Terms and Conditions
Log my Care, provided by LMC Software Ltd
The Log my Care system (hereafter “System”, “Software”, or “Service”) via the website currently called “careoffice.logmycare.co.uk” or the App currently called “Carer App” is provided by LMC Software Ltd, a limited company registered in England under company number 10904934, whose registered address is Health Foundry, 1 Royal Street, London, (hereafter “us“ or “we”) to your “Organisation” “you” or “your”. You and your Organisation, its employees, Directors, consultants and associates agree to abide by these Terms and Conditions. It is the responsibility of your Organisation to ensure that all of your users of our Service abide by these Terms and Conditions. If you do not agree with these Terms and Conditions do not use our Service.
Interpretations and Definitions
Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it.
A “Business Day”: shall be a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Intellectual Property”: includes without limitation; any patents, rights to inventions, copyright, software, code, neighbouring and related rights, moral rights, trademarks and service marks, designs, registered designs, drawings, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, scripts, budgets, database and contact list 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.
“Organisation” your company, charitable organisation or trust based in the social care industry in the United Kingdom.
- This Service
- Your Organisation must be a provider of social care in the United Kingdom.
- You must be personally authorised to enter into a contract with us by accepting these Terms & Conditions on behalf of your Organisation (e.g. as a Registered Manager or Director).
Registration and Account Integrity
- It is your Organisation’s responsibility to ensure that the information provided is accurate and not misleading. Your Organisation cannot and shall not create an account using the names or information of another person, company, entity or organisation. We reserve the right with or without notice to suspend or terminate any account in due to a breach of this Clause without any compensation.
- Where we provide your Organisation with a number of user accounts for your Organisation’s employees to use the System, user accounts cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the Organisation without any compensation.
Content Ownership and Control
- For the purposes of the Data Protection Act 1998 (the Act) and subsequent General Data Protection Regulation (GDPR) your Organisation is the “Data Controller” of any data entered into the System. We are the “Data Processor” of the data you and your Organisation provide.
- All customer data entered into the System is the property of your Organisation. Your Organisation is responsible for the accuracy of any data entered into the System and will be responsible for any offensive or illegal data entered.
- Your Organisation warrants and indemnifies us that the necessary consent of any of your Organisation’s clients or employees whose data is entered into the System has been gathered and recorded legally and active consent has been given for the purposes of the use of our Service, under the Act and GDPR.
- Your Organisation has no copyright, trade secret, patent or other Intellectual Property right in any of our Software or in any related documentation, design, code, program or other item provided by us and we own all such rights exclusively. Your Organisation agrees to keep the Software free and clear of any claim, lien or encumbrance.
- You, your Organisation, your employees and consultants or associates may not delete, copy, modify or tamper with the Software in any way including but not limited to uploading or embedding malware, spyware, a virus, trojan or worm, time bombs, keystroke loggers, adware or any other harmful software or hardware.
- Unless explicitly granted by us, technical support is provided to users at our complete discretion for which there may be charges. These charges will be listed on our website or provided to you on an annual basis.
- We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
Pricing, Plans and Features
- We reserve the right to change our pricing or features for the use of the Software and technical support with three (3) months’ written notice (email to suffice) to your Organisation.
- We reserve the right to upgrade free plans to paying plans after giving at least three (3) months’ written notice (email to suffice) to your Organisation.
Payment and Credit Control
- All paid services are billed and invoiced monthly in advance. Payment is due seven (7) days from the date of the invoice.
- If your Organisation upgrades from a free or trial period Service to a paid Service it will be immediately charged for the full monthly amount . The monthly payment will be due from that date, each month onwards.
- Where the Service has been paid for multiple months in advance, payment will be taken in full at the time of purchase.
- After upgrading to a paid Service, it is a condition of use that a valid payment method direct debit or standing order is set up for monthly payments. Payment must be provided at all times in order for your Organisation’s accounts to remain active.
- Where a payment request is made by us and is declined by your Organisation’s payment provider or bank or building society (for whatever reason) access to our Service and your Service accounts may be suspended from thirty (30) days after giving written notification (email to suffice) to your Organisation until such time as a valid payment has been processed from your Organisation.
- Your Organisation may cancel its account or accounts at any time by using the facility provided within the System or by writing to us by email on [email protected] with the word “Cancellation” in the email header.
- No refunds will be provided for remaining unused days under monthly account or accounts.
- No refunds will be offered for downgraded monthly subscriptions that have been downgraded before the next monthly charge is due. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
- For pre-paid subscriptions (where more than one (1) month duration still remains) a refund may be offered at our sole discretion.
Upgrading or Downgrading Accounts
- Your Organisation has the ability to upgrade or downgrade the Services offered at any time.
- Where you or your Organisation downgrade the Service, the user who requested the downgrade will be solely liable for any loss of data caused by the downgrading and removal of any Service connected to the downgrade.
- Organisations should backup and download their data prior to requesting a downgrade in Service.
- Where a subscription is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.
- In the case of downgrading pre-paid subscriptions (where more than one (1) month remains) a refund may be offered at our sole discretion.
- Where a pre-paid subscription is upgraded the increased charge will be applied immediately to the account for the additional amount due until the expiry date.
- It is the responsibility of your Organisation to ensure that all of your users of our Service abide by these Terms and Conditions.
- Various clauses within these Terms and Conditions are designed to survive and continue after termination, including but not limited to clauses 16, 17, 18 and 24.
Access and Backups
- We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we will offer full or part-refunds subject to our sole discretion.
- Refunds will not be offered where you, your Organisation, your employees, Directors, consultants, associates or a third-party providers, causes the issue to the Service.
- Your Organisation is solely liable for backing up any content or data entered onto the System. We strongly recommend that all of your Organisation’s content and data on the Service is regularly and completely backed up.
- We are not liable for the accuracy of any content on the Service, (except where such content is provided by us) nor any advertisements placed on the Service.
Limitation of Liability
- We shall be not be liable to your Organisation your employees, Directors, officers, consultants, associates or a third-party providers in contract or, tort, or pre-contract or other representations (other than proven fraudulent or proven negligent misrepresentations) for any losses, including but not limited to financial, loss of business, loss of profits or anticipated savings, loss of data or any indirect or consequential loss whatsoever or otherwise, incurred by any outage of the Service, data loss, corrupted data, software or hardware, malicious action by a third party or otherwise.
- Nothing in this Agreement shall exclude or limit liability of either party for death or personal injury resulting from the negligence of the party’s Directors, consultants, servants, agents or employees.
- In any other event our liability and that of our employees, Directors, officers and third- party partners shall be limited in any twelve (12) month period to the total Service fees incurred by your Organisation in relation to the matter subject to the liability or to a payment of one hundred pounds (£100), whichever is the greater sum.
- Your Organisation agrees to indemnify and hold us our Directors, employees, consultants, associates, third party providers subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees (including reasonable legal costs), liability, expenses or claim of whatsoever kind or nature made by any third-party arising from your Organisation’s breach of these Terms and Conditions whilst using the Service or any other service provided by us.
- Your Organisation indemnifies us against all claims, damages, actions, costs, losses, claims, costs (including legal costs) and expenses of whatsoever kind or nature arising from any breach or non-performance of any of the your liabilities, warranties, undertakings or obligations or any payments or any breach of applicable law or regulation or any infringement of any Intellectual Property rights on contained in this Agreement.
- The paragraphs, sub-paragraphs and Clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of these Terms and Conditions or paragraphs, sub-paragraphs or Clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and Clauses which shall remain in full force. If such modification is not possible, the relevant clause or part-clause shall be deemed deleted. Any modification to or deletion of a clause or part-clause under this clause shall not affect the validity and enforceability of the rest of this Agreement.
- Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
- Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by a Force Majeure meaning but not limited to; Act of God, war, civil disorder, terrorist attack, flood, earthquake, volcano eruption or industrial dispute. If such delay or failure continues for a period of at least thirty (30) Business Days, the party not subject to the Force Majeure shall be entitled to terminate this Agreement by notice in writing to the other. Where you or your Oganisation terminates this Agreement due to Force Majeure any monies due to us shall become immediately due and payable.
- You or your Organisation may not assign, mortgage or otherwise transfer this Agreement or any rights, duties and obligations hereunder. It is acknowledged by you and your Organistation that we may use our employees, officers, representatives or third party consultants to carry out the work within this Agreement.
- We may assign the benefit of this Agreement to any firm or company in which we hereafter acquire a controlling interest or which acquires a controlling interest in us without prior approval from the you or your Organisation. Save that we shall remain primarily liable hereunder until such time as the prospective assignee enters into a direct covenant with you to fulfil all of our obligations hereunder.
- Other than permitted assignees or transferees as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Entire Terms & Conditions
- These Terms and Conditions set out the entire agreement and understanding between your Organisation and us and is in substitution of any previous written or oral agreements between the parties. No addition or amendment of any clause in this Agreement shall be binding on the parties unless made by a written instrument and signed by the signatories to this Agreement or their duly authorised representatives.
- These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.