Terms and Conditions
Last updated: 10th September 2024
1. Introduction
1.1 Overview of Youchoosecare Ltd
Welcome to Youchoosecare Ltd ("we," "our," "us"), a UK-based platform designed to connect individuals in need of home care services ("Clients") with qualified and vetted carers ("Carers"). Youchoosecare Ltd is a company registered in the United Kingdom under company registration number 15582744.
Our platform, accessible via Android and iOS (App Store) under the names Youchoosecare (Client app) and Youchoosecare Carer (Carer app), facilitates the provision of various care services, including personal care, domestic care, and companionship, ensuring that those in need receive the necessary support in the comfort of their homes.
1.2 Purpose of the Terms and Conditions
These Terms and Conditions ("Terms") govern the use of our platform, including but not limited to our websites (www.youchoosecare.com), mobile applications, and related services (collectively referred to as the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Platform.
1.3 Acceptance of Terms
By registering for an account, accessing our Platform, or utilizing any of the services provided by Youchoosecare Ltd, you acknowledge that you have read, understood, and agreed to these Terms. These Terms constitute a legally binding agreement between Youchoosecare Ltd and you, the user, whether you are a Carer or a Client.
1.4 Definitions and Interpretation
For the purposes of these Terms, the following definitions apply:
"Platform" refers to the Youchoosecare website, mobile applications, and any other digital or physical media through which our services are accessed.
"Client" refers to any individual or entity using the Platform to request or receive care services.
"Carer" refers to any individual or entity registered on the Platform to offer care services to Clients.
"Services" refer to the care services provided by Carers to Clients, facilitated through the Platform.
"Terms" refer to these Terms and Conditions.
"You" or "User" refers to both Carers and Clients unless the context specifically limits the application to one group.
Interpretations of these Terms shall be made with reference to UK law, and headings are for convenience only and shall not affect the interpretation of these Terms.
2. Eligibility
2.1 Age Restrictions
The Platform is intended for use by individuals who are at least 18 years of age. By accessing or using the Platform, you represent and warrant that you are 18 years of age or older. If you are under 18, you are not permitted to use this Platform or any of its services.
2.2 Compliance with Local Laws
Users of the Platform must comply with all applicable local, regional, and national laws, regulations, and ordinances. You are solely responsible for ensuring that your use of the Platform is in compliance with the laws of your jurisdiction.
2.3 Verification of Identity
Youchoosecare Ltd may, at its discretion, require users to verify their identity. This may include providing identification documents, undergoing background checks, or any other verification process deemed necessary by Youchoosecare Ltd. Failure to comply with verification requests may result in suspension or termination of your account.
3. Account Registration
3.1 Process for Carers and Clients
To access certain features of the Platform, including the ability to provide or receive care services, you must register for an account. During the registration process:
Carers: You will be required to provide the following information: First name, Last name, Email, Phone number, Password, and Address. Additionally, you must complete an online application form via Jotform here and submit the following documents:
Passport or International Passport
Biometric Residence Permit
Driving Licence
Birth Certificate
Training Qualifications (Diploma/Degree/NVQ)
Copy of your most recent DBS
Mandatory training certificate (> 1 year)
A 10-second video introducing yourself
Clients: You will need to provide the following information: First name, Last name, Email, Phone number, Password, and Address.
3.2 Account Security and Responsibilities
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to immediately notify Youchoosecare Ltd of any unauthorized use of your account or any other breach of security. Youchoosecare Ltd will not be liable for any loss or damage arising from your failure to protect your account credentials.
3.3 Use of Registration Data
The information provided during registration is subject to our Privacy Policy. Youchoosecare Ltd reserves the right to use, store, and process this data in accordance with the Privacy Policy. By registering for an account, you consent to such use.
3.4 Suspension and Termination of Accounts
Youchoosecare Ltd reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms, fraudulent activity, or failure to comply with our verification processes. Upon termination, your right to access the Platform and its services will cease immediately.
4. User Roles and Responsibilities
4.1 Carers’ Obligations
As a Carer, you agree to:
Provide services in a professional, compassionate, and ethical manner, consistent with the standards expected of a care provider.
Comply with all applicable laws and regulations, including those relating to health and safety, and safeguarding.
Accurately represent your qualifications, experience, and capabilities in your profile and during service provision.
Maintain confidentiality and privacy concerning the Client’s personal information and circumstances.
Promptly report any concerns or issues encountered during the provision of services to Youchoosecare Ltd.
4.2 Clients’ Obligations
As a Client, you agree to:
Provide accurate and complete information about your care needs and circumstances.
Treat Carers with respect and ensure a safe environment for them to perform their duties.
Pay for services rendered in accordance with the agreed terms and conditions.
Comply with any specific instructions or guidelines provided by Youchoosecare Ltd or the Carer.
Promptly report any concerns or issues regarding the services received to Youchoosecare Ltd.
4.3 Prohibited Activities
Users are prohibited from engaging in the following activities on the Platform:
Providing false or misleading information during registration or service provision.
Engaging in any form of harassment, discrimination, or abuse.
Using the Platform for any illegal or unauthorized purpose.
Attempting to circumvent the Platform’s security features or interfere with its proper functioning.
Copying, distributing, or disclosing any part of the Platform without prior written consent from Youchoosecare Ltd.
5. Services Offered
5.1 Description of Services
Youchoosecare Ltd provides a platform that facilitates the connection between Clients in need of home care services and qualified Carers. The services offered through the Platform include, but are not limited to:
Personal Care: Assistance with activities of daily living such as bathing, dressing, and grooming.
Domestic Care: Help with household tasks such as cleaning, cooking, and laundry.
Companionship: Providing social interaction and emotional support.
Community Services: Assistance with errands, appointments, and social outings.
5.2 Service Availability and Limitations
While Youchoosecare Ltd strives to provide uninterrupted access to the Platform and its services, we do not guarantee that the Platform will always be available or that services will be provided without delays or interruptions. Availability of services may be affected by factors beyond our control, including technical issues, Carer availability, and local regulations.
5.3 Changes to Services
Youchoosecare Ltd reserves the right to modify, suspend, or discontinue any aspect of the Platform or services at any time, with or without notice. This includes the right to add new services, modify existing services, or remove services that are no longer viable. Users will be notified of significant changes to the services via email or through the Platform.
6. Contract Formation
6.1 How Contracts Between Carers and Clients are Formed
A contract for the provision of services is formed directly between the Client and the Carer when a Carer accepts a Client’s request to receive a specific service. Youchoosecare Ltd acts solely as an intermediary, facilitating the connection between the Client and the Carer. Youchoosecare Ltd is not a party to the contract between the Client and the Carer and does not assume any liability or responsibility for the performance of the contract.
6.2 Role of Youchoosecare Ltd as an Intermediary
Youchoosecare Ltd provides the Platform as a means for Clients and Carers to connect and arrange for the provision of care services. Carers are independent contractors responsible for their own insurance and taxes; we do not employ Carers nor do we directly provide any care services. Our role is limited to providing the tools and infrastructure necessary for Clients and Carers to communicate and enter into contracts. All responsibilities, obligations, and liabilities related to the performance of services rest with the individual Carers and Clients.
6.3 Acceptance and Cancellation of Service Requests
Clients may submit service requests through the Platform, which Carers may accept or decline at their discretion. Once a Carer accepts a service request, the Client and Carer are bound by the terms of the contract, and both parties are expected to fulfill their respective obligations. Clients may cancel service requests, subject to the cancellation policies set forth in these Terms or as agreed upon with the Carer.
7. Fees and Payments
7.1 Pricing Structure The fees for services provided through the Platform are determined by Youchoosecare Ltd and may vary based on the nature, duration, and complexity of the services requested. Youchoosecare Ltd charges a commission on the total earnings of Carers for services rendered through the Platform, with Carers retaining the remainder after commission. By registering as a Carer, you agree to our pricing structure and acknowledge that our commission can change as we update our pricing strategy.
7.2 Payment Methods
Payments for services are processed through the Platform using secure third-party payment processors, including Stripe, PayPal, Debit card (Visa/Mastercard), Credit card, and Apple Pay. Clients are required to pay for services upfront before the commencement of any care services.
7.3 Commission Fees
Youchoosecare Ltd charges a commission fee on the total earnings of Carers for services rendered through the Platform. This commission is automatically deducted from the payments made to Carers and is retained by Youchoosecare Ltd as compensation for providing the Platform and facilitating the connection between Clients and Carers. The commission rate is subject to change, and Carers will be notified in advance of any changes to the commission structure.
7.4 Payment Disputes and Chargebacks
In the event of a payment dispute or chargeback, the affected party must notify Youchoosecare Ltd immediately. We will investigate the matter and work with the involved parties to reach a resolution. However, Youchoosecare Ltd is not responsible for resolving disputes between Clients and Carers regarding payment amounts, service quality, or any other contractual issues.
Youchoosecare Ltd reserves the right to adjust service fees charged to Clients at any time. Clients will be notified of any changes to the fee structure prior to their implementation. Continued use of the Platform after such changes constitutes acceptance of the new fee structure.
8. Refund and Cancellation Policy
This section is aligned with our full Refund Policy as detailed on our website.
8.1 Conditions for Refunds
Refunds are processed under the following specific circumstances:
The carer did not complete the full requested duration of services.
The carer failed to deliver the agreed-upon services.
You cancelled the request before a carer accepted it.
The carer arrived an hour after the time they accepted the request.
You cancelled the service as per the stipulated times outlined in our cancellation policy.
Refund requests must be submitted to the Youchoosecare customer service team at support@youchoosecare.com within 14 days of the service date. Each request will be evaluated individually, with the final decision made by Youchoosecare Ltd.
8.2 Process for Requesting a Refund
Clients seeking a refund are required to submit a refund request or general complaint by providing the following information to the Youchoosecare customer service team at support@youchoosecare.com or through our app within 14 days of encountering an issue:
Full Name
Email Address
Time of Requested Care
Duration of Care Requested
Cost Paid for Service
Reason for Claim
Youchoosecare Ltd will respond to refund requests within 5 business days and resolve them within 14 business days. False reports or claims may lead to denial of the refund request.
8.3 Cancellation by Clients
Immediate Cancellations: Clients may cancel more than 2 minutes after making a request; if accepted, the carer is notified. If not accepted, the job is removed from the carer app.
Scheduled Service Cancellations:
Cancellations within an hour of the service time are non-refundable.
Cancellations more than an hour before the service time may be eligible for a full or partial refund, depending on circumstances.
Your caregiver arrived one hour later than the agreed-upon time after accepting your request.
8.4 Non-Refundable Services
Services requiring significant preparation or personalization are generally non-refundable. This status will be clearly communicated at the time of booking.
9. Service Fulfillment
9.1 Obligations of Carers in Service Delivery
Carers are expected to perform their services with the utmost professionalism and care. This includes:
Arriving on time for scheduled appointments.
Providing services as described and agreed upon with the Client.
Communicating effectively with Clients to ensure their needs are met.
Maintaining confidentiality and respecting the privacy of Clients.
Failure to meet these obligations may result in disciplinary action, including suspension or termination of the Carer’s account.
9.2 Client Responsibilities During Service
Clients are responsible for providing a safe and conducive environment for the Carer to perform their duties. This includes:
Ensuring that the service location is safe, clean, and free from hazards.
Providing any necessary equipment or materials required for the service, unless otherwise agreed with the Carer.
Being present or ensuring that a responsible adult is present during the provision of services, especially when vulnerable individuals are being cared for.
Clients must also treat Carers with respect and dignity at all times.
9.3 Consequences of Service Failures
If a Carer fails to fulfill their obligations, the Client may be entitled to a refund or alternative service, as outlined in the Refund and Cancellation Policy. Additionally, Carers who repeatedly fail to meet their obligations may be subject to account suspension or termination.
If a Client fails to provide a safe or suitable environment, or otherwise impedes the Carer’s ability to deliver services, Youchoosecare Ltd reserves the right to cancel the service without refund and may terminate the Client’s account.
10. Liability and Disclaimers
10.1 Disclaimer of Warranties
Youchoosecare Ltd provides the Platform and services on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Youchoosecare Ltd disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Youchoosecare Ltd does not warrant that:
The Platform will be uninterrupted, error-free, or secure.
The services provided will meet the specific needs or expectations of the Client.
Any information provided on the Platform is accurate, reliable, or complete.
10.2 Limitation of Liability
To the fullest extent permitted by law, Youchoosecare Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use or inability to use the Platform or services, even if Youchoosecare Ltd has been advised of the possibility of such damages.
In any event, Youchoosecare Ltd’s total liability to any user for all claims arising from the use of the Platform or services shall not exceed the total amount paid by the user to Youchoosecare Ltd during the 12 months prior to the event giving rise to the liability.
10.3 No Liability for Third-Party Services
The Platform may contain links to third-party websites or services that are not owned or controlled by Youchoosecare Ltd. Youchoosecare Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users access these third-party services at their own risk.
11. Insurance
11.1 Carer Insurance Requirements
Carers are required to maintain appropriate insurance coverage while providing services through the Platform. This includes, but is not limited to:
Public liability insurance, covering any claims of injury or damage to Clients or their property.
Professional indemnity insurance, covering claims arising from the provision of professional services.
Youchoosecare Ltd may require proof of insurance at any time and reserves the right to suspend or terminate a Carer’s account if adequate insurance coverage is not maintained.
11.2 Insurance Coverage for Clients
Clients are advised to review their own insurance policies to ensure they are adequately covered for any risks associated with receiving home care services. Youchoosecare Ltd does not provide insurance coverage for Clients and is not responsible for any claims or damages that may arise from the services provided by Carers.
11.3 Claims Process
In the event of an incident that may give rise to a claim under the Carer’s insurance, the Carer must immediately notify their insurance provider and Youchoosecare Ltd. The Carer is responsible for cooperating with their insurance provider in the investigation and resolution of any claims.
12. Data Protection and Privacy
12.1 Overview of Data Collection
Youchoosecare Ltd is committed to protecting the privacy of its users. We collect, use, and process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
12.2 Use and Sharing of Personal Data
Personal data collected through the Platform will be used for the purposes of providing and improving our services, processing payments, verifying user identities, and complying with legal obligations. We will not share personal data with third parties except as necessary to provide our services or as required by law.
12.3 User Rights (Access, Correction, Deletion)
Users have the right to access, correct, and delete their personal data. Users may update their account information directly through the Platform. For other data corrections or deletions, users must contact privacy@youchoosecare.com. We will respond to such requests within 30 days, as required by law.
12.4 Data Security Measures
Youchoosecare Ltd employs appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction. This includes encryption, secure storage, and regular security audits. However, no security measures are entirely foolproof, and we cannot guarantee the absolute security of user data.
13. Confidentiality
13.1 Confidential Information Definition
For the purposes of these Terms, "Confidential Information" refers to any information disclosed by one party to another that is not publicly known and is marked as confidential or would reasonably be considered confidential under the circumstances.
13.2 Obligations of Carers and Clients
Both Carers and Clients agree to:
Keep Confidential Information secure and not disclose it to any third party without the prior written consent of the disclosing party.
Use Confidential Information only for the purposes for which it was disclosed.
Take reasonable steps to protect the confidentiality of the information.
13.3 Permissible Disclosures
Confidential Information may be disclosed if required by law, court order, or governmental authority. In such cases, the party required to disclose the information must promptly notify the other party, unless legally prohibited from doing so, to allow the other party to seek a protective order or other appropriate remedy.
14. Intellectual Property
14.1 Ownership of Content on the Platform
All content available on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of Youchoosecare Ltd or its content suppliers and is protected by UK and international copyright, trademark, and other intellectual property laws.
14.2 License to Use the Platform
Youchoosecare Ltd grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal or internal business purposes, in accordance with these Terms. This license does not grant users any rights to modify, distribute, or create derivative works based on the Platform or its content.
14.3 Restrictions on Use of Intellectual Property
Users may not, without the prior written consent of Youchoosecare Ltd:
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform.
Use any trademarks, logos, or other proprietary information of Youchoosecare Ltd.
Engage in any activity that infringes upon the intellectual property rights of Youchoosecare Ltd or third parties.
15. User-Generated Content
15.1 Guidelines for User Reviews and Feedback
Users may submit reviews, feedback, and other content related to their experience with the Platform and services. All user-generated content must be:
Honest and based on actual experiences.
Respectful and free from offensive language, harassment, or discriminatory remarks.
Relevant to the services provided or the Platform itself.
15.2 Moderation of Content
Youchoosecare Ltd reserves the right to review, moderate, and remove any user-generated content that violates these Terms or is otherwise deemed inappropriate. We do not guarantee the publication of any user-generated content and may edit or reject submissions at our discretion.
15.3 Rights to Remove or Edit Content
By submitting content to the Platform, users grant Youchoosecare Ltd a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, translate, and distribute the content in any media. Users also grant Youchoosecare Ltd the right to remove or edit content as necessary.
16. Third-Party Links and Services
16.1 Integration with Third-Party Services
The Platform may integrate with third-party services, including but not limited to payment processors, social media platforms, and other service providers. These third-party services are provided for your convenience, and Youchoosecare Ltd does not endorse or assume responsibility for them.
16.2 Liability for Third-Party Content
Youchoosecare Ltd is not responsible for the content, accuracy, or practices of any third-party websites or services linked to or from the Platform. Users access third-party services at their own risk, and any interactions or transactions with such third parties are solely between the user and the third party.
16.3 User Responsibility in Engaging with Third Parties
Users are responsible for reviewing and understanding the terms and conditions and privacy policies of any third-party services they engage with through the Platform. Youchoosecare Ltd is not liable for any loss or damage arising from a user’s interaction with third-party services.
17. Dispute Resolution
17.1 Internal Dispute Resolution Procedures
Youchoosecare Ltd is committed to resolving disputes amicably and efficiently. If a dispute arises between a Client and a Carer, or between a user and Youchoosecare Ltd, the parties involved must first attempt to resolve the issue through our internal dispute resolution process. This involves:
Submitting a written description of the dispute to support@youchoosecare.com.
Participating in good faith discussions to resolve the dispute, facilitated by Youchoosecare Ltd, within 14 days of the dispute being reported.
Refraining from initiating any legal proceedings until the internal dispute resolution process has been completed.
17.2 Mediation and Arbitration Clause
If a dispute cannot be resolved through the internal dispute resolution process, the parties agree to submit the dispute to mediation before pursuing any legal action. Mediation will be conducted by a neutral third-party mediator agreed upon by both parties, and the mediation will take place in London, UK. If mediation fails to resolve the dispute, the parties agree to binding arbitration under the rules of the London Court of International Arbitration (LCIA). The arbitration will be conducted in English, and the arbitrator’s decision will be final and binding on both parties.
17.3 Jurisdiction and Governing Law
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. Users agree to submit to the exclusive jurisdiction of the courts of England and Wales for any legal proceedings arising from or related to these Terms or the use of the Platform.
18. Termination of Services
18.1 Grounds for Termination by Youchoosecare Ltd
Youchoosecare Ltd reserves the right to terminate or suspend your access to the Platform and its services, with or without notice, for any of the following reasons:
Violation of these Terms or any applicable laws or regulations.
Engagement in fraudulent, abusive, or harmful activities.
Failure to maintain required insurance coverage (for Carers).
Non-payment of fees or charges owed to Youchoosecare Ltd.
Any other reason that Youchoosecare Ltd deems necessary to protect the integrity of the Platform or the safety of its users.
18.2 User-Initiated Termination
Users may terminate their accounts at any time by providing written notice to Youchoosecare Ltd. Upon termination, the user’s access to the Platform and services will be revoked, and all pending transactions or service requests will be canceled. Users remain responsible for any fees or charges incurred prior to termination.
18.3 Effect of Termination on Accounts and Data
Upon termination of a user’s account, Youchoosecare Ltd will deactivate the account and delete or anonymize the user’s personal data in accordance with our Privacy Policy, except where retention is required by law or for legitimate business purposes. Users will no longer have access to any content, data, or information associated with their account.
19. Amendments to Terms
19.1 Process for Modifying Terms and Conditions
Youchoosecare Ltd reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Platform. Users will be notified of significant changes via email or through Platform notifications. Continued use of the Platform after the effective date of any amendments constitutes acceptance of the new Terms.
19.2 Notification of Changes to Users
Youchoosecare Ltd will provide users with at least 30 days’ notice of any material changes to these Terms. Users are responsible for reviewing the updated Terms and deciding whether to continue using the Platform. If you do not agree with the amended Terms, you must discontinue your use of the Platform.
19.3 Continued Use After Amendments
If you continue to use the Platform after the effective date of the amended Terms, you will be deemed to have accepted the changes. The amended Terms will apply to all current and future interactions between you and Youchoosecare Ltd, including any services provided through the Platform.
20. Compliance with Laws
20.1 User Responsibility to Adhere to Applicable Laws
Users are responsible for ensuring that their use of the Platform and services complies with all applicable local, regional, and national laws and regulations. This includes, but is not limited to, laws related to data protection, employment, health and safety, and consumer rights. Youchoosecare Ltd does not provide legal advice, and users should seek independent legal counsel if they have questions about their legal obligations.
20.2 Compliance with UK Legislation
As a UK-based company, Youchoosecare Ltd operates in accordance with UK laws and regulations, including the Consumer Rights Act 2015, the Data Protection Act 2018, and the UK GDPR. Users based outside the UK must also comply with any applicable laws in their own jurisdiction when using the Platform.
20.3 Cross-Border Service Provision Considerations
If a Carer or Client provides or receives services across national borders, they are responsible for complying with the laws of both the originating and receiving countries. This includes any necessary permits, visas, or other legal requirements. Youchoosecare Ltd is not responsible for any legal issues that arise from cross-border service provision.
21. Indemnity
21.1 Indemnification by Carers and Clients
Users agree to indemnify, defend, and hold harmless Youchoosecare Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
Your use of the Platform and services.
Your breach of these Terms or any applicable laws or regulations.
Your violation of any rights of another party, including intellectual property, privacy, or data protection rights.
Any claims related to the services provided or received through the Platform.
21.2 Scope of Indemnity (Legal Costs, Damages)
The indemnity obligations under this section apply to all types of claims, including those for damages, legal costs, fines, penalties, or other liabilities. Users agree to cooperate fully with Youchoosecare Ltd in the defense of any claim and to provide all necessary information and assistance.
21.3 Procedure for Making an Indemnity Claim
If Youchoosecare Ltd seeks indemnification under this section, it will provide the user with prompt notice of the claim and an opportunity to participate in the defense. Youchoosecare Ltd reserves the right to assume exclusive control of the defense and settlement of any claim, at the user’s expense, and the user agrees not to settle any claim without Youchoosecare Ltd’s prior written consent.
22. Force Majeure
22.1 Definition and Scope of Force Majeure Events
Youchoosecare Ltd shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, pandemics, government actions, power outages, or disruptions in communication networks (each a "Force Majeure Event").
22.2 Impact on Obligations of Carers, Clients, and Youchoosecare Ltd
During a Force Majeure Event, the obligations of Youchoosecare Ltd, Carers, and Clients under these Terms will be suspended to the extent that the performance of those obligations is affected by the event. Youchoosecare Ltd will use reasonable efforts to mitigate the impact of the Force Majeure Event and to resume normal operations as soon as possible.
22.3 Procedures During Force Majeure Events
If a Force Majeure Event affects the provision of services, Youchoosecare Ltd will notify the affected users as soon as practicable. Users may terminate any affected contracts without penalty if the Force Majeure Event continues for more than 30 days. Youchoosecare Ltd will not be liable for any damages or losses resulting from the termination of services due to a Force Majeure Event.
23. Notices
23.1 Methods of Providing Notices (Email, Platform Notifications)
Notices under these Terms may be provided by email, Platform notifications, or other electronic means. Notices to Youchoosecare Ltd should be sent to support@youchoosecare.com. Notices to users will be sent to the email address or other contact information provided during registration.
23.2 Timing and Effectiveness of Notices
Notices sent by email will be deemed received on the date they are sent, provided they are sent to the correct email address. Notices sent by Platform notification will be deemed received when the user next logs into their account. Notices sent by postal mail will be deemed received 3 business days after they are sent.
23.3 Contact Information for Notices
For any questions or issues related to these Terms, users may contact Youchoosecare Ltd at:
Email: support@youchoosecare.com
24. Severability
24.1 Impact of Invalid Provisions
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the invalid, illegal, or unenforceable provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.
24.2 Enforceability of the Remaining Terms
The invalidity, illegality, or unenforceability of any provision of these Terms will not affect the validity, legality, or enforceability of the remaining provisions, which will remain binding and enforceable to the fullest extent permitted by law.
25. Entire Agreement
25.1 Integration Clause (Terms as Entire Agreement)
These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices or terms expressly incorporated by reference, constitute the entire agreement between you and Youchoosecare Ltd with respect to your use of the Platform and services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
25.2 Supersession of Prior Agreements
Any prior agreements, communications, or representations, whether oral or written, between you and Youchoosecare Ltd are expressly superseded by these Terms. You agree that you have not relied on any representation, warranty, or statement made by Youchoosecare Ltd or any other person except as expressly set out in these Terms.
26. Waiver
26.1 No Waiver of Rights
No failure or delay by Youchoosecare Ltd in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any further exercise thereof or the exercise of any other right, power, or remedy. Any waiver granted by Youchoosecare Ltd must be in writing and signed by an authorized representative to be effective.
26.2 Conditions for Waiver of Provisions
A waiver of any provision or right under these Terms by Youchoosecare Ltd on any occasion shall not constitute a waiver of any other provision or right under these Terms, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No waiver shall be effective unless it is expressly stated to be a waiver and communicated in writing by Youchoosecare Ltd.
27. Assignment
27.1 User Rights to Assign or Transfer Account
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Youchoosecare Ltd. Any attempt to do so without such consent will be null and void and may result in the termination of your account.
27.2 Youchoosecare Ltd’s Right to Assign Terms
Youchoosecare Ltd reserves the right to assign, transfer, or sublicense its rights and obligations under these Terms, in whole or in part, to any third party, including but not limited to an affiliate, subsidiary, or acquirer of Youchoosecare Ltd, without your consent. Youchoosecare Ltd will notify you of any such assignment or transfer, and your continued use of the Platform following such notice constitutes your acceptance of the assignment or transfer.
28. Governing Law and Jurisdiction
28.1 Applicable Law (UK Law)
These Terms and any disputes or claims arising out of or in connection with them, whether contractual or non-contractual in nature, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
28.2 Exclusive Jurisdiction of UK Courts
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of the Platform. You irrevocably submit to the exclusive jurisdiction of the courts located in England and Wales for the purpose of any such dispute or claim.
29. Survival of Provisions
29.1 Clauses Surviving Termination
The provisions of these Terms that by their nature should survive termination or expiration of this agreement, including but not limited to provisions regarding intellectual property, confidentiality, indemnity, limitation of liability, governing law, and dispute resolution, shall continue in full force and effect following such termination or expiration.
29.2 Continuation of Obligations
Upon the termination or expiration of these Terms, all rights granted to you under this agreement will cease immediately. However, the termination or expiration of these Terms shall not relieve you of your obligations or liabilities accrued prior to such termination or expiration, nor shall it affect the continued validity of any provision that is expressly or by implication intended to come into or continue in force after such termination or expiration.
30. Acknowledgement and Acceptance
30.1 User Acknowledgement
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any documents incorporated by reference. You further acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms and that you agree to these Terms voluntarily and without reliance on any representations other than those expressly set out herein.
30.2 User Acceptance
Your continued use of the Platform after these Terms have been made available to you constitutes your acceptance of these Terms. If you do not agree to these Terms, you must immediately discontinue your use of the Platform.