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

Our terms

1. 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.
2. 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 [email protected] 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.
3. 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.
4. 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. 
5. 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).

1. 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. 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.
2. 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). 
3. 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).
4. 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 [email protected]. 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.
5. 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). 
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 [email protected] 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.

1. Price and Payment
   1. Where to find the price for the Services. The price of the Care Services to be provided by the Care Provider will be the price as told to you over the telephone and confirmed to you in writing. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Services you order.
   2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
   3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
   4. When you must pay and how you must pay. We accept payment by Bacs, Chaps, Bank transfer or Direct Debits for payments of the Services. If you have not paid for our service on line we will invoice you for our service. You must pay each invoice within 7 (seven) calendar days after the date of the invoice. 
   5. We will charge you a minimum fee for the Services. We charge a minimum fee of £50 plus VAT for our Services. In practice, this means to the upon termination of the Services by you for any reason, we will invoice you for this minimum payment of £50 (plus VAT) to cover our costs and the Services already provided.
   6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (four per cent) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   7. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
   8. We may charge you a fee if you end the contract for Services and enter into a contract with the Care Provider directly. If, after we have introduced you to the Care Provider, you decide to end the contract for Services with us and to enter into a contract with the Care Provider directly without us howsoever caused, we may charge you a fee of up to £150 (one hundred and fifty pounds) to cover our costs for introducing you to the Care Provider. 
2. Our Responsibility for Loss or Damage Suffered By You
   1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will not be liable for any loss or damage suffered by you as a result of the Care Provider’s provision of the Care Services, or in relation to the accuracy or effectiveness of the care assessment designed by us but approved by you (see clause 4.2).
   2. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 11.2.
   3. When we are liable for damage to your property. If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
   4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. How We May Use Your Personal Information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website, at https://carecaptains.co.uk/privacy-policy/. 

1. Other Important Terms
   1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
   2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
   3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 
   4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
   5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
   6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
   7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the London Arbitration Centre via their website at http://www.londonarbitrationcentre.com/. The London Arbitration Centre will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. 

1. 1. – Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Care Captains Ltd

5 Brooklands Place, 

Brooklands Road, 

Sale M33 3SD 0345 340 5065

[email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

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