1.1 The definitions below shall apply to these Terms of Service (Terms):
Charges mean the fees applied to the Services as set out in the Treatment Letter;
Child means a person under the age of 18 for whom the Client is the parent or legal guardian;
Client means the person who engages GoCarer to provide the Services;
Contract means the Client’s request for the Services and GoCarer’s agreement to provide the Client with the Services;
GoCarer means the trading name of Pivotal Way Limited (company number 11623942) whose registered office is at Mulberry Cottage, Clamp Hill, Stanmore, London, HA7 3JQ;
Services means the service consultancy to be provided by GoCarer under the Contract and as set out in the Treatment Letter, as may be amended from time to time;
Treatment Letter means the letter sent to the Client setting out the care, treatment and services to be provided by GoCarer.
2. APPLICATION OF TERMS
2.1 These Terms shall apply to and be incorporated into the Contract.
2.2 The Client’s request for the Services, or the Client’s acceptance of a quotation for Services by GoCarer, constitutes an offer by the Client to purchase the Services specified in it on these Terms. No offer placed by the Client shall be accepted by GoCarer other than:
(a) by written acknowledgement from GoCarer; or
(b) by GoCarer starting to provide the Services, when a contract for the supply and purchase of the Services on these Terms will be established.
2.3 The Client agrees to be bound by these Terms on behalf of the Child, even if the Child breaches, or is not bound by, any part of these Terms. In these circumstances, references in these Terms to the Client shall include the Child.
2.4 GoCarer may update these Terms from time to time, however any new terms will not apply to Services which are part-way through when these Terms are changed.
2.5 If there is any conflict between these Terms of Service and the Treatment Letter, the Treatment Letter will take precedence.
3. COMMENCEMENT AND DURATION
3.1 The Services supplied under the Contract shall be provided by GoCarer to the Client from the date of acceptance by GoCarer of the Client’s offer in accordance with paragraph 2.2.
3.2 GoCarer will not commence providing the Services until it is satisfied the Client or Child does not have any pre-existing medical condition or other factor that would mean the Services are not in the best interests of the Client or Child.
4. GoCarer OBLIGATIONS
4.1 GoCarer shall use reasonable endeavours to provide the Services in accordance with the treatment plan as discussed and agreed between the parties and set out in the Treatment Letter.
4.2 For the avoidance of doubt, due to the complex factors that influence the final outcome of the Services, GoCarer can accept no responsibility in the event that treatment is unsuccessful.
5. CLIENT OBLIGATIONS
5.1 The Client shall:
(a) co-operate with GoCarer in all matters relating to the Services;
(b) provide to GoCarer, in a timely manner, such information as GoCarer may require and ensure that it is accurate in all material respects;
(c) ensure the Child is ready at the start of each appointment to undergo treatment;
(d) co-operate fully with GoCarer staff in relation to the Services and ensure any behaviour policies of GoCarer are adhered to.
5.2 For the avoidance of doubt, any abusive behaviour or behaviour by a Client or Child deemed to be inappropriate shall constitute a breach of these Terms and shall entitle GoCarer to terminate the Contract in accordance with paragraph 13.
6.1 Appointments will either be at the Client’s home or at a GoCarer clinic.
6.2 The time, date and frequency of appointments will be discussed and agreed between the parties, and will depend on the Services to be provided.
6.3 Should the Client need to cancel an appointment, or change the time, date or location of an appointment, the Client will provide GoCarer with at least 48 hours’ notice. GoCarer reserves the right to charge a cancellation fee if the Client cancels or changes an appointment within 48 hours of the appointment start time.
6.4 Should GoCarer need to cancel a Client’s appointment, GoCarer will give the Client as much prior notice as possible and will reschedule the Client’s appointment.
6.5 If our clinician runs over 30 minutes late to the scheduled session, we will refund you the full amount for the session (at a rate of £35 per session).
6.6 If the staff arrives at your home or child’s school on time but is unable to enter, will wait for a maximum of 20 minutes. After 20 minutes, the session will be treated as cancelled and a cancellation fee of £10 will apply.
6.7 In the event of illness or other circumstances that prevent your primary gclinician from carrying out their sessions, the secondary clinician will take gover the primary clinician’s responsibilities during the time. If both gclinicians are unavailable, our office will contact you in advance to work gout arrangements.
7. CHARGES AND PAYMENT
7.1 In consideration of the provision of the Services by GoCarer, the Client shall pay the Charges.
7.2 The Charges may be paid by the Client either:
(a) in full prior to the commencement of the Services, in which case the Charges will be discounted and an invoice for the full amount will be sent to the Client; or
(b) monthly throughout the duration of the Services, in which case GoCarer will invoice the Client monthly in arrears.
7.3 The Client shall pay each invoice submitted to it by GoCarer, in full and in cleared funds, within 14 days to a bank account nominated in writing by GoCarer.
7.4 The Charges payable by the Client under the Contract are exclusive of VAT and shall be payable in GBP Sterling.
7.5 Except as otherwise stated in the Treatment Letter, the Charges:
(a) include therapeutic tools, assessments, toys, games, staff transportation costs; and
(b) do not include any other amounts incurred by the Client in connection with the Services including subsistence, travel, internet access fees, postage and telephone charges.
7.6 If the Client fails to pay GoCarer on the due date, GoCarer may cancel or suspend all Services until payment has been made in full. Time for payment shall be of the essence of the Contract.
8.1 This paragraph sets out the entire financial liability of GoCarer (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of:
(a) any breach of the Contract;
(b) any use made by the Client of the Services; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these paragraphs limits or excludes the liability of GoCarer:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by GoCarer.
8.4 Subject to paragraphs 8.2 and 8.3, GoCarer‘s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the price paid by the Client for the Services.
9.1 In all dealings between GoCarer and the Client proper standards of medical confidentiality will be maintained.
9.2 The Client undertakes to not at any time during the Contract, and for a period of five (5) years after termination of the Contract, disclose to any person any confidential information concerning the Services, nor the business, affairs, customers, clients or suppliers of GoCarer, except as may be required by law or any governmental or regulatory authority.
10. INTELLECTUAL PROPERTY
10.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by GoCarer. Intellectual Property Rights shall mean patents, rights to inventions, copyright and related rights, moral rights, trade marks business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world.
11.1 Should the Client wish to cancel the Services, the Client shall pay for the Services provided by GoCarer up to and including the date of cancellation. GoCarer reserves the right to charge a cancellation fee in accordance with paragraph 6.3 if the Client cancels an appointment within 48 hours of the appointment start time.
11.2 If the Client has already paid the Charges, GoCarer will refund the Charges less payment for Services provided by GoCarer up to and including the date of cancellation. GoCarer will only pay refunds (by cheque or electronic transfer) to the cardholder or person who made the original payment.
12.1 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:
(a) the other party fails to pay any amount due under the Contract on the due date for payment; or
(b) the other party commits a breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach.
12.2 On termination or cancellation of the Contract for any reason:
(a) the Client shall immediately pay to GoCarer all of GoCarer‘s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, GoCarer may submit an invoice, which shall be payable immediately on receipt;
(b) the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
12.3 On termination or cancellation of the Contract (however arising), the following paragraphs shall survive and continue in full force and effect: 9, 10 and 11.
13. CONTACT WITH GoCarer
13.1 GoCarer can be contacted in the following ways:
(a) Phone: 0203 3898 596
(b) Text: 0203 3898 596
(c) Email: firstname.lastname@example.org
These are the principal methods of communication between GoCarer and the Client, and may be used to contact GoCarer about any matter relating to the provision of the Services including complaints, compliments, enquiries and feedback.
14.1 Notices and Client contact details: It is important the Client keeps GoCarer updated of any changes to its contact details.
14.2 Gifts: GoCarer staff are not permitted to accept any gifts from the Client at any time. If the Client is pleased with GoCarer staff, please provide feedback.
14.3 DBS: All GoCarer staff have completed disclosure and barring service (DBS) checks.
14.4 Client Vehicles: GoCarer staff are not permitted to drive Client vehicles.
14.5 Force Majeure: No liability shall attach to GoCarer in respect of natural disasters, riots, civil commotion, usurped power, strikes or labour disturbances or any other circumstances which are beyond the control of GoCarer at any given time.
14.6 Third Party Rights: Except for the Client or GoCarer, no person will have any rights under or in connection with these Terms.
14.7 Entire Agreement: These Terms and the Treatment Letter apply to the exclusion of all other terms and conditions contained or referred to in any acknowledgement, acceptance or other communication between the Client and GoCarer.
14.8 Governing Law: These Terms are governed by and shall be construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction