1.1 Who we are
SweetPea.care is a website, service and platform that provides matching services for families with home care providers and other services related to later life living, as well as other features relating to organising care for an elderly family member. The site and platform is owned and the service is provided by Sweet Pea Care Ltd (“Sweet Pea”, “us” and “we” below), Company Number 14201323, a limited company registered in England and Wales and you will find us at our registered office address which is The Enterprise Centre, UEA, University Drive, Norwich, Norfolk, United Kingdom, NR4 7TJ.
Sweet Pea is not a care provider and isn’t regulated as such. It’s important that you understand what this means in terms of the services we provide to you and the regulatory protections available to you. We have explained this in more detail in section 3 and we recommend you read the section carefully.To contact us, please email firstname.lastname@example.org. We do not have an office telephone number but we are happy to engage with you via email in the first instance and then one of our support team may contact you via telephone if appropriate.
1.2 When these terms apply
These Terms of Service (“Terms”) apply when you (“your” and “User” below) create an account to use any features, services, products or tools (together, the “Services”) offered on our platform at https://app.sweetpea.care (the “Platform”) and our website https://sweetpea.care (“Site”).
To use our Services you must agree to these Terms so please read them carefully. We recommend that you download these Terms for future reference. We’ll ask you to confirm that you agree to these Terms when you create an account to use the Platform and Services and a contract will come into existence between you and us when you confirm you accept the Terms.
For care companies and services:
If you sign up to our Platform or use our Services, you’ll be confirming that you intend to use the Platform and Services in the course of your business, craft, trade or profession and that you are a ‘trader’ and not a ‘consumer’ under UK consumer law. When you use the Services on behalf of a Company, then by accepting these Terms you confirm that you have sufficient authority to enter into a contract on the Company’s behalf and that you understand and agree that the Company will be our customer and not you personally.
In the course of using the Platform and our Services, you will be able to share information with third parties and give those parties access to certain parts of the Company’s profile on the Platform, view the Company’s profile, view sales and marketing details of the company, view prospective customer details relating to their employment (and contact our customer support on the Platform.
For the avoidance of doubt, we act for and accept instructions solely from the Company and we do not act for any third party, including the Company’s founders, employees, consultants, investors, advisors or other affiliates.
For individual users:
If you sign up to our Platform or use our Services, you’ll be confirming that you intend to use the Platform and Services as a ‘consumer’ under UK consumer law. When you use the Services on behalf of another individual, referred to as your ‘Loved One’, then by accepting these Terms you confirm that you have sufficient authority to upload information regarding to that individual and that you are solely responsible for that information. It is your responsibility to check and make investigations to ensure that all information is accurate and factual. It is also your responsibility to ensure that there are no bad actors involved with the uploading of this data and the management of your loved one’s profile.
In the course of using the Platform and our Services, you will be able to share information with third parties and give those parties access to certain parts of your loved one’s profile on the Platform, communicate with companies on behalf of your loved one, and upload information regarding your loved one. For the avoidance of doubt, we act for and accept instructions solely from the named individual users of the account and we do not act for any third party.
FOR ALL PARTIES:
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS YOU CANNOT USE THE PLATFORM OR OUR SERVICES.
IF YOU HAVE CREATED A COMPANY OR PERSONAL PROFILE INCOMPLETE OR COMPLETE THEN WE WILL DETERMINE THAT YOU HAVE ACCEPTED THESE TERMS IN FULL.
IF YOU HAVE PROCEEDED TO OUR CARE CONVERSATION FUNCTIONALITY WHERE YOU COMMUNICATE WITH CARE SERVICES, CARE CUSTOMERS OR ANY OTHER CUSTOMER AND THEN COMMENCED USE OF THE SERVICES WE WILL DETERMINE THAT YOU HAVE ACCEPTED THESE TERMS IN FULL.
IF YOU HAVE PROCEEDED TO PAYMENT AND THEN COMMENCED USE OF THE SERVICES WE WILL DETERMINE THAT YOU HAVE ACCEPTED THESE TERMS IN FULL.
1.3 Before you make a purchase
We will not provide our services or products to you to inspect or review before you decide to purchase. We encourage you to ask for a web demonstration given by one of our team members who can show you over screen sharing software how our Services work. We also have video tutorials on our Site that can provide more insight into the product or Service you are thinking about purchasing. Please read our refund policy carefully before you make a purchase.
1.4 Terms subject to change
Please note that we may change, modify, add or remove sections of these Terms from time to time. We will post any changes to our Site by updating these Terms, but we may not make any separate publication about such changes, so please revisit these Terms every so often, because we assume that you agree with these Terms at all material times if you continue to use our Services. These Terms were last updated on 20th July 2023.
2. DATA PROTECTION
2.1 It’s your data
We take the protection of your company’s data and personal data very seriously. Your data is sensitive and entitled to protection.
For companies: Any company information will either be publicly available data or uploaded voluntarily by you and you confirm that you have obtained the necessary consent and have given appropriate notices to lawfully upload any company or individual personal data to our platform for the duration and purposes of these Terms.
CQC data: As part of your company profile we will upload data taken from the Care Quality Commission (CQC). We are not responsible for the CQC data nor can we amend it. If there is an issue with the CQC data that is provided about your company then you must communicate directly with them. We cannot update or remove CQC data.
For individual users: Any information will be uploaded voluntarily by you and you confirm that you have obtained the necessary consent and have given appropriate notices to lawfully upload individual personal data to our platform for the duration and purposes of these Terms. It is your responsibility to check and make investigations to ensure that all information is accurate and factual. It is also your responsibility to ensure that there are no bad actors involved with the uploading of this data and the management of your loved one’s profile.
2.2 Account creation
If you establish an account on the Platform, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify us at email@example.com of any unauthorised use of your password or user ID or any other breach of security.
You are responsible for all content that you transmit or otherwise make available to our Site and Platform. Your access to and use of this Platform may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorised activities.
2.3 Data collection
Subject to the confidentiality obligations created under these Terms (see below), you agree that we have the right to collect and analyse specific data points and other information gained from your company profile, settings and including but not limited to interactions with our team on our chat support. This covers, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site/Platform and for other development, diagnostic and corrective purposes in connection with the Site/Platform; and (ii) to disclose such data solely in aggregated or other de-identified form in connection with our business.This is for the mutual benefit of all our users.
2.4 Granting ourselves access for customer support purposes
Occasionally you may contact us for customer support. It may be necessary for our team to access your company profile page for the purpose of assistance, to enable them to see what you are having an issue with or for them to inspect a document you have referred to. This will only happen with your implied consent to do so, such as during an active conversation between yourself and a team member on our live chat software or where it is necessary to answer a question you have asked them on email/chat support.
Once you have finished working with that team member, they will remove their access from your company’s profile. We also require our team members to regularly review the list of companies they have access to and to remove themselves from any company that they are not actively assisting to minimise the risk of any data breach.
2.5 Providing platform feedback
If you give us feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
3. No regulated care or healthcare service or advice
3.1 We are neither a care or healthcare company, nor a regulated entity
Sweet Pea is neither a care or healthcare company and aren’t regulated as such. Care and healthcare companies in England are regulated by the CQC and it’s important that you understand that we are not regulated or authorised by the CQC. This means we can’t provide services that are “reserved” to care and healthcare provides. Our Platform and related Services only relate to non-contentious care and health matters and we don’t carry out any of the activities that can only be provided by regulated care and healthcare companies.
3.2 We don’t provide care, healthcare or business advice
The Platform and related Services constitute an online portal that provides information and access to a mix of industry standard, open-source information.
Whilst sourced from experts and reflecting industry best practice, they are provided for general information only. They are not intended to amount to healthcare advice or business advice on which you should rely.
If at any point you are still uncertain about your selection, you should obtain specialist advice from a medical professional qualified in this area, or a qualified business consultant.
Likewise, as you navigate the Platform and use our Services you can communicate with our team through support. From time to time you will have certain questions you would like to receive our recommendation on. You may put your questions to our customer support team. We will try to provide you with an informed response based on our experience or direct you to a relevant resource. However, at no point does this information qualify as healthcare advice, or professional business advice, nor should it be taken in substitution to such qualified professional advice.
For the avoidance of doubt, by using the Platform and our Services, you agree that:
- You are solely responsible for the appropriate selections or actions you take whilst using our platform or website;
- Any content, suggestions and explanations of care and healthcare terminology or conditions, or business practices are created for a wide audience and may not suit your individual personal or company’s needs, and may be out of date for your individual or company’s needs at any given time;
- The documents or services available via the Platform may not fit your specific circumstances. You should make your own judgement on the suitability of any such materials to your or any third party’s circumstances, or obtain your own legal advice before using our service
- Whilst we deny that any legal responsibility arises when you use the Platform or our Services, in the event we are wrong, we exclude all legal responsibility and costs for reliance placed by anyone on the Platform, our Services or information gained from our support;
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
3.3 Services in jurisdictions outside England & Wales
For companies: If your company is domiciled in a jurisdiction outside of England and Wales and you use the Platform or our Services, it is important that you understand we are not a regulated entity in any jurisdiction and are not authorised or regulated by any relevant professional regulatory body in your jurisdiction.
4. ACCEPTABLE USE OF OUR SERVICE
You confirm that:
- you are over 18 years of age;
- are only using the Platform for your own personal use or as a person with appropriate authority on behalf of a company or other legal entity;
- that you comply with all applicable laws, rules, regulations and court orders; and
- that you adhere to all our published policies then in effect.
Should you not be able to confirm the above you must stop using the Platform and our Services immediately.
4.1. Behaviour that is not permitted
You agree that you will not to do any of the following in connection with the Service:
(a) break the law or infringe anyone else’s rights;
(b) send, store, display or link to any unlawful, infringing or otherwise inappropriate Content (including Content which is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive);
(c) victimise or harass other people;
(d) send, store, display or link to upload any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit specific written consent or you are otherwise legally allowed to do so
(e) make recordings or screenshots of audio / video interactions without the written consent of all other participants;
(f) impersonate anyone;
(g) use our Service to help you compete with us or infringe our rights;
(h) disrupt our Service, e.g., spam, viruses or phishing;
(i) interfere with or damage our Service or gain unauthorised access to any part of the Service or equipment used to provide the Service;
(j) intercept or modify communications;
(k) deliberately exploit any bugs;
(l) circumvent any security or other features of the Service including features that restrict use or copying of Content; or
(m) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
(n) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorised within the Services);
(o) introduce or permit the introduction of any virus into our IT systems;
(p) attempt, encourage or assist any of the above.
4.2 COMPLIANCE AND COLLABORATION
You agree to comply with any rules or guidance/requirements on our platform and cooperate reasonably with us in relation to our Service.
4.3 ACCURACY OF INFORMATION
You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
5.YOUR CONTENT (e.g.profile, company info, messages etc.)
This section contains certain promises by you regarding your content and gives us some rights including to remove/delete/disclose the content in certain circumstances.
You are responsible for your Content and you agree that you have (and will keep) all rights rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions. If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those sites. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or our upstream providers, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
5.6 Amendments to content
We are allowed without telling you to edit the text or layout of any profile or other Content uploaded to our Service to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your listing, you remain solely responsible for it, so please monitor it carefully.
5.7 Company Profile ranking
We rank company profiles in the search results in a through a best match system for each customer’s requirements. The ‘most relevant’ results are determined by a combination of factors, including CQC rating, distance, availability, membership type and responsiveness. The algorithm to determine how we rank profiles is proprietary, it is owned by Sweet Pea and we do not have to justify the algorithm. We reserve the right to offer featured providers sponsored content that override the ranking algorithm.
We may place advertisements adjacent to or within your Content. If so, we retain all revenue from such advertisements.
5.9 Protection of your content
It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws). We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for six months.
6. PROPRIETARY RIGHTS
We own and retain all right, title and interest in and to (a) the Services and Platform, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with our Services or support or the Platform, and (c) all intellectual property rights related to any of the foregoing, including but not limited to all text, published material, document creation “flow”, sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Platform and any related Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all right, title and interest in and to your personal data and Confidential Information.
You hereby grant us a non-exclusive, non-transferable, revocable, royalty-free licence to use your company logo and other relevant company content or branding which you add to the Platform, solely where relevant for the purpose of performing the Services.
No rights or licences are granted except as expressly set forth herein.
7. REPRESENTATIONS & WARRANTIES
By entering into an agreement under these Terms on behalf of a company or other legal entity, you represent that you have the appropriate authority to bind such entity and its affiliates to these Terms. In which case the terms “you”, “your” and “user” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the Terms, you must not accept any agreement under these Terms and may not use the Platform or our Services.
7.2 Your indemnity to us
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of an alleged violation of these Terms or otherwise from a User’s use of the Materials or Services.
You further agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of your failure to observe your obligations under the Data Protection Legislation (including but not limited to, providing any required notices to and obtaining any required consents from data subjects) or arising as a result of us complying with any documented instructions you give us.
8. DISCLAIMERS & LIMITATION OF LIABILITY
8.1 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 team and for fraud or fraudulent misrepresentation. Notwithstanding anything to the contrary, we and our officers, affiliates, representatives, contractors and employees will not be responsible or liable with respect to any subject matter of these terms related thereto under any contract, negligence, strict liability or other theory of liability:
(a) for use of the platform, services or for error or interruption of use of the platform or services;
(b) for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business;
(c) for any indirect, exemplary, incidental, special or consequential damages;
(d) for any matter beyond our reasonable control; or
(e) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the services under these terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.
8.2 Allocation of risk
These Terms fairly allocate the risks between us, on the one hand, and you on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.
8.3.Functioning of our Service
We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative affect on the Service. We will use reasonable efforts consistent with prevailing industry standards to maintain the Platform in a manner which minimises errors and interruptions in the Platform and our Services. We will perform Platform updates in a professional and workmanlike manner. The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of other causes beyond our reasonable control, but we will use reasonable efforts to communicate this via social media channels or on our Site, and we will aim to provide (where possible) an estimated time by which the Platform and Site will resume their normal service.
8.4 Disclaimer of warranties
Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing, course of performance or use of trade to the maximum extent permitted by applicable law. Our services are provided to you strictly on an “as is” basis. We shall have no responsibility for determining that your proposed use of our platform or services complies with applicable laws and regulations in your jurisdiction(s). you acknowledge and agree, that no advice or information, whether oral or written, provided by us will create any warranty or condition not expressly stated in this agreement.
8.5 No claims against individuals
You agree to bring any claim (including negligence) in connection with any of the Services only against us, and not against any individual, however described.
Your experience on our platform and website is important to us. We’re sorry if your experience did not meet your expectations and we want to ensure we make things right.
We hope that most matters can be resolved either through our support channels, however, we appreciate that some matters sometimes require further escalation. Should you find that you need to make a complaint, we can assure you that it will be addressed swiftly, fairly and efficiently, so that we can find a resolution as quickly as possible.
If you have a complaint, we ask that you contact firstname.lastname@example.org and describe in detail the nature of the complaint, when the issue happened and the names of any of our support team that you have been dealing with.
After you send your complaint email, you will receive an acknowledgement email from us within 2 working days. A senior member of our organisation will review the complaint and contact you within 7 working days from the acknowledgement email. This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.
A final resolution or decision on the matter of your complaint will be communicated to you within 30 working days of the acknowledgement email.
10. EVENTS OUTSIDE OF OUR CONTROL
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
11. ENGLISH LAW
This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.