Terms and Conditions
Helpr Website and Platform
This website www.helpr.org.uk (Website) is made available to you by Helpr Limited (we, us or Helpr), a limited company registered in England and Wales under number 10218209. Helpr’s registered office is at 591 London Road, Cheam, Sutton, Surrey SM3 9AG. You may contact us at 54 Tonfield Road, Sutton, SM3 9JR (Tel: 07593 547937 Email: [email protected]).
If you are a client of Helpr wishing to receive care services (Care Services) for yourself, a family member or someone else for whose care you are responsible (Care Recipients and Care Owners) from pre-screened and qualified carers (Care Partners) that we introduce to you, on condition that you have entered a contract with Helpr you may access our web app from the platform (Platform) to which we give you access and use it to indicate your anticipated Care Services needs to our Care Partners.
Care Partners may use the Platform to access a mobile app (suitable for Apple and Android devices) in order to accept Care Services assignments (Assignments) by making their own appropriate arrangements directly with you. Care Partners must be accepted by Helpr before they are permitted to have access to the Platform.
The services available through the Platform are provided throughout the United Kingdom. Helpr does not represent that content available on or through the Website is appropriate for use or that any services are made available in other countries.
Terms and Conditions
These are the Terms and Conditions (Terms) on which the Website and the Platform are provided. These Terms apply (as appropriate) to Care Recipients and Care Partners and relate solely to the use of the Platform by means of any app and/or access generally to the Website by anyone.
Please read these Terms carefully. It will be a condition of your access to the Platform that you demonstrate that you accept the Terms which will be legally binding on you. By using the Website, you confirm that you accept these Terms and agree to comply with them insofar as that they relate to the Website itself.
You represent that you are resident in the United Kingdom, that you at least 18 years old and you are legally capable of entering into binding contracts.
Your acceptance of the Terms on this basis also demonstrates your acceptance of our Privacy Notice [link]. By using the Platform, you consent to Helpr’s use in accordance with the Privacy Notice of personal data that relates to you. The Privacy Notice applies if you otherwise upload your personal data to the Website or transmit it to us by other means. These Terms also incorporate the terms of our Cookies Policy which is attached to the Privacy Notice.
If you do not wish to accept these Terms, you should not complete the registration process either as a Care Recipient or a Care Partner in order to obtain access to the Platform. In addition, you must immediately cease to access the Website.
We may vary these Terms from time to time without notice to you. Please check these Terms regularly to ensure that you are aware of the latest version. If you continue to use the Website or the Platform, you are deemed to have accepted the variations we make. If you do not agree with these variations you should immediately cease to access and/or use the Website or the Platform.
We recommend that you print a copy of these Terms for your future reference.
Availability and use of the Website and the Platform
We will use our reasonable endeavours to make the Website and, subject to acceptance of you as a Care Recipient or Care Partner, the Platform available for you to access from the Website or otherwise as we show you. From time to time the Website and/or the Platform may be unavailable to you, either if we carry out routine maintenance or repairs or if there is unavailability or failure of the internet. We do not give any promise that the Website or the Platform or the service the Platform provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged.
We will use our reasonable endeavours to ensure that the information on the Website or the Platform is accurate and complete. We do not, however, give any promises about the accuracy or completeness of that information or the accuracy of any information.
We do not warrant that the Website or the Platform or any content within them are suitable for any particular purpose. We are not obliged to provide the Platform or offer any particular service that may be shown in the Website content.
The Website or the Platform and all content within it are provided on as “as is” and “as available” basis without any representations or warranties of any kind (whether express save as stated in these Terms or implied by law) and are excluded to the extent permitted by law.
We do not warrant that any of the functions or operations of the Website or the Platform will be uninterrupted or error free or that any defects will be corrected or that any of the software or servers that makes the Platform available to you are free of viruses, bugs or other malware.
You agree that your agreement with your mobile or other network provider will apply to your use of the Platform. You acknowledge that you may be charged by such network provider for data services while using certain features of the Platform or such third party charges as may arise. You are responsible for such charges. If you do not pay for the bill for the use of your smartphone or device being used to access the Platform, you will be assumed by Helpr to have received permission from the bill payers for using the Platform.
You agree not use the Website or the Platform in any way:
- that breaches any applicable local, national or international law or regulations;
- that may damage our reputation or that of any Care Recipient, Care Owner, Care Partner or business connection of Helpr;
- that is unauthorised, unlawful or fraudulent, or has any unauthorised, unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors or vulnerable adults in any way;
- to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information of anyone for unlawful purposes;
- to harvest or collect email addresses or other contact information of other users of the Platform by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam);
- to transmit, or procure the sending of Spam;
- to send, solicit, upload, download, use or re-use any material which:
- is inaccurate;
- is defamatory of any person;
- contains any material which is obscene, offensive, hateful or inflammatory;
- promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
- advocates, promotes or assists any unlawful act such as (by way of example only) any infringement of any person’s intellectual property rights, cyberattacks or other computer misuse; and/or
- uses automated scripts to collect information from or otherwise interact with the Platform or any apps accessed from it.
You also agree:
- you will not reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms;
- in submitting or uploading any material to the Website or the Platform you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from Helpr or has been endorsed by us (if this is not the case);
- you will not access without authority, interfere with, damage or disrupt:
- any part of the Website or the Platform;
- any equipment or network on which the Website or the Platform are stored;
- any software used in the provision of the Website or the Platform; or
- any equipment or network or software owned or used by any third party; and
- you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack the Website and or the Platform via a denial-of-service attack or a distributed denial-of service attack.
If you make use of the Website or the Platform in any way which is specifically prohibited by these Terms or is otherwise in breach of these Terms in our reasonable opinion, we may disable any user identification code or password, whether chosen by you or allocated by us, so that you may no longer access the Platform.
Subject to your registration with Helpr as a Care Recipient/Care Owner or a Care Partner, we will grant you a non-exclusive, non-transferable, revocable licence to use the Platform:
- if you are a Care Recipient or Care Owner, to post your Care Services needs and solicit the engagement of suitable Care Partners; or
- if you are a Care Partner, for the purposes of identifying and accepting Assignments for the provision of Care Services to Care Partners.
The licence is limited to smartphones and devices which permit the download and use of the Platform apps and is also subject to these Terms.
In the event that you are in breach of these Terms we may terminate this licence immediately and disable any user identification code or password as described above.
The Helpr name and logo and other trademarks or trade names of Helpr are the trademarks of Helpr. All content of the Website or the Platform is protected by copyright and database rights and other intellectual property rights of Helpr in which all of our rights are reserved.
Our trademarks and any part of the content of the Website or the Platform may not be copied, imitated or used, in whole or in part, without prior written permission from Helpr. You may view pages of the Website or the Platform on screen and may print or download extracts of them for your own personal use.
Links and third party content
The Website or the Platform may include content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content). The Platform is likely to include information generated and uploaded by third parties who may be other Care Recipients or Care Partners. This is also treated as Third Party Content.
Your use of any Third Party Content may be subject to the relevant third party’s own terms and conditions and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them. Specifically, information uploaded by Care Recipients and Care Partners may not be taken to have been approved or verified by us.
The links to third-party software and the related documentation that may be available or accessible from the Website are subject to the following conditions:
- the software could include technical or other mistakes, inaccuracies or typographical errors;
- at any time without prior notice, we may make changes to the links pointing to third-party software or documentation made available on the third-party’s website;
- the software may be out of date, and we make no commitment to update such materials;
- we assume no responsibility for errors or omissions in the third-party software or documentation available from its website;
- in no event shall we be liable to you or any third parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, lost data or profits, or any liability, arising out of or in connection with the use of any third-party software.
The Website and the Platform have numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security seriously and will use our reasonable endeavours to protect the integrity of your personal data. Please see our Privacy Notice [link] which explains how we use personal data in accordance with current data protection legislation.
If we grant you the ability to use the Platform, you may be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or any misuse of the Platform, we may require you to change your password or we may suspend your account until your identity has been verified and the account has been satisfactorily secured.
Our liability to you for any breach of these Terms is limited to the amount of £100. However, if as a Care Recipient or Care Owner you are a consumer, if the Website or Platform contains defective digital content which damages any device or digital content belonging to you because of our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damages that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or sub-contractors and for fraud or fraudulent misrepresentation.
We are not responsible for indirect losses (even if foreseeable) which happen as a side effect of the main loss or damage and we shall not be liable for:
- loss of income or revenue;
- loss of business, business opportunity, goodwill or reputation;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Nothing in any agreement made between Helpr and you on these Terms shall constitute any partnership, joint venture, agency relationship or contract of employment.
Nothing in any agreement made on these Terms shall create any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you or Helpr.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
In the event of any conflict or inconsistency between these Terms and any other document forming part of our agreement with you these Terms prevail. If you are a Care Recipient the terms of our specific Care Recipient Services Agreement prevail over these Terms.
Law and Jurisdiction
These Terms are governed by English law and you and in the event of any dispute, we each accept the exclusive jurisdiction of the English courts.