Terms of Use

Table of Contents

Welcome to Capercaillie Care Limited Website

Thank you for choosing the Capercaillie Care Limited website and Services offered by Capercaillie Care Limited, accessible at www.care-scot.com with Company Number 12451147 and primary address Kingswick House, Kingswick Drive, Sunninghill, Ascot, Berkshire, SL5 7BH England.

Please carefully read these Terms of Service (“Terms and conditions”) thoroughly. The Agreement contain herein, is a legal contract between you (user’ Client) and Capercaillie Care Limited as (referred to as, “we”, “our”, or “us”). By accepting electronically (for example, clicking “I Agree”), accessing, apply or request for any of the Services, provided herein, you agree to these terms. If you do not accept the terms describe herein, then you should stop using the Capercaillie Care Limited site immediately.

Definitions

Company” or “Capercaillie Care Limited” or “We” shall mean www.care-scot.com and/or any of its affiliates, individually and collectively, doing business on behalf of Capercaillie Care Limited or otherwise.

Company Parties” shall mean the Capercaillie Care Limited, affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licencees or licensors.

Service” shall mean any of the services or services or other services offered by Capercaillie Care Limited, including, those described in this Agreement, whether through the website owned or controlled by Capercaillie Care Limited, or otherwise.

Sites” shall mean any of the sites owned or operated by Capercaillie Care Limited including the www.care-scot.com site.

Content” shall mean each and every material or information or other content (whether Services, images, links, audio, videos, or files) provided by Capercaillie Care Limited or otherwise integrated into the Sites by us.

Users” shall mean Clients, who access, and use the Capercaillie Care Limited site.

Restrictions of Use

Subject to your ongoing compliance with these Terms and Conditions, Capercaillie Care Limited hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicenced, freely revocable licence to access and use the Site solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, Capercaillie Care Limited does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Capercaillie Care Limited promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

Our Services

Capercaillie Care Limited provides in home care services to clients as well as offer equal employment opportunities to applicants, without regard to race, color, sex, or any other legally protected class, characteristic or practice, in compliance with all applicable federal, state and local laws. Unless Capercaillie Care Limited have agreed in writing with you, all Services products are provided on an is basis.

Our mission is to provide a platform for our Client’s needs, irrespective of their demands, understand them and translate these needs into quality home care services. At Capercaillie Care Limited we help our Client exceed their expectations with our passion for Client responsibility and accountability.

Request Care or Apply for a Job

When you request care or apply for a job with us to on our website, you will be required to complete an application form or request form. This process will mandate you to provide us some personal information about your self, and professional profile. You agree to provide us true and accurate information about your self.

Capercaillie Care Limited reserve the right to modify, suspend, terminate your Services or access to the Service for any reason, without notice, at any time, and without liability to you.

Payments

The Client or user agree that the price of our services will be paid depending on the type of home care services you choose to purchase. Possible methods of payment are displayed on the Website. You agree to pay the fees for any service that you desire, and you consent to us or our chosen payment provider to charging your payment methods for these fees.

During your purchase, you agree and acknowledge that you will provide an accurate and authorised method of payment to complete your purchase. If your payment method fails and you still get access to the content you are subscribing for, you agree to pay us the corresponding fees upon notification from us.

Health Equity Promise

Capercaillie Care Limited complies with all applicable human rights laws and does not discriminate on the basis of race, disability, colour, age, ethnicity, or sex. Capercaillie Care Limited does not exclude people or treat them differently because of these social differences.

Background and Verifications Checks (Job Applicants)

Job applicants that register on the Capercaillie Care Limited site will not be eligible to accept referrals until they successfully complete the background and verification check process established by us through approved vendors. Job Applicants also may be subject to periodic background and verification updates over time. A copy of the reports from such checks will be provided to us. If a background check uncovers information that is considered in any adverse action, the Job applicant will be notified of his or her options to review the results to the extent required under the Disclosure (Scotland) Act 2020 (“the Act”).

Privacy

Capercaillie Care Limited respects every user/Client’s privacy. When you use the Capercaillie Care Limited site, you consent to us collecting certain (PII) data from you. Please see our Privacy Policy page to understand what personal data we collect and for what purposes.

Copyrights and Use of Site Content

The copyright in all materials, features and functionality on the Site, including text, graphics, videos, audio recordings, services, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, “Content”), is the exclusive property of Capercaillie Care Limited or its licensors and is protected by United Kingdom and international laws. None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Capercaillie Care Limited or the copyright owner in each instance. You shall not “mirror” or “frame” any Content or the Site itself, in whole or in part, without Capercaillie Care Limited’s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or Content obtained from the Site does not contain any virus or other computer services code or subroutine designed to disable, erase, impair or otherwise damage your systems, services, data or operations.

Copyright Policy

Capercaillie Care Limited respects the intellectual property of others and follows the requirements set forth in The United Kingdom Copyright, Act and other applicable Copyright laws depending on where you access our platform. If you are the copyright owner or agent thereof and believe that content posted on the Capercaillie Care Limited Services infringes upon your copyright, please submit a notice with the title Copyright Infringement, to us via enquiries@care-scot.com.

Limitations on the Services

Capercaillie Care Limited does not provide any medical, diagnostic, assessment, treatment or clinical service, or engage in any conduct that requires professional Medical qualifications. The site Content, Materials and Services contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Capercaillie Care Limited, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Disclaimer from Damages

In no event will Capercaillie Care Limited be liable for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Capercaillie Care Limited, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Site Disclaimer

Capercaillie Care Limited provides information (for example, health, and home care) for informational purposes only, which should not be construed as advice. The information provided on the site, or through links to other third party sites, is not a substitute for obtaining proper medical, health, home care or other professional care or services. We are not engaged in providing professional medical, legal or financial advice via these Sites or otherwise. You should not view the information provided on these Sites as a substitute for medical, legal, or financial advice offered by a qualified professional or otherwise, and if necessary, you should seek the advice of a qualified medical, legal, or financial professional, as applicable. No decision should be taken based upon any of the professional information contained in the Sites. You should seek independent professional advice from a person who is qualified and/or knowledgeable in the applicable area before acting upon any information contained within the Site. Capercaillie Care Limited does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Sites.

Specific Terms for Client

As a user on the Capercaillie Care Limited site, you consent to the following conditions:

  • You accept all of the conditions including our privacy policy described on the site when you use the services;
  • You will abide by all guidelines with respect to any home care services you purchase;
  • You will only use the Capercaillie Care Limited Services, for personal or legal representative, and informational use only;

Capercaillie Care Limited reserves the legal right to terminate your access at anytime, should you violate any of the terms describe herein.

Indemnification

By agreeing to these Terms, you agree to defend, indemnify, and hold Capercaillie Care Limited, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and/or participation in the Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the site or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Site and Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Our Defence

No user has actual or apparent authority to sign agreements on behalf of Capercaillie Care Limited or bind us into a contract. You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Services, but will not settle without consulting us and obtaining its prior written consent. You will allow Capercaillie Care Limited to participate, via its legal representatives, in the defence of any such loss, claim or other action.

No Employment Relationship

Job Applicant and Capercaillie Care Limited expressly agree that this is not an employment agreement and does not create an employment relationship between any job applicant and Capercaillie Care Limited; and that no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. Job applicant have no authority to bind Capercaillie Care Limited, and you undertake not to hold yourself out as an employee, agent or authorized representative of Capercaillie Care Limited.

Changes to the Terms

In the future we may decide to remove or add some clauses or terms to this agreement. You consent to any changes incorporated into this terms.

Your Liability to Us

You agree to indemnify and waive Capercaillie Care Limited from and against all liabilities, claims, loss of profits, damages, or other impaired losses, incurred by you out of the use of the Capercaillie Care Limited service.

Children Privacy

Capercaillie Care Limited respect every child’s privacy. Capercaillie Care Limited will never and does not collect, process, or disclose children’s personal data under the age of 18 without prior parental consent, neither do we provide services to children under 18 years of age.

Safeguarding of Information

Capercaillie Care Limited is committed to protect every user data from misuse, loss, and unauthorized access. Capercaillie Care Limited will use best endeavours for safeguarding personal or other information.

We have taken a number of steps to safeguard the security of personal information obtained through the Site. For example, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our service functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer systems, e-mail and voice-mail, and other physical, electronic, and procedural safeguards.

General Data Protection Regulation (GDPR)

By using the Capercaillie Care Limited website, you agree to we will collect and process some data in accordance with our service provision. As a result, the users authorise Capercaillie Care Limited and its subcontractors to collect and process this data under the legal, regulatory, and European Union provisions, (hereinafter “GDPR”) and the United Kingdom Data Protection Act (2018). To this end, Capercaillie Care Limited constantly ensures compliance with all personal data processing in progress within Capercaillie Care Limited operations.

By using Capercaillie Care Limited Services, You acknowledge that Capercaillie Care Limited collection, usage, and disclosure of this personal information is governed by our Privacy Policy. The Capercaillie Care Limited website, services shall be governed and construed in all respects by all applicable UK data protection legislation, as amended from time to time.

Appliable Law

The Capercaillie Care Limited website, services shall be governed by and construed in accordance with the laws of Scotland.

Copyright Licence

Copyright © 2022(S) Capercaillie Care Limited website. Subject to these terms Capercaillie Care Limited together with www.care-scot.com own and control all the copyright and intellectual property rights on the Capercaillie Care Limited website, and are well reserved.

Support

If you have any complaints or questions regarding our Terms and Conditions, please send us a message at enquiries@care-scot.com.