Terms and Conditions

These Terms constitute a legally binding agreement between you and CareCalls and govern the Services, unless we have agreed something different with you in writing.

References to we, us or our mean CareCalls. References to you or your mean the person setting up or paying for the Services.

If you are receiving the Services through an Organisation, some of these Terms may be replaced by the agreement between us and that Organisation. Where that is the case we will tell you which terms apply.

Nothing in these Terms affects your statutory rights under the law of the country in which you live.

We provide the Services in accordance with our Service Level Agreement, our Acceptable Use & Messaging Policy and our Privacy Policy.

We will provide the Services using reasonable care and skill and in accordance with applicable law.

We may amend these Terms where necessary to comply with a legal or regulatory requirement, or where the amendment does not materially reduce the nature or quality of the Services. Where a change is material we will give you reasonable notice by email before it takes effect.

Except as set out in these Terms and the Service Level Agreement, the Services are provided on an "as available" basis. We do not guarantee that every message will be delivered, because delivery depends on telephone networks, email providers and equipment outside our control.

We are not a medical or clinical service. The Services perform no clinical function, we do not assess anyone's health, and we do not monitor or interpret any response given to a reminder or check-in.

All Content is chosen or provided by you. Where a reminder happens to relate to medication, that is incidental to what we do — we deliver the message you have asked us to deliver, at the time you have asked for it, and nothing more.

Nothing in the Services, our website, our knowledge base articles or our live chat is medical, care, financial or legal advice. Our articles are intended to be well informed but they are general information, not professional advice. Our funding checker signposts sources of information; it does not assess your eligibility for anything and it does not constitute advice.

We will never recommend a particular configuration of the Services for a particular person. Decisions about how often someone should be contacted, what a message should say, and who should be alerted are yours to make, in consultation with a qualified professional where appropriate.

You must set up an Account through the Platform, or by calling us on 03300588244. A separate Account is required for each Receiver.

To set up the Services you must provide the Receiver's contact details. You may also add Stakeholders to receive alerts, reports or access to the Account.

You must have the permission of the owner of every phone number and email address you enter, and you warrant to us that you have it. See clause 4.8..

You must provide accurate, current and complete information, and keep the Account and its contact details up to date.

You must provide payment details within 30 days of setting up the Account, unless the Services are being funded by an Organisation. By accepting these Terms you confirm that you are authorised to enter those payment details and that we may take the Charges in accordance with clause 6. and clause 6.9..

You must be at least 18 years old to set up an Account and enter into these Terms. By agreeing to them you confirm that you are 18 or over and have the legal capacity and authority to do so.

There is no minimum age for a Receiver, provided that you are that person's parent or legal guardian, or otherwise have their authority. A Stakeholder must be at least 16 years old.

Every new Account receives a free trial of 30 days (the Trial Period). The Trial Period begins on the day the first reminder or check-in is delivered. If no reminder or check-in is ever delivered, the Trial Period does not begin and no Charges are taken.

The Trial Period runs for 30 days from first delivery whether or not the Services are paused during that time. If you pause and later restart the Services within the Trial Period, the paused days are not added back. If you would like longer to try the Services, contact us — we can extend a Trial Period at our discretion, and we are usually happy to.

At the end of the Trial Period your chosen subscription begins and the first payment is taken, unless you have cancelled in accordance with clause 12..

In consideration of the Services you shall pay the Charges. The Charges applicable to your subscription are shown in the Platform and on our website before you commit to them.

Charges are taken at the start of each period, in advance. A monthly subscription is charged on the day the Trial Period ends and on the same date each month afterwards. An annual subscription is charged on the day the Trial Period ends and on the same date each year afterwards.

All payments are processed by our payment provider, Stripe, in accordance with the Stripe Services Agreement. You may provide card or Direct Debit details through the Platform, by telephone, or by post. We do not store complete payment details on our own systems.

You may switch between monthly and annual billing at any time. The change takes effect at the end of the period you have already paid for; the new rate applies from the next payment. We do not make part-period refunds or pro-rata adjustments when you switch.

The Charges are inclusive of value added tax where it applies. Reduced or zero rates are available in some circumstances, including for those with a long-term disability or condition; where you have selected such a rate you confirm that you are eligible for it.

We may change the Charges. We will give you at least 30 days' notice by email before a change takes effect, and you may cancel before it does.

If a payment fails we will tell you and try again. We will never telephone you to ask for payment or card details. If someone contacts you claiming to be us and asks for payment details by telephone, it is not us — please tell us about it.

If the Charges remain unpaid we may suspend or stop the Services in accordance with clause 12.. We will always give notice before we do, as described in the Service Level Agreement.

Payment methods belonging to someone else. You may only enter or nominate a payment method that belongs to another person if that person has given you permission and is supervising the arrangement, or if you hold a lasting power of attorney, a Court of Protection deputyship, or the geographical equivalent, that authorises you to do so. By entering or nominating such a method you warrant that you have that authority. We do not telephone Receivers or other vulnerable adults to chase payment or to collect card details.

Where the Services for a Receiver are funded by an Organisation, no Charges are payable by you personally, and the commercial arrangements are governed by our agreement with that Organisation.

The Services may be reduced or stopped if the Organisation's agreement with us ends, or if the Organisation asks us to stop them. We will give you reasonable notice where we are able to.

Where you wish to continue the Services after an Organisation has stopped funding them, contact us and we will tell you what is available.

You must use the Services in accordance with our Acceptable Use & Messaging Policy.

You must not use the Services unlawfully, and in particular must not use them to defame, abuse, harass, stalk, threaten or otherwise violate the rights of any person, including the Receiver.

You are responsible for the Content. You can manage it through the Account. We do not review or approve Content and we are not responsible for it.

You must not use the Services to send marketing or commercial messages of any kind.

You must keep your access to the Account secure, and tell us promptly if you believe someone else has gained access to it.

We may ask you or a Stakeholder for feedback about the Services.

If you give us feedback, you agree that we may publish it — on our website, in our marketing, or elsewhere — attributed by first name only. We will not publish your surname, your contact details, or any information identifying the Receiver.

If you would prefer that your feedback is not published, tell us and we will not publish it. If feedback of yours has already been published and you want it removed, contact us at support@carecalls.io and we will remove it.

We may also invite you to leave a review on an independent review platform. Reviews you leave on such a platform are governed by that platform's own terms and are outside our control.

All Intellectual Property Rights in the Platform and the Services, and in any materials we provide relating to them, are owned by and remain vested in CareCalls (our IPR).

We grant you a non-exclusive, non-transferable licence to use our IPR for the purpose of receiving and managing the Services. You may not derive or attempt to derive the source code of the Platform or the Services, nor reverse engineer, decompile or disassemble any part of them.

You may not sublicense, assign or otherwise transfer the rights granted in clause 9.2..

You retain ownership of the Content you provide. You grant us a licence to store, reproduce and transmit that Content to the extent necessary to deliver the Services, and, in the case of feedback, as set out in clause 8..

We process personal information in accordance with our Privacy Policy, which explains what we collect, why, who we share it with, how long we keep it and what rights you have.

Where you provide us with another person's information, you are responsible for having their permission to do so, as set out in clause 4.8..

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

We are not responsible for the matters described as outside our control in the Service Level Agreement, including the availability of telephone networks and email services, the condition of a Receiver's telephone or handset, incorrect contact details, and messages blocked or filtered by a network or email provider.

We are not responsible for the consequences of the Services not being configured to alert anybody. If no alerts and no reports are set up, nobody will be told when a Receiver does not respond. We check for this and warn you in the Platform, but responsibility for configuring alerts is yours.

If you are a consumer, you have a legal right to cancel within 14 days of entering into these Terms, without giving a reason. To exercise it, tell us by any of the routes in clause 12.4.. If you cancel within this period we will refund any Charges you have paid, less a proportionate amount for any Services already provided at your request.

Your right to cancel under clause 12.2. is in addition to the Trial Period described in clause 5., not instead of it.

You may cancel or stop the Services at any time by any of the following routes:

A pause is not a cancellation. Pausing the Services in the Platform or by telephone leaves the subscription in place and Charges continue, as described in the Service Level Agreement. Only a permanent stop or cancellation ends the subscription (unless we end it under clause 12.13. or under the dormant-service process described in the Service Level Agreement).

You must cancel before your next payment is due in order to avoid being charged for the following period. Except as set out in clause 12.2. and clause 12.9., Charges already paid are not refunded — including where the Services have been left on pause or used for only part of a paid period — and you remain liable for the Charges until the Services are cancelled, whether or not they are being used. If Services are left paused without deliveries for a prolonged period, we may permanently stop them and cancel the subscription under the dormant-service process in the Service Level Agreement.

Stopping the Services does not by itself cancel a one-time reminder that has already been scheduled. When you stop the Services permanently we will ask whether you would like any upcoming one-time reminders removed. See the Service Level Agreement.

We refund Charges where we are required to by law, including under clause 12.2., and where the Services have not been provided as described in the Service Level Agreement.

Subject to clause 12.2. and that Service Level Agreement, we do not refund for unused time during a pause, for partial periods, or because the dormant-service process later cancels a paused subscription.

If you think you have been charged in error, contact us at support@carecalls.io and we will look into it.

Either party may terminate these Terms immediately by written notice if the other commits a material breach and, where the breach can be put right, fails to do so within 30 days of being asked to in writing.

We may suspend or stop the Services, on reasonable notice, where:

Where we suspect fraud, abuse, or a risk to any person, we may suspend the Services immediately and tell you afterwards.

We may stop offering the Services generally, or in a particular country. If we do, we will give you at least 60 days' notice and refund any Charges paid for a period after the Services end.

When these Terms end we will stop delivering the Services and will restrict access to the Account. Stakeholders who have been set up to receive notifications will be told, as described in the Service Level Agreement.

We will retain and delete personal information in accordance with our Privacy Policy. You may ask us to delete it sooner.

Termination does not affect any rights, remedies, obligations or liabilities that have accrued up to the date it takes effect.

Each party undertakes not to disclose the other's confidential information at any time, except as permitted by clause 14.2., and for five years after these Terms end.

Each party may disclose the other's confidential information to its employees, officers, representatives, contractors or advisers who need to know it in order to perform that party's obligations, provided that party ensures they comply with this clause; and as required by law, a court of competent jurisdiction, or a regulatory authority.

Neither party shall use the other's confidential information for any purpose other than performing its obligations under these Terms.

If something has gone wrong, please tell us. Email support@carecalls.io or call 03300588244 and we will try to put it right.

We will acknowledge a complaint within one Business Day and aim to resolve it within ten Business Days. If we need longer we will tell you why and when we expect to have an answer.

If your complaint concerns how we have handled personal information and you are not satisfied with our response, you may complain to the Information Commissioner's Office at ico.org.uk. Details are in our Privacy Policy.

Neither party is liable for any delay or failure to perform its obligations resulting from events beyond its reasonable control, provided it takes reasonable steps to mitigate the effect.

We may assign, subcontract or otherwise deal with our rights and obligations under these Terms, provided this does not reduce the standard of the Services or your rights under them.

You may not assign or transfer your rights and obligations under these Terms without our prior written consent, which we will not unreasonably withhold.

These Terms, together with the documents referred to in them, constitute the entire agreement between the parties and supersede all previous agreements and understandings relating to their subject matter. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

Subject to clause 3.3., no variation of these Terms is effective unless agreed in writing.

If any provision is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, or if that is not possible, deemed deleted. The rest of these Terms is unaffected.

Any notice under these Terms shall be in writing and sent by post or email to the address on the Account, and is deemed received: if delivered by hand, on signature of a delivery receipt; if sent by pre-paid first-class post, at 9.00am on the second Business Day after posting; and if sent by email, at the time of transmission, or when business hours resume if sent outside them.

Except as expressly stated, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising out of them. Nothing in this clause deprives you of the protection of any mandatory consumer law of the country in which you live, or of the right to bring proceedings there where the law of that country entitles you to do so.