Terms and Conditions

1. Terms Governing Services Use

Your access to and use of the Services is expressly conditional on Your agreement to, and compliance with, this Agreement. You agree that by browsing, clicking in, or accessing the Flower Care Site in any way, that You have read these Terms and Conditions, and agree to be bound by them.

2. The Flower Care Services

2.1: Flower Care Services is a platform for connecting persons who are looking to engage self-employed independent care professionals (ICPs) to provide in-home care (each a “Placement”), and ICPs who are part of Flower Care’s network ICPs who may be available to perform such Placement. Flower Care checks the backgrounds of each ICP via third party background check Services; however, Flower Care does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such ICPs. It is the sole responsibility of each ICP, and not Flower Care, to determine whether they are qualified and capable of completing a particular Placement. It is the sole responsibility of each Customer to ensure that they are satisfied with the suitability, qualifications and capability of each ICP for each Placement, including checking any ICP’s Right to Work documentation which will be made available to You on request by Flower Care. When You book a Placement or deal with an ICP, You should ensure that You agree to use common sense and caution to ensure protection of personal property and safety, including by supervising ICPs as You would supervise anyone who provided a Services to You that You did not know. 

During any Placement, the ICP works directly for You.

LIVE-IN CARE
2.2: Live-in ICPs have various rights pursuant to the law, and You hereby agree to provide each ICP :

2.2.1: a minimum break of 2 hours per day within daylight hours. At the request of the ICP, it is permissible for these breaks to be banked to provide a longer individual break but the minimum duration is 14 hours over 7 days; and

2.2.2: sanitary living conditions must  include (i) a separate bedroom and suitable bathing and toilet facilities; (ii) clean bedding and (iii) provision of ample food. In respect of (iii), we recommend a minimum sum of £40 per week for the cost of the ICP’s food.

LIVE-OUT CARE
2.3 Live-out ICPs: You and each Live-out ICP will be responsible for agreeing hours and duties directly on any placement, and Live-out ICPs may not be entitled to any breaks or other accommodation within the Placement.

3. Fees

3.1 When You make a Placement booking, Flower Care will help facilitate the Placement by providing an account mechanism for paying ICP Placement fees (“Fees”). Fees are non-refundable (unless You provide Flower Care with a minimum of 48 hours’ notice before the Placement is due to start) and will be charged to You in accordance with Flower Care pricing schedule, which Flower Care may update from time to time.
You may also be informed by Flower Care of any changes made to the amount or basis of any payments due by You from time to time. You are liable for any and all taxes (other than taxes based on Flower Care income) related to the Placement performed by ICPs, apart from ICP’s own income tax accountability which is met directly by each ICP.

3.2 Flower Care will charge You for Placements through the payment method specified in Your account (e.g. a credit card or debit card). If You pay any applicable Fees with a credit card, Flower Care may seek pre-authorisation of Your credit card account prior to the Placement starting to verify that the credit card is valid and has the necessary funds or credit available to cover Your requested Placement. 

3.3 You agree to Flower Care authorising any designated credit card, or debit card or other payment method or account to pay any Fees described herein, and authorise Flower Care to charge all sums due at any time to that designated account. You agree to provide Flower Care as soon as possible with updated information regarding Your designated credit card and account or upon Flower Care request and any time the information earlier provided is no longer valid.

3.4 You are responsible for ensuring all billing and contact details are up to date to ensure invoices sent by Flower Care are accurate,  and payments received by Flower Care are on time, with no delay.

3.5 Flower Care reserves the right to charge You an additional administration fee of £25 if the payment details You have provided become out of date, and You have not provided Flower Care with new payment details within 5 working days, or immediately upon request by Flower Care.

3.6 You agree that You will pay all and any invoices received from Flower Carewithin 7 days after receipt of any invoice.

3.7 If, within a period of 6 months after Flower Care has introduced an ICP to You, You decide to engage that ICP directly, Flower Care reserves the right to charge You a fee reflecting (but not exceeding) the total payment of  6 months of care provided by the ICP through the Flower Care platform will become due and payable by You to Flower Care immediately upon receipt of invoice.

4. SMS and other Messaging or Emailing

4.1 When You sign up for the Services, You agree that Flower Care may send You SMS Messages in order to confirm Your phone number or keep You informed about Your Placement and the Services the ICP may be performing for You. Depending on Your current phone carrier plan, You may incur Fees for these SMS Messages, and agree to not hold the Company liable for any Fees incurred.

4.2 You also agree that Flower Care may send You emails and other electronic messages by any other means to keep You up to date on the Placement and ICP, including indicating when Flower Care has been informed that an ICP will not be able to attend any Placement.

4.3 You may at any stage opt out of receiving emails, SMS and other messages. Please note that by doing so, this may have an effect on the Services You receive from Flower Care: if You wish to opt out, please do so by contacting info@flowercareservice.co.uk 

5. Feedback

5.1 As and when requested to do so, You agree to provide Flower Care with any information requested by Flower Care regarding the provision of the Services, including reports of failures, errors, or other malfunctions You encounter on the Services along with any associated error messages (the “Feedback”). 

5.2 Feedback provided to Flower Care may be used by Flower Care to improve the Services in any way Flower Care chooses, including sharing the Feedback with other third parties and associates or affiliates of Flower Care, without limitation. 

5.3 In addition, You agree to provide Flower Care with a complete Care Appraisal at the beginning of the Placement, in order to allow Flower Care to identify prospective ICPs, and to ensure current Placements can be undertaken. 

5.4 You agree to update the Care Appraisal on a regular basis, dependent on Your care needs, and at a minimum on a 4 weekly basis.  Your ICP may from time to time request that You update the Care Appraisal to reflect the Care Recipient’s needs. 

5.5 You agree to Flower Care using any Feedback You provide for reports, marketing or advertising purposes, which Feedback shall only be used in an anonymous form, unless your specific agreement has been sought to do otherwise.

6. Privacy

We take Your privacy seriously. For details about how Flower Care uses Your personal data please refer to: https://www.flowercareservice.co.uk/customer-privacy/. To ensure We have Your most up to date personal data, You agree to provide us with regular updates to any personal data we hold about You.

7. Notifications 

7.1 We may provide notices to You either by posting them on the Site or by email or by other delivery Services to the address You provided when You registered for an account. All notices are effective upon posting or when sent. 

7.2 Additionally, we may modify these Terms and/or our Privacy Policy at any time by posting the modified version on the Site or by sending You a copy by email. Please check the Terms periodically for any changes. By continuing to access or use the Services after we have made any such modifications, You agree to be bound by these modified Terms of Services or Privacy Policy (as applicable), which become effective immediately upon being posted to the Site. 

8. Insurance

9.1 It is for You to ensure that Your household and motor insurance provide sufficient cover for You and the ICP during any Placement. 

9.2 It is for You to ensure that any ICP attending the Placement has the correct and any additional insurance as required by You.

9. General Prohibitions

You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with Yours (theirs, or anyone’s) use of the Services:

1. circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Services;
2. engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Services, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation any information residing on any server or database connected to the Services;
3. copy, modify or distribute the computer code used to generate web pages on the Services (other than as may be expressly permitted under a separate license agreement);
4. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
5. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
6. access or search the Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Flower Care or other generally available third party web browsers;
7. send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or Services, including without limitation those which are designed to promote, directly or indirectly, a product or Services with which You have a business relationship or other commercial connection;
8. in any way use the Services to send altered, deceptive or false source-identifying information;
9. decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
10. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Services;
11. impersonate or misrepresent Your affiliation with, or Your lack of affiliation with, any person or entity;
12. use the Services in violation of Flower Care’s or any third party’s intellectual property or other proprietary or legal rights;
13. use the Services in violation of any applicable law or request that anICP provides a Services which would violate applicable law; or
14. upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
15. Induce, entice or otherwise encourage (or allow anyone on your behalf to induce, entice, or otherwise encourage) any ICP to leave Flower Care Services or Flower Care Platform and work directly for You, the Care Recipient, anyone on your or their behalf, or any related third party.

10. Termination, Discontinuation and Modification of the Services

TERMINATION BY Flower Care
10.1 If You violate any of the Agreement Terms, Your permission to use the Services will automatically terminate with immediate effect. 

10.2 You also agree that Flower Care may, at any time and without notice to You, suspend or revoke Your access to and use of the Services, and any account(s) You may have in connection with the Services: (i) for any reason or no reason at all; (ii) where Flower Care determines at our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Flower Care or any third party; or (iii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to You. 

10.3 Please note, that whilst the matter remains at Flower Care’s sole discretion, Flower Care is likely to terminate this Agreement, and reserves its rights to do so, if You fail or delay to make payments of 4 invoices in succession; fail or delay to make payment for a period of 4 weeks or more; or over a period of 6 months prior to termination, the account held by You has fallen into arrears on more than 2 occasions.

10.4 Notification will be made by Notice by Flower Care to You at the email address provided by You and/or by letter by Royal Mail

10.5 Flower Care will have no liability whatsoever as a result of any change to the Services or any suspension or revocation of Your access to or use of the Services. 

TERMINATION BY YOU
10.6 You may terminate this Agreement, and Your account with Flower Care, at any time by contacting customer Services at info@flowercareservice.co.uk, providing Flower Care with a minimum of 14 days’ notice of Your intention to do so. Any termination made by You without providing the minimum notice, may incur a financial penalty over any costs incurred by ICP in the Placement, and You will be liable for all sums due up to and including the date of termination.

10.7 If You choose to cancel the Services, You are still liable to Flower Care for payment of all Services undertaken or due to be undertaken by Flower Care or the ICP on Your behalf.

10.8 Flower Care reserves the right to charge You (at its sole discretion) in full for all and any part of the Services undertaken on Your behalf for the whole of the Notice Period. Such Notice Period charges will be added to Your final invoice, and will be due and payable by You in full within 7 days after the last day of the Notice period, or within 14 days of the last day of the provision of the Services, whichever is sooner.

10.9 If You choose to engage any ICP directly (in contravention of the Terms of this Agreement) You become immediately liable to Flower Care for the Fees equal to six (6) months’ Fees for the ICP’s Placement with You or any other Customer or Care Recipient.

11. Indemnity

You agree that You will be personally responsible for Your use of the Services, and You agree to defend, indemnify and hold harmless Flower Care and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors’ and accounting fees and costs, arising out of the use of the Services by You, the Care Recipient, or anyone on Your or their behalf. 

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defence of such claim. You will not, in any event, settle any claim, prospective, litigated, or other related matter without our written consent.

12. Use of the Services Is Entirely At Your Risk

12.1 You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services is provided “as is” and “as available”. Flower Care expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law.

12.2 When You use the Services to request and have an ICP perform a Placement, You understand and acknowledge that no ICP has any authority to make any amendments to this Agreement  and that any statements, representations, or warranties made by an ICP or any third party are disclaimed by Flower Care and do not expand or otherwise modify this Agreement. Flower Care makes no representation or warranty regarding the identity, quality, reliability, safety, completeness, or fitness of ICP.

12.3 Once any Placement starts, the ICP engaged in that Placement works directly for, and under the direction of, You.

13. Limitation of Liability and Release

13.1 To the extent permitted by applicable law, Flower Care will not be liable  to You in connection with Flower Care’s performance under this Agreement, including (but not limited to) liability for loss of profits and other consequential losses. 

13.2 Flower Care’s liability to You in respect of the Services or any Placement will not exceed the total price paid by You for the Placement, whether such cause of action is brought in contract, tort, warranty or otherwise.

13.3  Except in the case of death or personal injury caused by Flower Care’s negligence, Flower Care’s liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the level of any Fees paid by You to the Company in the last six months under these Terms and Conditions.

13.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 

13.5 The limitations of damages set forth above are fundamental elements of the basis of the bargain between Flower Care and You.

13.6  Nothing in this Agreement shall limit any rights You might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to You for any death or personal injury resulting from our negligence.

14. General

14.1 This Agreement, together with the Privacy Policy constitutes the entire and exclusive understanding and agreement between You and Flower Care regarding Your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by or on behalf of each Party. 

14.2 You may not assign or transfer the Agreement  or Your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent from Flower Care. Flower Care may assign the Agreement at any time without notice. 

14.3 In the event that any part of the Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

15. Events beyond Flower Care’s control

Flower Care shall have no liability to You for any failure of the ICPs to perform the Placement You have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.

16. Miscellaneous

Except for our affiliates, directors, employees or representatives, a person who is not a Party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any time. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

17. Governing Law

This Agreement shall be governed by the laws of England and Wales  and Parties agree to the exclusive jurisdiction of the courts of England and Wales.

18. Agreement of Parties

Please note that these Terms and conditions may be changed by Flower Care at any time, and at Flower Care’s sole discretion. Flower Care will either inform You of those changes by email, or will post any changes to these Terms on Flower Care’s Site, or both. Once the Terms have been made available and intimated to You, they will become immediately effective, and Your contract with Flower Care will be based on those updated Terms.

By clicking on flowercareservice.co.uk You are hereby agreeing to Flower Care’s Terms and to this Agreement. You are confirming Your agreement to form a binding contract with Flower Care to provide the Services as described to You.