This
agreement applies as between you, the User of this Website and RealCare, the owner(s) of this Website. Your agreement to
comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and
Conditions is deemed to occur upon your first use of the Website. Clauses 3 and
12 – 14 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable
of acceptance. Your order constitutes a contractual offer
and Our acceptance of that offer is deemed to occur upon Our sending a
confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this
Agreement the following terms shall have the following meanings:
"Account":
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Website;
"Content":
means any text, graphics, images, audio, video, software, data compilations and
any other form of information capable of being stored in a computer that
appears on or forms part of this Website;
"Facilities":
means collectively any online facilities, tools, services or information that RealCare makes available through the Website either now or
in the future;
"Services":
means the services available to you through this Website, specifically use of
the RealCare proprietary e-learning platform;
"Payment
Information": means any details required for the purchase of Services from
this Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
"Premises":
Means Our place(s) of business
"System":
means any online communications infrastructure that RealCare
makes available through the Website either now or in the future. This includes,
but is not limited to, web-based email, message boards, live chat facilities
and email links;
"User"
/ "Users": means any third party that accesses the Website and is not
employed by RealCare and acting in the course of
their employment;
"Website":
means the website that you are currently using
https://elderschoice.learnworlds.com and any sub-domains of this site unless
expressly excluded by their own terms and conditions; and
"We/Us/Our":
means RealCare
2. Age Restrictions
Persons
under the age of 18 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These
Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to
the exceptions in Clause 5 of these Terms and Conditions, all Content
included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of RealCare, Our affiliates or other
relevant third parties. By continuing to use the Website you acknowledge
that such material is protected by applicable United Kingdom and
International intellectual property and other laws.
- 4.2 Subject to
Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Website unless otherwise indicated on the
Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless
otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products
as may be applicable.
- 5.2 Subject to
Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
unless given express written permission to do so by the relevant
manufacturer or supplier.
6. Fair Use of Intellectual Property
Material
from the Website may be re-used without written permission where any of the
exceptions detailed in Chapter III of the Copyright Designs and Patents Act
1988 apply.
7. Links to Other Websites
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of RealCare or that of Our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site
on this Website does not imply any endorsement of the sites themselves or of
those in control of them.
8. Use of Communications Facilities
- 8.1 When using
any System on the Website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your
Account being suspended or closed:
- 8.1.1 You must
not use obscene or vulgar language;
- 8.1.2 You must
not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must
not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised
that submissions are made using the English language as We may be unable
to respond to enquiries submitted in any other languages;
- 8.1.5 The means
by which you identify yourself must not violate these Terms and Conditions
or any applicable laws;
- 8.1.6 You must
not impersonate other people, particularly employees and representatives
of RealCare or Our affiliates; and
- 8.1.7 You must
not use Our System for unauthorized mass-communication such as
"spam" or "junk mail".
- 8.2 You
acknowledge that RealCare reserves the right to
monitor any and all communications made to Us or
using Our System.
- 8.3 You
acknowledge that RealCare may retain copies of any and all communications made to Us or using Our
System.
- 8.4 You
acknowledge that any information you send to Us through Our System may be
modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us
in advance and We reserve the right to reject such terms and associated
information.
9. Accounts
- 9.1 In order
to procure Services on this Website and to use certain other parts of the
System, you are required to create an Account which will contain certain
personal details and Payment Information which may vary based upon your
use of the Website as We may not require payment information until you
wish to make a purchase. By continuing to use this Website you represent
and warrant that:
- 9.1.1 all
information you submit is accurate and truthful;
- 10.1.2 you have
permission to submit Payment Information where permission may be required;
and
- 10.1.3 you will
keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation
and warranty.
- 9.2 It is
recommended that you do not share your Account details, particularly your
username and password. We accept no liability for any losses or damages
incurred as a result of your Account details being shared by you. If you
use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
- 9.3 If you
have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorized orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In
the event that an unauthorized provision commences prior to your
notifying Us of the unauthorized nature of the order or payment then you
shall be charged for the period from the commencement of the provision of
services until the date you notified us and may be charged for a billing
cycle of one month.
- 9.4 When
choosing your username you are required to adhere
to the terms set out above in Clause 9. Any failure to do so could result
in the suspension and/or deletion of your Account.
10. Termination and Cancellation of Accounts
- 10.1 Either RealCare or you may terminate your Account. If We
terminate your Account, you will be notified by email and an explanation
for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving
reasons.
- 10.2 If We terminate
your Account, any current or pending orders or payments on your Account
will be cancelled and provision of Services will not commence.
11. Services, Pricing and Availability
- 11.1 Whilst
every effort has been made to ensure that all general descriptions of
Services available from RealCare correspond to
the actual Services that will be provided to you, We
are not responsible for any variations from these descriptions as the
exact nature of the Services may vary depending on your individual
requirements and circumstances. This does not exclude Our liability for
mistakes due to negligence on Our part and refers only to variations of
the correct Services, not different Services altogether. Please refer to
sub-Clause 13.8 for incorrect Services.
- 11.2 Where appropriate,
you may be required to select the required Plan of Services.
- 11.3 We neither
represent nor warrant that such Services will be
available at all times and cannot necessarily confirm availability
until confirming your Order. Availability indications are not provided on
the Website.
- 11.4 All
pricing information on the Website is correct at the time of going online.
We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.
- 11.5 In the event
that prices are changed during the period between an order being placed
for Services and Us processing that order and taking payment, then the
price that was valid at the time of the order shall be used.
- 11.6 All prices
on the Website do not include VAT. In accordance with HM Revenue &
Customs VAT Notice 700/1 (February 2014) and supplements thereof, RealCare is not yet liable for VAT and therefore not
VAT registered and does not possess a VAT number.
12. Orders and Provision of Services
- 12.1 No part of
this Website constitutes a contractual offer capable of acceptance. Your
order constitutes a contractual offer that We may, at Our sole discretion,
accept. Our acceptance is indicated by Us sending to you an order
confirmation email. Only once We have sent you an order confirmation email
will there be a binding contract between RealCare
and you.
- 12.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
- 12.2.1 Confirmation
of the Services ordered including full details of the main characteristics
of those Services;
- 12.2.2 Fully itemized
pricing for the Services ordered including, where appropriate, taxes,
delivery and other additional charges;
- 12.2.3 Relevant times
and dates for the provision of the Services;
- 12.2.4 User
credentials and relevant information for accessing those services.
- 12.3 If We, for
any reason, do not accept your order, no payment shall be taken under
normal circumstances. In any event, any sums paid by you in relation to
that order will be refunded within 14 calendar days.
- 12.4 Payment
for the Services shall be taken via your chosen payment method,
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”)
for charges accrued during the previous month (“billing cycle”) AND/OR as
indicated in the order confirmation you received.
- 12.5 We aim to
fulfill your Order within 2-3 working days or if not, within a reasonable
period following your Order, unless there are exceptional circumstances.
If we cannot fulfill your Order within a reasonable period, we will inform
you at the time you place the Order by a note on the relevant web page or
by contacting you directly after you place your Order. Time is not of the
essence of the Contract, which means we will aim to fulfill your Order
within any agreed timescales but this is not an
essential term of the Contract and we will not be liable to you if we do
not do so. If the Services are to begin within 14 calendar days of Our
acceptance of your order, at your express request, you will be required to
expressly acknowledge that your statutory cancellation rights, detailed
below in Clause 14, will be affected.
- 12.6 RealCare shall use all Our reasonable endeavors to
provide the Services with reasonable skill and care, commensurate with
best trade practice.
- 12.7 In the
event that Services are provided that are not in conformity with your
order and thus incorrect, you should contact Us immediately to inform Us
of the mistake. We will ensure that any necessary corrections are made
within five (5) working days.
- Additional
terms and conditions may apply to the provision of certain Services. You
will be asked to read and confirm your acceptance of any such terms and
conditions when completing your Order.
- 12.8 RealCare provides
technical support via our online support forum and/or phone. RealCare makes any effort possible to respond to
support requests within 30 minutes during European business hours (9am to
8pm ECT), but we do not guarantee a particular response time.
13. Cancellation of Orders and Services
We want
you to be completely satisfied with the Products or Services you order from RealCare. If you need to speak to us about your Order, then
please contact customer care by email at info@RealCare.us. You may cancel
an Order that we have accepted or cancel the Contract. If any Specific Terms
accompanying the Service contain terms about cancelling the Service, the
cancellation policy in the Specific Terms will apply.
- 13.1 As
specified in sub-Clause 13.6, if the Services are to begin within the
cooling off period you are required to make an express request to that
effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and
agree to the following:
·
13.1.2 If the Services are
fully performed within the 14 calendar day cooling off
period, you will lose your right to cancel after the Services are complete.
·
13.1.3 If you cancel the
Services after provision has begun but is not yet complete you will still be required
to pay for the Services supplied up until the point at which you inform Us that
you wish to cancel. The amount due shall be calculated in proportion to the
full price of the Services and the actual Services already provided. Any sums
that have already been paid for the Services shall be refunded subject to
deductions calculated in accordance with the foregoing. Refunds, where
applicable, will be issued within 5 working days and in any event no later than
14 calendar days after you inform Us that you wish to cancel.
- 13.2 Cancellation
of Services after the 14 calendar day cooling off
period has elapsed shall be subject to the specific terms governing those
Services and may be subject to a minimum contract duration.
14. Privacy
Use of
the Website is also governed by Our Privacy Policy www.RealCare.us/privacy-policy/
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
15. How We Use Your Personal Information (Data Protection)
- 15.1 All
personal information that We may collect (including, but not limited to,
your name and address) will be collected, used and held in accordance with
the provisions of the Data Protection Act 1998 and your rights under that
Act.
- 15.2 We may use
your personal information to:
- 15.2.1 Provide
Our Services to you;
- 15.2.2 Process
your payment for the Services; and
- 15.2.3 Inform you
of new products and services available from Us. You may request that We
stop sending you this information at any time.
- 15.3 In certain
circumstances (if, for example, you wish to purchase Services on credit),
and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound
by the Data Protection Act 1998 and should use and hold your personal
information accordingly.
- 15.4 We will
not pass on your personal information to any other third parties without
first obtaining your express permission.
16. Disclaimers
- 16.1 We make no
warranty or representation that the Website will meet your requirements,
that it will be of satisfactory quality, that it will be fit for a
particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and
that all information provided will be accurate. We make no guarantee of
any specific results from the use of our Service or Services.
- 16.2 No part of
this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
- 16.3 No part of
this Website is intended to constitute a contractual offer capable of
acceptance.
- 16.4 Whilst We use
reasonable endeavors to ensure that the Website is secure and free of
errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal
details and your computers.
17. Changes to the Facilities and these Terms and Conditions
We
reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions by law, these changes
will apply automatically to any orders currently pending in addition to any
orders placed by you in the future.
18. Availability of the Website
- 18.1 The
Website is provided “as is” and on an “as available” basis. RealCare uses industry best practices to provide a
high uptime, including a fault-tolerant architecture hosted in cloud
servers. We give no warranty that the Website or Facilities will be free
of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and
satisfactory quality.
- 18.2 We accept
no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
19. Limitation of Liability
- 19.1 To the
maximum extent permitted by law, We accept no
liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Website or any information contained
therein. You should be aware that you use the Website and its Content at
your own risk.
- 19.2 Nothing in these
Terms and Conditions excludes or restricts RealCare's
liability for death or personal injury resulting from any negligence or
fraud on the part of RealCare.
- 19.3 Nothing in
these Terms and Conditions excludes or restricts RealCare's
liability for any direct or indirect loss or damage arising out of the
incorrect provision of Services or out of reliance on incorrect
information included on the Website.
- 19.4 In the
event that any of these terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these Terms and
Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms
and Conditions fails to exercise any right or remedy contained herein, this
shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the
event of any conflict between these Terms and Conditions and any prior versions
thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
22. Third Party Rights
Nothing
in these Terms and Conditions shall confer any rights upon any third party. The
agreement created by these Terms and Conditions is between you and RealCare.
23. Communications
- 23.1 All
notices / communications shall be given to Us by email to info@RealCare.us.
- 23.2 We may
from time to time, if you opt to receive it, send you information about
Our products and/or services. If you do not wish to receive such
information, please click on the ‘Unsubscribe’ link in any email which you
receive from Us.
24. Law and Jurisdiction
These
Terms and Conditions and the relationship between you and RealCare
shall be governed by and construed in accordance with California law and RealCare and you agree to submit to the exclusive
jurisdiction of California.