for the personal use of a third party. No part of the Carebay Site must be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent. 6.a RSS Feeds By downloading and using our RSS Feeds you agree to be bound by our terms and conditions. Our RSS feeds are entirely free of charge for non-commercial use. You may not use our feeds on any site that we would consider a competitor Carebay. If you wish to discuss any commercial content or data feed requirements you may have, please contact us. 7. Links to other Sites Any web sites to which you link through the Carebay Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Carebay Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites. 8. Content We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Carebay Site. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations. 9. Registration When seeking access to parts of the Carebay Site, such access to interact with other Members you will be asked to register and/or subscribe (for a fee). You must then supply certain details if requested, such as your email address and a password. To become a Member and you can only access the registration areas of the site if: • You are aged 18 or older; • You create a profile and/or pay our subscription charge to become a Member. • Your email address and password (if requested) are personal and may not be used by anyone else to access the site; • You do not do anything to allow anyone who is not a registered Member to access any registration area of the site; • You do not create additional registration accounts which may cause disruption or abuse of the site; • You do not supply us with false or misleading information or pass yourself off as another Member. If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice. 10. Rejection, cancellation or suspension We can at our discretion, refused any application to become a Member. We may also suspend or cancel this agreement and your ability to use the Carebay Site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these Terms and Conditions or any conduct in connection with your use of the Carebay Site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the Carebay Site. 11. Your responsibilities You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the Carebay Site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the Carebay Site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes. 12. Infringement of third party rights By publishing or posting material on this Carebay Site, you warrant to us that: • You do not infringe the rights of any individual, corporation or organisation, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions. • You have not defamed any individual, corporation organisation or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or unprovable; statements breaching an individual's privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, colour or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards. 13. Intellectual Property You acknowledge that all rights, including copyright and database rights, for any content on the Carebay Site or which is submitted by you belongs to us or are licensed by you to us for the purposes in 11 above. You may use and contribute to the Carebay Site for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). You will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this Carebay Site without our written permission, except that you may reproduce reasonable extracts of any contribution to the Carebay Site and its community, without our prior permission for non-commercial purposes. 14. Indemnity You indemnify and will keep indemnified Carebay together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms and Conditions by you or from the publication of any posting or submission howsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defence of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us. 15. Loss or damage - disclaimer You acknowledge that: • the contributions to the Carebay Site and its Carebay community are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders; • it is your sole responsibility to check the accuracy of any facts and opinions given by any Member on this Carebay Site before entering into any commitment based upon them; • we do not, as a matter of course, actively moderate, monitor or edit the Member contributions to the Carebay Site and its community; • any third parties advertising on our Carebay Site, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites. 16. Limitation of Liability We are not liable for any loss or damage, howsoever arising, from your registration to the Carebay Site and its community by other parties, your use of it or inability to use it, or any errors and omissions on the Carebay Site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law. 17. No warranty We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents or Members of the Carebay Site, and any implied warranties are excluded to the extent permitted by law. We do not warrant that this Carebay Site, the server that supplies it, or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control. 18. Data protection We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties providing similar services. You can indicate you do not wish to receive such material by editing your account preferences. 19. Inappropriate Use If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police. 20. Privacy Policy Further privacy terms are given in the Privacy Policy. 21. Severability If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect. 22. Jurisdiction These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales. Carebay.co.uk Privacy and Security Policy privacy policy This privacy policy sets out how Carebay uses and protects any information that you give Carebay when you use this website. Carebay is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Carebay may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 6th day of June 2012 What we do with the information we gather We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: • Internal record keeping. • We may use the information to improve our products and services. • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. Security We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. How we use cookies A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Links to other websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Controlling your personal information You may choose to restrict the collection or use of your personal information in the following ways: • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address] We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us at: info@carebay.co.uk If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect. Website Accessibility Statement Carebay is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines. This site has been built using code compliant with W3C standards for HTML,PHP and CSS. The site displays correctly in current browsers and using standards compliant HTML/CSS code means any future browsers will also display it correctly. If you wish to make websites easier to read and navigate, you can change display settings such as: • Text size • Colour and contrast • Screen magnification Through the BBC’s website “My Web My Way”, which offers help on adjusting these and other features in your specific operating system and browser. Whilst Carebay adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility. In the meantime should you experience any difficulty in accessing the Carebay website, please don’t hesitate to contact us on info@carebay.co.uk.