Consumer - Terms of use

Last Modified: 30 Apr 2024

PLEASE READ THESE LICENCE TERMS CAREFULLY. BY ACCESSING THE PLATFORM, YOU AGREE TO THESE TERMS WHICH BIND YOU. 

These terms relate to your use of the Platform where you are an individual looking for social care services; or a carer or family member of an individual requiring social care services in the United Kingdom. Please note that you must be legally authorised to act on a care seeker’s behalf.  

If you are a Provider, these terms will not apply to you and you must visit our Terms of Use for Providers here. 

Your use of the Pairly platform accessible via the website, the website www.pairly.com and  and the Services described at 3 below (all together, the “Platform”) is governed by and subject to these Terms of Use (the “Terms”).

The Platform is intended for use in the United Kingdom.

1. Other rules that apply to your use of Pairly 

In addition to these Terms of Use, the following policies also apply to your use of our Platform:

• Our Cookie Policy; and 

• Our Privacy Notice. 

2. Eligibility 

You must be over the age of 18 years old to use this Platform. Where you are acting on behalf of another person, you must have the consent of individual or be otherwise authorised to act on that individual’s behalf.  

3. Services

The Platform enables access to Pairly’s sites, applications, services and information as well as third party sites, services and information (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.

Maps, reviews, access information and venue and location data provided in the Platform are provided for general information purposes only. They should only be used as a guide and should not be relied upon in situations where precise navigational or venue or location information is needed.

While we use reasonable efforts to update the information on our Platform, the content and information on our Platform is provided for general information only. We make no guarantees, representations or warranties, whether express or implied, that the content on our Platform is accurate, up to date or complete. 

We do not endorse, verify, moderate or otherwise audit any Provider or other supplier information on our site, although we reserve the right to do so at any time. We are not responsible or liable for the actions or inactions of any Provider. 

4. Scope of Licence

Pairly Ltd, (13271148) is a company incorporated in England and Wales. It, together with its subsidiaries and affiliates (“our”, “we”, “us”, “Pairly”) grants you, the Consumer User (as defined in our standard terms of business, a non-exclusive, royalty-free, worldwide licence to use our Platform. If you default on these Terms, we have the right to suspend and/or remove your access to the Platform with immediate effect.

5. Acceptable Use 

You must not (except where explicitly permitted by these Terms): 

• use the Platform 

  • for commercial gain;

  • in any unlawful manner, for any deceitful purpose or any unlawful purpose, including terrorism or extremism or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code such as viruses, trojans, worms, or harmful technology or data, into the Platform; 

  • to breach in any way any applicable local, national or international law or regulation;

  • within a software application, website or software which competes with our operations;

  • to process or disclose personal data which has not been requested by us (“personal data” has the meaning given to it in the Data Protection Act 2018);

  • to cause harm (or attempt to harm) in any way; 

  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform; 

  • to create and/or share sexually explicit material or indecent images; 

  • to bully, insult, intimidate or humiliate any person; and

  • to impersonate any person or misrepresent your identity or affiliation with any person; 

• copy, disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Platform); 

• provide access to or copies of the Platform in whole or in part to third parties either directly or by sharing or otherwise disclosing your user identification code, password, username or other security identifier if applicable; 

• use the Platform on any device that you do not own or control, unless you have the permission of the device owner to do so. You will be responsible for complying with these terms, whether or not your own the device;

• rent, lease, sub-licence, loan, provide, distribute or otherwise make available the Platform in any form, in whole or in part to any person and in no circumstance in competition with our operations; 

• exceed the indicated storage capability of the Platform (as notified to you from time to time); 

• attempt to gain unauthorised access to the Platform, the server on which our Platform is stored or hosted, or any server, computer or database connected to our Platform; 

• use screen-recording technology to record and/or capture your use of the Platform;

• infringe our Intellectual Property Rights or those of any third party in relation to your use of the Platform, including by the submission and/or upload of any material (to the extent that such use is not licensed by these terms);

• permit any third party to infringe the Intellectual Property Rights or those of any third party in relation to their use of the Platform, including by the submission and/or upload of any material; 

• use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

• collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers; and

• use or permit any third party to use the Platform in any way that infringes any third party licenses, including but not limited to licenses provided by Google and/or its licensors. You acknowledge that your use of Google Maps and Google Places features and content within the Platform is subject to the current versions of Google Maps/Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://www.google.com/policies/privacy/) and as otherwise updated by Google from time to time.

Nothing in these Terms shall give you or any other person any right to access or use the source code, or constitute any licence of the source code, of the Platform.

6. Changes to these Terms 

We may update and change these Terms or the Platform to improve performance, enhance functionality, reflect changes or address security issues. We will update the ‘Last Modified’ date at the beginning of these Terms when we make any change. If you do not accept the changes you may not be permitted to continue to use the Platform. Your continued use of the Platform constitutes your continued consent to be bound by these Terms. 

7. Privacy & Personal Information

Any collection of personal data shall be done in accordance with applicable data protection legislation and as further detailed in our Privacy Policy, available online at https://www.pairly.com. 

Due to the nature of our services, we may be required to process the care seeker’s special category data (for example, details of medical conditions) which shall only be processed with the care seeker’s (or their permitted representative’s) explicit consent. 

8. Intellectual property

For the purposes of these Terms, “Intellectual Property Rights” means patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 

All Intellectual Property Rights in the Platform throughout the world belong to us (or our licensors) and the rights in the same are licensed (not sold) to you. This includes any modifications, updates, later versions, or adaptations to the Platform. You have no Intellectual Property Rights in, or to, the Platform other than the right to use them in accordance with these Terms. 

9. Authority 

You must have the consent of individual requiring care services or be otherwise authorised to act on behalf of that individual and share their personal data.  

10. Third Party Links

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

11. User-Generated Content

The Platform will include information relating to Providers that has not been verified or approved by us. 

By uploading, posting, transmitting or otherwise making available any content or material via the Platform, whether on iOS, Android or through a web browser (“Your Content”), you:

1. acknowledge that any personal data supplied to us or Providers via the Platform will be processed in accordance with our Privacy Notice.   

2. grant to us a non-exclusive, worldwide, free, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and

3. represent and warrant that you have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Platform.

We reserve the right to remove any of Your Content within our reasonable discretion. 

12. Your feedback of Pairly 

You hereby grant to Pairly a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) that you communicate to Pairly without any obligation to report on such use and without any other restriction. Pairly’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicences. “Feedback” refers to any suggestion or idea for modifying any of Pairly’s products or services, including without limitation all Intellectual Property Rights in any such suggestion or idea. 

13. Termination

You may deactivate your user profile with the Platform at any time by visiting [        ]. In the event of deactivation, we keep Your Content for 10 months to enable you to easily re-activate your profile should you need to. Upon deactivation, this licence will terminate, and you will no longer have access to the Platform’s features unless you reactivate your account. 

We may suspend your access to the Platform, impose limits to your use of the Platform or terminate your license to use the Platform at any time and for any reason. We will terminate your license if you fail to comply with this Agreement and all Consumer Data will not be retained unless we are required to retain the same by law or to meet our business or legal needs.  

14. Changes to the Platform

Pairly may change or update the Platform and its features at any time. You may be required to download and reinstall a new version of the Platform if changes and updates are made.

15. No Warranty

The Platform is provided “as is” and “as available” with all faults. Pairly excludes, to the greatest extent permitted by law, all warranties, conditions and other contract terms with respect to the Platform.

Pairly does not 

• endorse or recommend Providers, nor make representations on behalf of Providers,  and their services; 

• guarantee the accuracy of Provider Content, including but not limited to CQC ratings, inspections, reports, facility descriptions, availability; 

• warrant that the Platform, or any functions contained in or by the Platform will:

  • will be secure or free from bugs or viruses; 

  • meet your requirements;

  • be uninterrupted, defect or error-free; or

• warrant that any defect in the Platform will be corrected.

16. Telecommunications Network Operator

Access and use of the Platform occurs across the networks of a number of mobile operators. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them and we disclaim any responsibility for any network or service used to access and use the Platform. Check with your network service provider for information about their privacy and security practices.

17. Limitation of Liability

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, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18. Indemnification

You shall indemnify and hold Pairly, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your mis-use of the Platform, any breach of these Terms, by you, or other users of any Services using your username, password or other credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure. You must use your best efforts to cooperate with us in the defence of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any such matter subject to indemnification by you.

19. General Terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms. 

Even if we delay in enforcing these Terms, we can still enforce it at a later date.

If any court or competent authority decides that any part of these Terms them are unlawful or unenforceable, the remainder of these Terms will remain in full force and effect.

If a dispute arises out of or in connection with these Terms or the performance, validity or enforceability of it (Dispute) then except as expressly provided in these Terms the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. To initiate the mediation, a party must serve notice in writing (including via email) (ADR notice) to the other party to the Dispute, requesting a mediation. The mediation will start not later than 30 days after the date of the ADR notice. No party may commence any court proceedings until the parties have attempted mediation, provided that the right to issue proceedings is not prejudiced by a delay.

20. Governing Law and Jurisdiction

These Terms shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit unless you are a resident elsewhere, in which case you may also bring proceedings to your country of residence.