ONLINE TERMS FOR THE SUPPLY OF SERVICES

1 ABOUT THESE TERMS

1.1 These terms and conditions (Terms) set out the terms on which you can purchase our daily reminder calls, daily check-in calls, and companion calls (Services) through our website (Website). You must accept these Terms for us to provide the Services to you. By purchasing one or more of our Services, you confirm that you accept these Terms and you become legally bound by them.

1.2 Please read these Terms carefully. These Terms tell you who we are and other important information. They describe how we sell our Services, set out your rights and responsibilities and tell you what to do if there is a problem. These Terms also limit our liability.

1.3 Some of these Terms only apply if asking us to engage in the Services as a consumer. This means that we are providing the Services for your personal use (and you will not use our Services for commercial, business or resale purposes). Terms that only apply to consumers will be marked clearly.

1.4 By engaging us to provide the Services, you are agreeing to these Terms. If you do not agree to these Terms, you must not purchase our Services.

1.5 Please note that we reserve the right to update, change or replace any part of these Terms at our sole discretion. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

1.6 We will collect some personal data about you in order to provide our Services (e.g. your name, email address, telephone number and payment details). For information regarding how we process personal data, please see our privacy policy.

1.7 These terms cover the terms and conditions if you purchase Services via the Website.

2 WHO ARE WE?

2.1 We are WHO CARES CALLS LIMITED, registered in England and Wales with company number 15817598 whose registered address is 8 High Road, Newton Aycliffe, DL5 6NU (we/us/our).

2.2 We are a supportive social care company and in the business of selling daily welfare contact calls.

2.3 If you have any questions about these Terms, please contact us using the details below:

Email: support@whocarescalls.co.uk

Phone: 07591491300

3 PLACING AN ORDER

3.1 To engage us to provide the Services, you need to place an order on our Website.

3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.3 The order will be accepted when you complete the signing up process and create your service.

3.4 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your order, we will notify you as soon as possible.

If you are a consumer:

3.5 By placing an order, you confirm that you are an individual who is:

3.5.1 at least 18 years old; and

3.5.2 a resident in the UK.

3.6 If you would like to make any changes to your order after you have submitted it, please log in to your user dashboard, from here, you can update, edit or cancel your order, alternatively, please contact us on 07591491300  Monday – Friday 9am – 5pm and we will assist you.

4 DESCRIPTION OF OUR SERVICES

4.1 Descriptions of our Services are as set out on our Website Services pages.

If you are a consumer:

4.2 We will provide the Services with reasonable care and skill and Services carried out by us will conform with the description of the Services on our Website.

5 PERFORMANCE OF OUR SERVICES

5.1 While we make every effort to perform our Services to you on your chosen date or as soon as reasonably possible and in any event within 48 hours of accepting your order, the time of performance is not guaranteed.

5.2 We will do all that we reasonably can to provide the Services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the Services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, but not limited to, severe weather, accidents or unpredictable delays).

5.3 Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the Services as soon as the issue causing the delay has been resolved. If the Services are delayed by more than 7 days, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any Services that have not yet been provided.

6 PRICE AND PAYMENT

6.1 The price for our Services will be shown on the Website and as set out in your order (Price). The Price is inclusive of VAT.

6.2 Prices for our Services may change at any time. You will be notified 28 days in advance of any planned price changes.

6.3 We will charge the Price to the credit or debit card that you have provided at the time we accept the order. All amounts due must be paid in full in advance.

6.4 We accept the following credit cards and debit cards: all UK credit / debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.

6.5 We use a third-party payment provider (Stripe) to process payments on our Website. They have their own separate terms of use which can be found at https://stripe.com/gb/legal/ssa.

7 YOUR RIGHTS AS A CONSUMER

This clause 7 only applies where you purchase Services from us as a consumer.

7.1 All of our services come with a free -one-time- seven-day trial period, if you choose to cancel your order within this seven-day period, you will not be charged.

7.2 All of our services are payable in advance. We are not able to offer a partial refund should you choose to cancel your order partway through the paid period.

7.3 When you cancel your order, your services will stop immediately, and you will not be charged again.

7.4 To cancel your order, please log in to your user dashboard from here, you can cancel, edit or pause your service. Alternatively, please email us at support@whocarescalls.co.uk or call us on 07591491300.

7.5 For more detailed information on your consumer rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

8 IF THE SERVICES DO NOT MEET THEIR DESCRIPTIONS

8.1 Where the Services or deliverables do not meet the descriptions on our Website:

If you are a consumer:

8.2 If you are unhappy with any of the Services provided, please email us at support@whocarescalls.co.uk or call us on 07591491300.

8.3 If the Services do not meet the standards set out in the contract or are misdescribed, please contact us as soon as reasonably possible at support@whocarescalls.co.uk or call us on 07591491300.

9 YOUR OBLIGATIONS AND RESTRICTIONS

9.1 You agree that:

9.1.1 you will pay the Price for the Services;

9.1.2 you will provide complete and accurate information when placing an order;

9.1.3 you are responsible for making sure that the information you provide us in order to enable us to provide the Services is correct;

9.1.4 you will comply with these Terms, and any other documents referred to in it, when using our Website and placing an order for Services; and

9.1.5 in reading and accepting these Terms, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us at support@whocarescalls.co.uk or called us on 07591491300. for help or more information.

10 OUR RIGHT TO END THE CONTRACT

10.1 We may terminate any and all contracts we have with you at any time by contacting you in writing if:

10.1.1 you commit a serious breach of these Terms;

10.1.2 you do or take part in anything illegal when using our Website or purchasing our Services; or

10.1.3 you fail to pay any amount due under a contract on the due date.

10.2 You can cancel your order under clause 7 (YOUR RIGHTS AS A CONSUMER) or clause 8 (IF THE SERVICES DO NOT MEET THEIR DESCRIPTIONS).

10.3 Our right to terminate does not affect any of your rights.

If you are a business customer:

10.4 We may terminate any and all contracts we have with you if:

10.4.1 you are in material or persistent breach under this contract and that breach has not been remedied 30 days after receiving written notice from us;

10.4.2 you are unable to pay your debts, you have a receiver, manager, administrator or administrative receiver appointed over all or any part of your undertakings, assets or income; or

10.4.3 you cease or suspend, or threaten to cease or suspend, the carrying on all or any part of your business.

11 OUR LIABILITY TO YOU

11.1 We are not liable to you for any losses you incur where the Services are delayed or cannot be performed because:

11.1.1 you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to perform the Services; or

11.1.2 you fail to make the location available to us, or fail to prepare the location as required for us to provide the Services, or fail to provide us with adequate instructions or information to allow us to perform the Services.

11.2 If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil a contract.

11.3 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil a contract.

11.4 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

The following clause in this clause 11 only applies to you if you are a consumer.

11.5 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the relevant contract was made, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

12 OUR INTELLECTUAL PROPERTY RIGHTS

12.1 You agree that we and our licensors own all intellectual property rights in the Services. Except as expressly stated as part of the Services, these Terms do not grant you any rights to any intellectual property rights in the Services.

12.2 You must not use our trade marks or our trade names on your website or in any marketing materials without our express written consent.

13 FEEDBACK AND COMPLAINTS

13.1 We welcome any feedback about our Services. We hope that you are satisfied with any purchase you make with us, and we are always keen to hear about ways to improve our Services. If you have any comments, please let one of our sales assistants know or submit these to support@whocarescalls.co.uk or call us on 07591491300.

13.2 If you do have any complaints, please submit them to support@whocarescalls.co.uk or call us on 07591491300. and we will aim to deal with these swiftly.

14 GENERAL

14.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent. We may transfer our rights and obligations under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

14.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.

14.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

14.4 Under this contract, notices must be in writing and sent to the other party's address or email address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed delivered in 3 business days (excluding English Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient's location).

14.5 Each contract, these Terms and the terms of each accepted order represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.

14.6 Each contract, these Terms and the terms of each accepted order and any dispute or claim arising out of them will be governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims. If you are a consumer and live in either Northern Ireland or Scotland, you can choose to bring a claim in England and Wales or in the courts of another part of the United Kingdom in which you live.