Terms of Service
Please read these Terms of Service carefully as they contain important information about your rights, remedies and obligations. By accessing or using the Carefree Platform, you agree to comply with and be bound by these Terms of Service.
Last updated: October 2020
These Terms of Service (“Terms”) constitute an agreement (“Agreement”) between you and Carefreespace (“Carefree”) (as defined below) governing your access to and use of: the Carefree website which is identified by the URL www.carefreespace.org and any subdomains thereof, and; any other websites through which Carefree makes its services available (collectively, “Site”), and; Carefree’s digital technology platforms (e.g. booking platform, accommodation upload process, online members spaces, collectively “Carefree Platform”), and; any other service or activity undertaken by Carefree in pursuit of its charitable objectives, which collectively, with the Site and Carefree Platform, is referred to as “Carefree Services”.
When these Terms mention Carefree, carefreespace, we, us, or our, it refers to Carefreespace, registered charity 1176459 with its registered office at Second Home, 45-47 Clerkenwell Green, London, EC1R 0EB.
Table of Contents
- Scope of Carefree Services
- Eligibility, Using the Carefree Platform, Carer Verification
- Modification of these Terms
- Account Registration
- Administration Fee
- Terms specific to Community Partners
- Terms specific to Hospitality Partners
- Terms specific to Carers
- Booking Modifications, Cancellations and Refunds
- Damage to Accommodation, Loss, Theft and Disputes between Carers and Hospitality Partners
- Prohibited Activities
- Term and Termination
- Applicable Law
- General Provisions
1. Scope of Carefree Services
1.1 The Carefree Platform is an online platform that enables registered users (“Carers”) to access accommodation (“Accommodation”) donated by third parties (“Hospitality Partners”) that is published on the Carefree Platform (“Listings”). Users who are neither Carers or Hospitality Partners may have limited access to certain parts of the Site, such as Community Partners who refer Carers to our service. Except where otherwise noted, the terms “you”, “your”, “them” or “their” refers to Carers, Community Partners, Hospitality Partners and Guests (Carers and their companion guests visiting the Accommodation), and Visitors (general individuals accessing the Site or Carefree Platform not specified here).
1.2 As the operator of the Carefree Platform, Carefree does not own, sell, resell, or supply any Accommodation that is published as Listings. While Carefree facilitates the Listings of Accommodation on its Platform, it cannot be held responsible for the accuracy of the Listings and cannot guarantee availability at the point of time that a booking request is made. When Carers make a booking, they are entering into an agreement directly with Hospitality Partners. Carefree is not and does not become a party to or other participant in any contractual relationship between Carers and Hospitality Partners once a booking has been confirmed.
1.3 While we may help to facilitate the resolution of disputes, Carefree has no control over and does not guarantee (i) the quality, safety or suitability of any Listings or Hospitality Partners, (ii) the truth or accuracy of any Listings description or (iii) the performance or conduct of Carers or third parties. Any references to Carers being “eligible” or “verified” (or similar language) only indicates that Carers have completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Carefree about any Carer, including of the Carer’s identity or background or whether the Carer is trustworthy or suitable. Carers should always exercise due diligence and care when deciding whether to stay in Accommodation and Hospitality Partners should do likewise when accepting a booking request from a Carer. Verified Images (as defined below) are intended only to indicate photographic representations of Listings and are therefore not an endorsement by Carefree of any Hospitality Partners or Listings.
1.4 If you choose to use the Carefree Platform as a Hospitality Partner your relationship with Carefree is limited to being an independent, third-party contractor, and not an employee or agent of Carefree for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of Carefree. Carefree does not, and shall not be deemed to, direct or control Hospitality Partners generally or your performance under these Terms specifically.
1.5 To promote the Carefree Platform and to increase the exposure of Listings to potential Carers, Listings will be displayed on booking pages and within communications to Carers on the Carefree Platform, and within emails to registered Carers on our mailing lists, none of which will be publicly accessible, e.g. through Google search indexing. To promote any Hospitality partnerships in place and support Carefree brand awareness, Carefree may communicate the existence and nature of such partnerships, without disclosing Listings details, within Carefree’s Site, social media posts, press articles, and online and offline advertisements.
1.6 The Carefree Platform may contain links to third-party websites or resources including but not limited to Provider websites (“Third- Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Carefree is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Carefree of such Third-Party Services.
1.7 Due to the nature of the Internet, Carefree cannot guarantee the continuous and uninterrupted availability and accessibility of the Carefree Platform. Carefree may restrict the availability of the Carefree Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Carefree Platform. Carefree may improve, enhance and modify the Carefree Platform and introduce new features from time to time.
2. Eligibility, Using the Carefree Platform, Carer Verification
2.1 Carers must be at least 21 years old to access and use the Carefree Platform or to register with Carefree. By accessing or using the Carefree Platform Carers represent and warrant that they are 21 or older.
2.2 Carefree may make access to and use of the Carefree Platform, or certain areas or features of the Carefree Platform, subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria when carers register for a break via our website or are referred by a Community Partner.
2.3 Carers can be registered with Carefree by two principal routes: (1) by Community Partners as third parties, or (2) by self-confirming their eligible caring status through either (a) the presentation of evidence, e.g. DWP letter, or (b) testimonial from a referee.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of a Carer’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Carers to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Carers, (ii) screen Carers against third party databases or other sources and request reports from relevant service providers.
2.5 If as a Carer you wish to book Accommodation you warrant that you (i) care for someone for at least 35 hours per week on an unpaid basis (ii) are able to arrange interim care for the person(s) you care for and (iii) have sufficient means to pay the Administration Fee (see below) and all associated costs e.g. food and travel. Accommodation is provided free-of-charge.
2.6 The access to or use of certain areas and features of the Carefree Platform may be subject to separate policies, standards or guidelines, or may require that Carers, Hospitality Partners and Visitors accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the Carefree Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Carefree reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Carefree Platform and update the “Last Updated” date at the top of these Terms. If Carers, Hospitality Partners or Visitors disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Carefree Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 Carers, Community Partners and Hospitality Partners must register an account (“Carefree Account”) to access and use certain features of the Carefree Platform.
4.2 Users must provide accurate, current and complete information during the registration process and keep their Carefree Account information up-to-date at all times.
4.3 Users may not register more than one (1) Carefree Account. They may not assign or otherwise transfer their Carefree Account to another party.
4.4 Users are responsible for maintaining the confidentiality and security of their Carefree Account credentials and may not disclose their credentials to any third party. Users must immediately notify Carefree if they know or have any reason to suspect that their credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of their Carefree Account. Users are liable for any and all activities conducted through their Carefree Account unless such activities are not authorised by them and they are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
4.5 Carefree may enable features that allow Users to authorise certain third parties to take certain actions that affect your Carefree Account. For example, we recognise that Carers may need support in registering with Carefree or may wish to nominate a third party to book a Listing on their behalf. These features require that you share your credentials with another person, which is your right and choice.
5.1 The Carefree Platform may in its entirety or in part be protected by copyright or trademark. Carers, Hospitality Partners and Visitors acknowledge and agree that the Carefree Platform and content, including all associated intellectual property rights, are the exclusive property of Carefree.
5.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Carefree Platform, except to the extent you are expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Carefree or its licensors, except for the licenses and rights expressly granted in these Terms.
5.3 Subject to your compliance with these Terms, Carefree grants a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to Carers, Hospitality Partners, Guests and Visitors to access and view any content made available on or through the Carefree Platform and accessible to you, solely for your personal and non-commercial use.
5.4 Carefree will request the use of photographs of Accommodation to be sourced from the websites of Hospitality Partners to include in Listings (“Verified Images”). You acknowledge and agree that Carefree shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.
6. Administration Fee
6.1 Carers making an Accommodation booking on the Carefree Platform will pay a £25 fee (“Administration Fee”) in consideration for the use of the Carefree Platform. The Administration Fee can also be paid on behalf of the Carer, for example by a Carer Support Organisation, Local Authority, or an individual, e.g. as a gift. A Carer may make only one Accommodation booking within a 12 month period. The Administration Fee is charged each time a Carer makes an Accommodation booking.
6.2 Any applicable Administration Fees (including any applicable taxes) will be displayed to Carers prior to booking a Listing. Carefree reserves the right to change the Administration Fee at any time, and will provide Carers adequate notice, for example through email contact, of any fee changes before they become effective.
6.3 Carers are responsible for paying any Administration Fees that you owe to Carefree. Except as otherwise provided on the Carefree Platform, Administration Fees are non-refundable.
6.4 Any person found to have made a Confirmed Booking under false pretences will be liable to pay the full rate-card cost of the Accommodation and will be excluded from future access to the Carefreespace Platform.
7. Terms specific for Community Partners
7.1 Community Partners will supply Carefreespace with an agreed minimum number of carer referrals each year via its platform, ensuring to provide accurate information on a carer’s status, eligibility for the service (see Section 2) and contact details.
7.2 When undertaking outreach activities to promote the offer to Carers, Community Partners will accurately represent the terms of Carefreespace’s offer and only promote Carefree and its brand in a respectful and non-damaging manner. Further prohibited activities are listed in section 12.
7.3 Community Partners will work with Carefreespace to support carers to be ‘break ready’, assisting them with interim care arrangements, break booking arrangements and financially (if possible and appropriate).
7.3 Community Partners will submit referrals securely and with the prior consent of the carer, following GDPR and any UK specific data privacy legislation.
7.4 Community Partners will have appropriate safeguarding policies and procedures in place and adhere to relevant safeguarding legislation, including the Safeguarding Vulnerable Groups Act 2006. Community Partners will respond to any concerns raised by Carefreespace or Hospitality Partners to Carers that they have referred as soon as possible and within two working days.
7.5 In the event of issues with a Carer in consideration of Carefreespace’s service, for example a complaint about a Carer by a Hospitality Partner that requires us to exclude them from using Carefreespace in the future, Carefreespace will endeavour to communicate such circumstances with Community Partners where such communication would not in any way break the Carer’s privacy rights.
8. Terms specific for Hospitality Partners
8.1 Hospitality Partners will supply Carefreespace with accurate Listings information for its Platform. You give Carefree permission to extract from your website information when necessary about your Accommodation (such as listing description [including, e.g., disabled access], location, and availability) and including requirements that apply (such as the allowance of pets or COVID safety measures). Hospitality Partners (not Carefreespace) are responsible for communicating up-to-date Listings information (including calendar availability) at all times either directly within the Carefree Platform or otherwise directly to Carefree, and are asked to inform Carefree of changes within 2 working days. We recommend that Carers check Hospitality Partner websites for detailed information on Accommodation.
8.2 Hospitality Partners will make available the minimum, recurring number of Breaks that they have pre-agreed with Carefree (on a monthly basis for Hotels and annual basis for Holiday Cottages) and communicate to Carefree within 2 working days if there is a change to the number of Breaks by email or within Carefree’s platform based on (i) additional surplus becoming available or (ii) in the event that the Hospitality Partner wishes to offer less than the minimum monthly commitment (e.g. because of unforeseen and exceptional operational necessities).
8.3 Hospitality Partners will confirm to Carefree the booking of breaks requested by Carers as soon as possible and within 2 working days of receiving the request and undertake administration to fulfil bookings by email or via Carefree’s platform.
8.4 Carefree accepts that Hospitality Partners have the right to decline booking requests and may not always be able to fulfil the minimum number of breaks committed but in the event of these circumstances consultation should be sought with Carefree and best endeavour made to make those breaks available on alternative dates to minimise the disruption for Carers.
8.5 When a Hospitality Partner confirms a booking (“Confirmed Booking”) they are then entering a legally binding agreement with the Carer and guest and are required to provide the Accommodation to them as described in the Listing when the booking request is made, including to the Hospitality Partner’s usual service offering and standards.
8.6 No fees are paid by Carefree or Carers to Hospitality Partners.
8.7 In the event of a Carer booking being cancelled, Carefree will relist the break on its Platform for booking unless otherwise advised by the Hospitality Partner.
8.8 Hospitality Partners will provide advice and share information to support the co-design of Carefrees’s Platform and Service, such as employee feedback gathered through surveys and user interviews.
8.9 Carefree recommends that Hospitality Partners obtain appropriate insurance to cover the actions or inactions of Carers (and their guests) while staying at your Accommodation. Carefree does not insure the actions or inactions of Carers (or their guests) while staying in Accommodation.
8.10 Hospitality Partners must have internal safeguarding policies in place to which all staff members conform and must meet its legal safeguarding responsibilities, including in relation to the Safeguarding Vulnerable Groups Act 2006.
9. Terms specific for Carers
9.1 Subject to meeting any requirements (such as completing any verification processes and paying Administration Fees) set by Carefree, Carers may book a Listing available on the Carefree Platform by following the respective booking process. The booking details (e.g. dates, numbers of guests) of a Break booked by a Carer can only be changed through the Carefree Platform or directly with Carefree employees, e.g. by email or phone call.
9.2 Carefree cannot guarantee that all Carers will find Listings suitable to their personal circumstances. No fee (see 6.1 Administration Fee) is taken if no Accommodation booking is made.
9.3 Carers may take no more than one break per household with Carefree each year. For hotel Accommodation, Carers may invite one companion (adult or child) other than the person(s) they care-for to share their break. For Holiday Cottage Accommodation, Carers may invite one adult companion and up to two dependent children other than the person(s) they care-for to share their break.
9.4 Upon receipt of a booking confirmation from Carefree, an agreement is formed between you as the Carer and your Hospitality Partner, subject to any additional terms and conditions of the Hospitality Partner that apply.
9.5 You understand that a confirmed booking of an Accommodation (“Confirmed Booking”) is a limited license granted to you the Carer by the Hospitality Partner to enter, occupy and use the Accommodation for the duration of your stay, during which time the Hospitality Partner (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Hospitality Partner.
9.6 Carers agree to leave the Accommodation no later than the checkout time that the Hospitality Partner specifies in the Listing or such other time as mutually agreed upon between you and the Hospitality Partner. If you stay past the agreed upon checkout time without the Hospitality Partner’s consent you no longer have a license to stay in the Accommodation and the Hospitality Partner is entitled to make you leave in a manner consistent with applicable law.
10. Booking Modifications, Cancellations and Refunds
10.1 Carers may cancel Confirmed Bookings at any time but should be aware that by making a booking and subsequently cancelling the same, you may have denied another Carer the opportunity of a break. Furthermore, in such circumstances the donated Accommodation may not be used, so wasting a generous gift. As such, we request that Carers think very carefully before cancelling a Confirmed Booking. Nevertheless Carefree recognises that Carers may face emergency situations whereby Confirmed Bookings must be cancelled. In such emergency situations a Confirmed Booking may be cancelled and Carefree will seek to arrange, but will not guarantee to secure, alternative Accommodation for the Carer at another time. No Administration Fee refund will be made in the event of a cancelled Confirmed Booking.
10.2 If a Hospitality Partner cancels a Confirmed Booking, Carefree will seek to arrange alternative Accommodation for the Carer. If it is impossible to find alternative Accommodation, the Carer will receive a full refund of the Administration Fee within a commercially reasonable time of the cancellation.
10.3 In certain circumstances, Carefree may decide, in its sole discretion, that it is necessary to cancel a Confirmed Booking and make appropriate refund decisions. This may be for reasons where Carefree believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Carefree, third parties or property, or for any of the reasons set out in these Terms.
11. Damage to Accommodation, Loss, Theft and Disputes between Carers and Hospitality Partners
11.1 As a Carer, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
11.2 If a Hospitality Partner claims and provides evidence that you as a Carer have damaged Accommodation or any personal or other property at the Accommodation, the Hospitality Partner can seek payment directly from you.
11.3 If a Hospitality Partner claims and provides evidence that you as a Carer have stolen Hospitality Partner property, or have been abusive towards any employee, the Hospitality Partner will invoke their own procedures for investigation. Likewise if a Carer has evidence of abuse towards them by the Hospitality Partner, the Carer should follow the Hospitality Partner complaints procedure and also inform Carefree (see section 17 – ‘Remit of Carefree’s Complaint Management’).
11.4 If a Carer suffers any loss, damage or theft of personal property from the accommodation premises during their stay, the Carer must contact the Hospitality Partner directly to investigate and pursue. Carefree recommends that Carers put personal travel insurance in place prior to their break for additional protection against this scenario and holds no responsibility for these matters as per our Terms, (see section 15 ‘Indemnification’).
12. Prohibited Activities
12.1 Carers, Community Partners, Hospitality Partners and Visitors are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Carefree Platform. In connection with your use of the Carefree Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third- parties, third-party rights, or our Terms;
- use the Carefree Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Carefree endorsement, partnership or otherwise misleads others as to your affiliation with Carefree;
- use the Carefree Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer as a Hospitality Partner, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Carefree Platform;
- unless Carefree explicitly permits otherwise, book any Listing if you will not actually be using the Accommodation yourself;
- contact another Carer for any purpose other than asking a question related to a booking, Listing, or the Carer’s use of the Carefree Platform, including, but not limited to, recruiting or otherwise soliciting any Carer to join third-party services, applications or websites, without our prior written approval;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
- use, display, mirror or frame the Carefree Platform, or any individual element within the Carefree Platform, Carefree’s name, any Carefree trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Carefree Platform, without Carefree’s express written consent;
- dilute, tarnish or otherwise harm the Carefree brand in any way, including through unauthorised use of content, registering and/or using Carefree or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Carefree domains, trademarks, taglines, promotional campaigns or content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Carefree Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Carefree or any of Carefree’s Hospitality Partners or any other third party to protect the Carefree Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Carefree Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Carefree Platform; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 Carers, Community Partners, Hospitality Partners and Visitors acknowledge that Carefree has no obligation to monitor the access to or use of the Carefree Platform, but has the right to do so to (i) operate, secure and improve the Carefree Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) evaluate the public benefit of its charitable activities or (v) as otherwise set forth in these Terms. Carers agree to cooperate with and assist Carefree in good faith, and to provide Carefree with such information and take such actions as may be reasonably requested by Carefree with respect to any investigation undertaken by Carefree or a representative of Carefree regarding the use or abuse of the Carefree Platform.
13. Term and Termination
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you as Carer, Community Partner or Hospitality Partner, or Carefree, terminate the Agreement in accordance with this provision.
13.2 You may end your participation in this Agreement at any time by sending us an email firstname.lastname@example.org. If you cancel your Carefree Account as a Hospitality Partner, any Confirmed Bookings will remain valid but Listings will be removed from Carefree. If you cancel your Carefree Account as a Carer, any Confirmed Booking will remain valid. If you cancel your Carefree account as a Community Partner, any carer referrals made will remain on our system.
13.3 Without limiting our rights specified below, Carefree may terminate this Agreement at any time by giving you thirty (30) days’ notice via email to your registered email address.
13.4 Carefree may immediately, without notice, terminate this Agreement and/or stop providing access to the Carefree Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third- party rights, or (iii) Carefree believes in good faith that such action is reasonably necessary to protect the personal safety or property of Carefree, Carers, or third parties.
13.5 In addition, Carefree may take certain measures if any of the following requirements or circumstances occur (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Carefree Account registration, Listing process or thereafter, (iv) you, as a Community Partner, make fraudulent or deliberately inaccurate referrals of carers to Carefree (v) you and/or your Listings or Hospitality Partners at any time fail to meet any applicable quality or eligibility criteria, (vi) Carefree becomes aware of or has received complaints about your performance or conduct, (vii) you have repeatedly cancelled Confirmed Bookings or failed to respond to booking requests without a valid reason, or (viii) Carefree believes in good faith that such action is reasonably necessary to protect the personal safety or property of Carefree, Carers, or third parties, or to prevent fraud or other illegal activity. When one or more of these circumstances occur, Carefree may take the following measures.
- refuse to surface, delete or delay any Listings;
- cancel any pending or Confirmed Bookings;
- limit your access to or use of the Carefree Platform;
- temporarily or in case of severe or repeated offences permanently suspend your Carefree Account and stop providing access to the Carefree Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Carefree and an opportunity to resolve the issue to Carefree’s reasonable satisfaction.
If you choose to use the Carefree Platform, you do so voluntarily and at your sole risk. The Carefree Platform is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Carefree Services, laws, rules, or regulations that may be applicable to Listings and that you are not relying upon any statement of law or fact made by Carefree relating to a Listing.
If we choose to conduct identity verification or background checks on any Carer, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Carer or guarantee that a Carer will not engage in misconduct in the future.
You agree that some Hospitality Partners may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Accommodation stay and to the maximum extent permitted by law, you agree to release and hold harmless Carefree from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Accommodation stay or in any way related to your Hospitality Partner service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15.1 Carers, Hospitality Partners and Visitors acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Carefree Platform, your booking of any Listing via the Carefree Platform, your stay at any Accommodation, participation in any payment service remains with you. Neither Carefree nor any other party involved in creating, producing, or delivering the Carefree Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Carefree Platform, (iii) from any communications or interactions that result from your use of the Carefree Platform, or (iv) from your booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Carefree has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Carefree’s aggregate liability arising out of or in connection with these Terms and your use of the Carefree Platform including, but not limited to, from your booking of any Listings via the Carefree Platform, or from the use of or inability to use the Carefree Platform and in connection with any Accommodation, payment service, exceed the amount you have paid as an Administration Fee. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Carefree and you.
15.2 The Carefree Platform is directed at people residing in the United Kingdom. We do not represent that content available on or through the Carefree Platform is appropriate for use in other locations. In the United Kingdom Carefree is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Carefree is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Carefree in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Carefree is excluded.
You agree to release, defend (at Carefree’s option), indemnify, and hold Carefree and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Carefree Platform, (iii) your interaction with any Carer, stay at Accommodation, participation in any payment services, including without limitation any injuries, losses, theft or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
We welcome and encourage Carers, Hospitality Partners and Visitors to provide feedback, comments and suggestions for improvements to the Carefree Platform (“Feedback“). You may submit Feedback by emailing us at email@example.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
18.1 Carefree aims to exceed expectations in the provision of Carefree Services. In the event that Carefree Services fail to meet specific expectations, we invite you to notify us of any misgivings (“Complaint”). Carefree endeavours at all times to treat Carers with respect and we expect the same standards of behaviour in your reporting of any dissatisfaction.
Senior management at Carefree will review all complaints in a timely and professional manner. We believe it is important to be transparent and to learn from any shortcomings we may have.
Please click here to access our Complaints Policy which clearly details how your complaint(s) should be communicated, who will be responsible to investigate and how you will be kept informed.
18.2 If you wish to make a Complaint about any Carefree Service please contact us as soon as possible in person, via email at firstname.lastname@example.org or in writing to Carefree, Second Home, 45-47 Clerkenwell Green, London, EC1R 0EB. Please note that if the Complaint is made in person, we will summarise the Complaint in writing and ask you sign the document as an accurate written statement of the Complaint, or you can subsequently send us an email describing the same.
18.3 When making a Complaint, please (i) detail your name and contact details; this is essential, as it will be challenging to address anonymous complaints, (ii) include the specific activity, service or person(s) to which the Complaint applies and (iii) outline the nature of the Complaint as precisely as possible. We ask you to include all relevant details (such as the date, place, time, person(s) involved) and a full description of the Complaint.
18.4 Carefree will deal with any Complaint in a professional and confidential manner. You will be notified of the senior manager assigned to manage your Complaint (“Complaint Manager’). The Complaint Manager will investigate the Complaint fully and communicate with you until the issue is resolved (ideally with both parties agreeing a mutually acceptable way forward). Carefree may publish Complaint communication but will never reveal your identity or that of the person(s) involved without first receiving your written consent.
18.5 Carefree will acknowledge any email or postal Complaint within 5 working days of receipt. You can expect to receive a full written response to your Complaint within 10 working days of receipt; if this is not possible we will contact you to discuss the likely timescale.
18.6 We will investigate all complaints relating to Carefree Services (i.e. dealings with our staff, the Carefree Platform and booking process, any communications with us and/or follow up evaluations or case studies). We also ask that you, as a Carer, contact Carefree if you are dissatisfied with your Accommodation, Hospitality Partner or with the Community Partner responsible for referring you to Carefree. We will pursue your Complaint on your behalf.
19. Applicable Law
19.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
19.2 Carefree, Carers, Hospitality Partners and Visitors irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non- contractual disputes or claims).
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Carefree and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Carefree and you in relation to the access to and use of the Carefree Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and Carefree as a result of this Agreement or your use of the Carefree Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 Carefree’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Carefree’s prior written consent. Carefree may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Carers permitted or required under this Agreement, will be provided electronically and given by Carefree via email, Carefree Platform notification, or messaging service.
20.8 If you have any questions about these Terms please email us at email@example.com.