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Welcome Guest 30 March 2017

User Agreement

Please read the following explanation of the terms and conditions for use of this site.

This document sets out the terms and conditions of your use of the website www.careandhealthlaw.com ('the Site'), whether you are visiting for free, or subscribing for access and use, and our respective rights and obligations.

By accessing and making use of the Site, you agree to these terms and you acknowledge that you are entering a legal contract with us, even though your use of the Site may not be charged for.

If you do not agree to these terms, please leave the Site immediately. You will be asked to evidence your agreement, as part of the process of accessing the password-protected information constituting the Subscription Services, or for making use of free access to the Care and Health Law Database.

The legal educational information provided by the Care and Health Law Database and free services does not constitute legal advice. It is only preliminary identification of some of the issues that may arise in relation to your particular interest or query. Your particular factual situation related to your query may have a significant impact on your or another's legal position. You acknowledge that the legal educational information provided has to be based on assumptions which, were the full facts relevant to your query known, might prove to be incorrect. In addition, the law is subject to frequent statutory change and to changes brought about by case-law, through 're-interpretation' of existing precedents. You acknowledge that the free or low cost of access to the information provided, means that what is available on the Site cannot always be expected to be up-to-date or completely accurate.

For the reasons above, you must not place reliance on a piece of legal educational information supplied by the Site, where 'reliance' means the 'doing' or 'not doing' of any act, due, in whole or in part, to the contents of the information provided by the Site. In other words, you must ensure that you first consult a legally qualified 'live' person before you decide to act or not act upon what you believe to be your particular circumstances. You acknowledge that the proprietor of Care and Health Law is not prepared to accept liability for the consequences of relying on the information provided and that you are nevertheless prepared, to treat the information provided, as you would the contents of a book.

Please note that you agree to enter into the Agreement in the form in which it exists whenever you access the Site. In other words, although the subscription period runs from your first password-enabled access to the Site, you enter into a new Agreement each time that you access the Site. This applies to all materials on the Site and to your access and use of the Site or any part of it, until you access the Site again. In effect this amounts to agreement on your part that we may amend the form of the contract you first enter into, at any time during your subscription year, with immediate effect, other than as to the Privacy Policy. However we guarantee that your subscription fee will not be amended within the period of your subscription year. Subject to that guarantee, we may amend this contract at any time by posting the amended terms on the Site. The amended terms may have changed since the previous occasion that you visited the Site and, for this reason, we strongly recommend that you check the contract terms on each visit. Except as stated below, all amended terms shall automatically be effective immediately when posted on the Site. This contract may not otherwise be amended by us unilaterally by any other means.

This Agreement was last revised on 15th September 2012

1. Licence

1.1 We are providing you with a non-exclusive, non-transferable licence to use the Site and the materials on it.

1.2 You may:

(a) Search, view, copy or print off anything on those parts of the Site to which we have permitted you access, for use in accordance with whatever subscription category you have purchased, provided copies or print outs retain all copyright notices and other proprietary notices printed on the materials identifying the Site Proprietor or other named person as the owner.

(b) Bookmark any page or link to it so long as the page is presented within the frameset of the Site.

(c) Using an industry standard Internet browser and Internet connection only, operate (but not view or copy) the software used in the operation of the Site for the purposes of viewing and searching the contents.

1.3 Unless we agree expressly in writing you must not:

(a) Make print outs or copies of the materials in the password-protected part of the Site (ie materials from the Q and A Analysis in the Database) available by hard copy or electronic text to any persons or any other organisation which has not subscribed to the Site, other than in the context of educational provision;

(b) Modify any of the information-based contents of the Site;

(c) Link the Site or any frameset in the Site to any website that you may operate or be involved in, except in the event that you are operating an industry standard internet browser or search engine;

(d) Present the information or analysis available on the Site as if it was your own work, to be graded or assessed by any educational institution or examination board.

2. Your Obligations

2.1 The password protected parts of the Site are provided for the sole use of the individuals connected with a subscribing organisation or company who are authorised to use it. You will take reasonable steps to ensure that no unauthorised use is made of your password.

2.2 Subscribers will not, without our express written permission (which we may refuse in our sole discretion), transfer, share, or sell or attempt to transfer, share, or sell access to or use of the Site (or any part or facility of it) or any of the rights or obligations under this Agreement to any other person.

2.3 You agree that we are not responsible for:

(a) unauthorised access to or alteration of your transmissions or data; or

(b) any material or data sent or received or otherwise communicated by you in connection with the use of the Site as made available to you.

2.4 You shall not use the Site:

(a), in connection with or for purposes of a criminal offence, or otherwise unlawfully, including but not limited to the provision of information about yourself for the purposes of registration;

(b) in a way that does not comply with the terms of any legislation or any licence applicable to you;

(c) so as to cause annoyance, inconvenience, or distress;

(d) so as to create a false identity for the purpose of misleading another;

2.5 In addition you shall not

(a) attempt to gain unauthorised access to the Site or other networks connected to the Site, through any means whatsoever;

(b) for the purpose of commencing or continuing civil, criminal, or administrative legal proceedings, whether as a claimant or a defendant, or for any other purpose, rely upon, any of the information provided on the Site.

2.6 You acknowledge that except where otherwise indicated on the site all intellectual property in the Site belongs to, or is licensed to the Site Proprietor.

3. Disclaimer

3.1 We give you no warranty or assurance about the Site. In particular:

(a) whilst we do everything we reasonably can to maintain the quality of the information on the Site, it may be incorrect or out of date, and may not constitute a definitive or complete statement of the law in any area. Therefore, you should not rely on the information on the Site as being up to date, comprehensive, correct or specific to your situation.

(b) The information and materials are not intended to constitute advice of any sort (legal or otherwise) in any specific situation. The Site merely provides general legal educational information on particular issues for the purposes of education, awareness raising and debate only. It is not possible for a system such as www.careandhealthlaw.com to take into account all individual circumstances. THEREFORE THE INFORMATION ON OUR SITE CANNOT, DOES NOT AND SHOULD NOT REPLACE LEGAL ADVICE FROM A SOLICITOR OR BARRISTER, particularly if you are considering commencing or continuing litigation in any forum. You should not place any reliance on the information provided and we strongly recommend that you seek legal advice in specific situations.

(c) Any warranties and conditions implied by law are excluded, to the maximum extent permitted by law.

4. The proprietor’s Obligations

4.1 We will provide you with access to the Site in accordance with the terms and subject to the conditions of this Agreement.

4.2 We will use our best endeavours to up-date it on a weekly basis.

4.3 We will ensure that Your Information (as defined below) is treated in accordance with standards that are not less than the standards required by the Data Protection legislation applicable in the United Kingdom.

4.4 We will operate the Site with the reasonable skill and care of a competent provider of services over the Internet. We do not promise that the technical operation of the Site will be error-free or fault-free. If you notice that there is an error with respect to your access to or use of the Site, you should report it to us at once, using the 'About Us' contact details for our Site engineers. Once an error or a fault in the Site is reported to us, we will correct such error, or repair such reported fault, as soon as we reasonably can.

4.5 Occasionally we may change the technical specifications of the Site or suspend the Site for operational reasons such as repair, maintenance or improvement or because of an emergency. We will restore the Site as soon as we reasonably can, after any change or suspension.

4.6 We will take reasonable steps to ensure that the information is free of any viruses, but we recommend that you use your own virus protection software.

 

5. Membership Eligibility and Subscription Categories

5.1 Our services are available only to Users who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under the age of 18. If you do not qualify, please do not use the Site.

5.2 The Site is not available to users whose access has been temporarily or indefinitely suspended for any reason.

5.3 Subscription Categories are as follows:

A - D - Work address Subscriptions or E - Domestic Subscriptions

A Local Authorities (purchasers), CCGs, Police Forces, National Health Service Trusts, Community Mental Health Trusts, Community Health Services Trusts, Primary Care Groups, Primary Care Trusts, Care Trusts, Solicitors' Firms and Barristers' Chambers, corporate management consultants, governmental bodies, NDPBs and agencies, and Head Offices of Housing Associations', or Care Homes' or Domiciliary Care Providers' corporate groups: £300 + VAT per year for unlimited use and unlimited access by all staff accessing the Site through the Subscriber's servers, including in-house legal staff;

B Mental Health Tribunals, Universities, Social Work Colleges, HQ offices of voluntary sector providers and housing associations etc: £125 + VAT per year for unlimited use and unlimited access by all staff or students accessing the Site through the Subscriber's servers;

C Private, voluntary or separately registered public sector nursing, residential and sheltered homes; Housing Association management offices; nursing agencies, domiciliary care providers, regardless of sector: £80 + VAT per year, per registered home, site, office or agency, for unlimited use and unlimited access for staff, tenants or residents accessing the Site through a computer owned by the Subscriber;

D Citizen's Advice Bureaux, Law Centres, Advocacy Agencies, Unison Reps, Research Organisations, individual Barristers working from Practice premises/chambers: £50 + VAT per year per site, for unlimited use and unlimited access by subscriber, staff, clients, visitors or researchers accessing the Site through a computer owned by the Subscriber;

E Individual persons wishing to subscribe for use of the Site from their own work or residential address from no more than two computers ie a work based PC or laptop and one at home- service users, carers, social workers, Approved social Workers, Care Managers, Nurses, Nursing Managers, Police Officers, students, councillors, Chairs, Non-Executive directors, GPs, individual lawyers away from their working premises : £35 + VAT per year for unlimited personal use.

 

6. Links

Links contained in this website may lead to sites not under the control of the proprietor who is not responsible for the contents of any linked site or any link contained in a linked site. Links provided on this Site are provided to users only as a convenience and the inclusion of any link does not imply endorsement or publication by the proprietor of any such linked site. Users link to any linked sites at their own risk.

7. Your Information

7.1 'Your Information' is defined as any information you provide to us or other Users when using the Site, in any public message area (including the Links Page) or through any e-mail feature. We act as a passive conduit for your on-line distribution and publication of Your Information.

7.2 Your Information (or any items listed therein): shall not

(a) be false, inaccurate or misleading;

(b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(c) violate any law, statute, direction, or regulation;

(d) in the opinion of the proprietor, be defamatory, libellous, sexist, inciting of racial or religious hatred, unlawfully threatening or harassing;

(e) in the opinion of the proprietor, be obscene or contain pornography;

(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate the Site or any part thereof;

(g) create liability for the proprietor or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

 

8. Privacy Policy and Data Protection Issues

8.1 We are committed to protecting the privacy of those using this Site and the confidentiality of any personal information which the users of our Site provide to us.

8.2 You will be able to use the free part of the Care and Health Law Database on an anonymous basis. We do not ask you to register, in order simply to visit the Site.

8.3 In the event of the sale or transfer of any of the assets or business of the Site Proprietor to a third party, Site Users give their consent by way of accepting the terms of the User Agreement to the transfer to such third party of any information of whatever nature obtained from users, for the purposes of their continued use of the Site.

8.4 Registration for ‘Hot News’, subscription to the protected part of the Database, Training bookings or subscription to the Legal Update published by the company each triggers inclusion of the registrant/subscriber for ‘What’s New’ email, which will not necessarily only cover what is new on the site in relation to the topics selected as ‘Hot News’ topics.

8.5 If you register for 'Hot' News or What’s New by E-mail or subscribe to the protected part of the Care and Health Law Database, or you book training or subscribe to any of the Care and Health publications advertised on the Site, it is a term of receipt of that service or subscription that your application be regarded as both a request and permission for us to use Your information to advise you, from time to time, of changes to the Site content, and offers, products and services provided by the proprietor.

8.6 To remove your personal information from the database or for any other queries in relation to the data protection policy, please email us at belinda@careandhealthlaw.com

8.7 Subject to amendment under clause 8.8, we shall adhere to the privacy policy referred to in this clause 8 and by agreeing to these terms and conditions, you also are explicitly consenting to us handling Your Information as provided under this policy.

8.8 We may change our privacy policy from time to time and any such changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Site.

8.9 The Privacy Policy Statement posted on the Site shall form a part of this Agreement, provided, however, that in the event of a conflict between the terms of the Privacy Policy Statement and this Agreement, this Agreement shall take precedence.

8.10 By accepting the terms and conditions of this Agreement, you acknowledge that, we (or others acting on our behalf) must store, host, and otherwise process Your Information. You also acknowledge that we may send such data outside of your national jurisdiction for such processing (including, in the case of Users resident in the European Union, outside of the European Economic Area) by parties acting on our behalf and that as a result you might no longer have any rights under the data protection legislation applicable in your jurisdiction.

8.11 This Clause 8 will remain in effect after the termination of this Agreement.

 

9. Breach

9.1 Without limiting other remedies, we may immediately issue a warning to you, or terminate your licence to access or use the Site:

(a) if you breach any terms of this Agreement or of the documents it incorporates by reference;

(b) if we are unable to verify or authenticate any of Your Information in any circumstances where you have provided Your Information;

(c) if we believe that your actions may cause legal liability for you, our users or the proprietor.

 

10. Effect of Termination

10.1 On becoming aware that your licence has been terminated, you must take reasonable steps to delete any information or materials or any part of the Site copied to any hard disk or other permanent storage device and must not make any further use of such information or materials.

11. Refunds and Additional Periods of Access

11.1 Subscription Refunds and promotional periods of access will be offered at the discretion of the proprietor.

12. Limitation of liability

12.1 Nothing in this Agreement purports to limit liability for death or personal injury resulting from negligence related to the Site contents.

12.2 Your use of the Site is subject to your agreement that the proprietor is not liable to you, either in contract, tort (including negligence) or otherwise, for direct or indirect loss of profits, business, or anticipated savings, or for any indirect or consequential loss or damage or for any destruction of data, however such loss may be suffered.

12.3 Any remaining liability on our part to you in contract, tort (including negligence) or otherwise in relation to or arising out of this Agreement is limited to £1,000 for any one incident or series of related incidents.

12.4 You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with use of the Site and for this reason, and also by reason of the fact that the level of the subscription is as low as it is, you acknowledge that we cannot be expected reasonably to insure adequately in respect of any such liabilities.

12.5 If we are unable to perform any obligation under this Agreement because of a matter beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, terrorist attack, civil disorder, industrial disputes (whether or not involving our contractors or employees), or acts of local or central Government or other competent authorities, or other events beyond the reasonable control of our contractors or suppliers, you agree that we will have no liability for that failure to perform.

12.6 The Site or any part thereof may not be compatible with your browser or computer configuration and we do not warrant in any way that it is.

12.7 Each provision of this Agreement excluding or limiting liability operates separately. If any provision or part or a provision is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

13. Indemnity

13.1 You agree to indemnify and hold the proprietor, our officers, agents, contractors and employees, harmless from any claim or demand, including lawyers' reasonable fees, made by any third party due to or arising out of your breach of any terms of this Agreement or of the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

14. Admissibility in Legal Proceedings

14.1 A printed version of this Agreement as at a particular date shall be admissible in judicial proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Law

15.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and each of the parties submits to the exclusive jurisdiction of the courts of England and Wales.

16. General

16.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

16.2 Failure to act with respect to a breach by you does not waive the right to act with respect to subsequent or similar breaches.

16.3 This Agreement sets out the entire understanding and agreement between us concerning its subject matter.

17. The Consumer Protection (Distance Selling) Regulations 2000

17.1 These regulations provide consumers with certain protection when purchasing goods or services over any means of distance communication, such as the internet. Certain clear information must be given to the consumer before a contract is concluded, in some durable medium accessible to the user, so we ask you to print off the details below, on the day you first subscribe, and keep them in a safe place.

17.2 In some situations, the regulations provide for a 'cooling-off' period of 7 days after contracting, but that rule does not apply to this Agreement. This is because in a case where the performance of the Agreement will commence virtually immediately, (in this case, as soon as your subscription request is received by the proprietor, together with payment, and you have got a password sorted out and activated) it would not be fair to the proprietor of the service to have to perform the provision obligations in the contract, by allowing access for 7 days, and then be obliged nevertheless to return the subscription fee just because a consumer changes his or her mind, despite having had the benefit of on-line access for a week to the information which constitutes the main point of the Site service. Regulation 8(3) makes it possible for the consumer's right of cancellation to be negated by refusing to agree that it should apply, and the proprietor brings to your attention that this is the case.

17.3 The regulations only apply to natural persons, not legal persons such as corporate subscribers, so will only be applicable, anyway, to individual subscribers. For the purposes of adherence to the Regulations, therefore, the proprietor requests that any Category E Subscriber takes note of the following information:

The identity of the supplier: the Site is operated by Belinda Schwehr, trading from Willowbank, The Hatches, Farnham, Surrey, GU9 8UE.

A description of the main characteristics of the services: Legal Educational Information about the Social Care, Healthcare and Human Rights Law in England and Wales.

The price of the goods, including all taxes: the individual consumer would be paying a rate of £35 per year and VAT on that sum or any sum then in force, at the applicable national rate.

The arrangements for payment and performance: please refer to 'About the Site' and the details of the WorldPay or PayPal systems within 'Subscribe/Login' (secure on-line payment method) or the 'Subscribe' notes (for off-line payment by cheque).

The period for which the price remains valid: one calendar year from the date of first access to subscription-protected material, unless a further one or two months' free access is given by the proprietor as a promotional tool.

The geographical address of the place of business of the supplier to which a consumer can address any complaints: to Willowbank, The Hatches, Farnham, Surrey, GU9 8UE  or by email at belinda@careandhealthlaw.com

Information about any after-sales service and guarantees: please refer to 'About the Site' and this User Agreement.

 

18. Definitions

'The Site' is the whole of www.careandhealthlaw.com

'Legal Educational Information' means the pages of legal information provided on the Site, relating either to overviews of legal topics or analysis of issues raised by legal questions concerning those topics.

'Materials' means the text, graphics, data and any other information presented on the Site that form part of the standard www.careandhealthlaw.com service from time to time.

'User' means a legal person (whether an individual, a company or any other legal entity) who makes use of, or accesses the Site for the purpose of using the information or materials.

'You' means the Subscriber or User with whom we make this Agreement.

'Connected with a subscribing organisation or company' means, in the case of subscribers paying for Subscription Categories A, B, C, or D, anyone reasonably appearing to us to be employed by that Subscriber or a client or visitor of or student affiliated to the Subscriber who has the Subscriber's authority or permission to use the Site through its servers.

The 'Site Proprietor' is Belinda Schwehr who has editorial responsibility for the site.

'We' or 'Us' is Belinda Schwehr.

The 'Subscription Period' is (subject to any promotional offer of one or two month's free access at the end of the calendar year) one calendar year from the activation of your password, which we will facilitate on clearance of your subscription fee.

The 'Subscription Service' is use of the Analysis section of the Care and Health Law Database (i.e. the Questions database).

'Free Services' are the Web-Search, Email News Registration, the News Reel and use of the Links Page.

The 'Subscription Category' is category A, B, C, D or E, as set out in clause 5, depending on what type of subscriber you are.

A 'work address' subscription is a subscription at level A, B, C or D, for any company, organisation, authority, firm, institution, individual self-employed person etc, which/who is not using the site from a residential address where the user lives.

An individual subscription is a subscription from an individual who is using the site from no more than two computers ie a work PC or laptop, and a home PC or laptop at their own residential address, whether or not that use is for purposes to do with their work.