Areas Covered

CARE CAPTAINS LTD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES TO CARE RECEIVERS

Our terms

These Terms
1. What these terms cover. These are the terms and conditions on which we supply Services to you (defined below).
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information About Us and How to Contact Us
1. Who we are. We are Care Captains Ltd, a company registered in England and Wales with company registration number 12678185. Our registered office is at 5 Brooklands Place, Brooklands Road, Sale M33 3SD Our registered VAT number is 376 73 48 52.
2. How to contact us. You can contact us by telephoning our customer service team on 0345 340 5065 or by writing to us at info@carecaptains.co.uk and at 5 Brooklands Place, Brooklands Road, Sale M33 3SD.
3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our Contract With You
1. How we will accept your order. Our acceptance of your order will take place when we call or write to you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this in writing as soon as is reasonably possible and will not charge you for the Services.
3. Your customer reference number. We will assign a customer reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the customer reference number whenever you contact us about your order.
4. We only sell to the UK. Our website, brochure and other marketing materials are solely for the promotion of our Services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
Our Services
1. What we do. We provide a care brokerage service including a care assessment and management service (the “Services”) to help you or a relative find and manage appropriate care services (“Care Services”). Our Services include working with you to assess your needs and requirements, negotiating with, and helping to appointing an appropriate provider to deliver Care Services to you (“Care Provider”); We will also work with you to update the Care Services and to find a replacement Care Provider for whatever reason if, necessary. For the avoidance of doubt, you will enter a contract with the Care Provider directly for the provision of Care Services.
2. Making sure your requirements are accurate. As our Services are tailored to your requirements, it is your responsibility to ensure that any information or specifications you provide to us are accurate. If we accept your order and agree to undertake a care assessment for you, we will send the care assessment to you for your approval before we share it with the relevant Care Provider who will then carry out the Care Services based on the Care Provider’s care plan. For further information on what we need to know in order to provide our Services effectively please refer to our brochure or go on our website or contact us.
Your Rights to Make Changes

If you wish to make a change to the Services or Care Services you have ordered, please contact us as soon as possible. We will contact you to let you know if it is possible to make the changes you have requested. If it is possible, we will let you know about any changes to the price of the Services or Care Services, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).

Our Rights to Make Changes
1. Minor changes to the Services. We may change the Services:
  1. to reflect changes in relevant laws and regulatory requirements; and
  2. to implement minor technical adjustments and improvements, for example to address a health and safety concern.

These changes will not affect your use of the Services.

1. More significant changes to the Services and these terms. In addition, as told to you over the telephone or told to you in the course of email exchanges, we may make changes to these terms, the Services or the Care Services as required by the Care Provider. For example, if the Care Provider considers that any changes or updates to the Care Services need to be made. If we do make these kinds of changes we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services or Care Services paid for but not received.
Providing the Services
1. When we will provide the Services. During the order process we will let you know when we will provide the Services to you:
  1. One-off Services. We will begin the Services on the date agreed with you during the order process. The completion date for the Services is as told to you during the order process.
  2. Ongoing Services. We will supply the Services to you until either the Services are completed, or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
2. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
3. If you do not allow us access to provide Services. If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, health information and care requirements. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Reasons we may suspend the supply of Services to you. We may have to suspend the supply of our Services to:
  1. deal with technical problems or make minor technical changes;
  2. update the Services to reflect changes in relevant laws and regulatory requirements; or
  3. make changes to the Services as requested by you or notified by us to you (see clause 6).
6. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 7 (seven) days in any 4 (four) week period, we will adjust the price so that you do not pay for Services while they are suspended. You may still be liable to pay for the Care Services. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 (fourteen) days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
7. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within 7 (seven) days of us reminding you that payment is due, we may suspend supply of the Services. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 12.8). We will not charge you for the Service during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
Your Rights to End the Contract
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 11;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  3. If you have just changed your mind about the Services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and, subject to the minimum payment obligation at clause 12.6, we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6.2);
  2. we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
  3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
  4. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 (fourteen) days; or
  5. you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought over the telephone, online or by exchange of emails you have a legal right to change your mind within 14 (fourteen) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running.
5. How long do I have to change my mind? How long you have to change your mind depends on what you have ordered and how it is delivered. If you have bought services (for example, our Services, including care advice, care assessment design and/or care placement services), you have 14 (fourteen) days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will not end until 48 hours after the day on which you contact us. We will refund any advance payment you have made for Services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February, we will continue to supply the Services until 6 February. We will only charge you for supplying the Services up to 6 February and will refund any sums you have paid in advance for the supply of the Services after 6 February, subject to the minimum payment obligation (see clause 12.6).
How to End the Contract With Us (including If You Have Changed Your Mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Phone or email. Call customer services on 0345 340 5065 or email us at info@carecaptains.co.uk. Please provide details of your customer number, what you bought, when you ordered or received it and your name and address.
  2. Online. Complete the form on our website at https://carecaptains.co.uk/get-in-touch/.
  3. By post. Complete the form included in our brochure and at the end of these terms and post it to us at the address on the form. Or simply write to us at 5 Brooklands Place, Brooklands Road, Sale M33 3SD including details of what you bought, when you ordered or received it and your name and address.
2. How we will refund you. We will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind (subject to the minimum payment obligation at clause 12.6). The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund for the Services will be made within 14 (fourteen) days of your telling us you have changed your mind.
Our Rights to End the Contract
1. We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:
  1. you do not make any payment to us when it is due, and you still do not make payment within 7 (seven) days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, health and care information; or
  3. you act or omit to act which has a detrimental effect on our ability to deliver the Services.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, subject to clause 12.6, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 7 (seven) days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided (subject to the minimum payment obligation at clause 12.6).
If There Is a Problem With the Services
1. How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on 0345 340 5065 or write to us at info@carecaptains.co.uk or at 5 Brooklands Place, Brooklands Road, Sale M33 3SD.
2. Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, for example, care advice, care assessment design or care placement services, the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

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