Terms of Service
Welcome to Hawkhurst House online access system brought to you by Graham Care Limited. Graham Care Limited provides its care plan on-line access service to you, subject to the Terms of Service set out in this document, which may be updated by GCL from time to time without notice to you.
2. Explanation of words used in these Terms of Service
The user name and password which you will receive upon completing the Service’s registration process.
Those individuals who you (or your Representative) have authorised to have access to your care plans and daily reports through the Service and who are registered with GLC for such access.
Graham Care Limited.
True, accurate, current and complete information about yourself as prompted by the Service’s registration form.
The duly appointed representative of a resident who lacks capacity under The Mental Health Act 2007 to apply to use the Service, to accept the TOS and to authorise others to access their care plans and daily reports through the Service.
The provision by GCL of on-line access to your latest care plans and daily reports and notification of any updates via email.
Hawkhurst House’s website www.hawkhursthouse.com
“you”, “your” and “yourself”
a.The resident of Hawkhurst House who (or whose Representative) has:
i. Applied to use the Service;
ii. Accepted the TOS;
iii. Signed the relevant consent forms for use of the Service.
b. Each Authorised User.
3. Acceptance of Terms of Service
Your use of the Service is subject to the TOS which must be accepted by you and each of your Authorised Users. Your acceptance of the TOS is confirmed by your signature (or that of your Representative) on the appropriate consent form. Your Authorised Users’ acceptance is confirmed by their signature(s) on the appropriate registration form(s). If you do not accept these TOS you cannot use the Service and neither you nor your Representative should sign a consent form.
4. Description of Service
4.1 The Service provides you with access to your latest care plans and daily reports via use of the Website. Every time a care plan is amended by care staff, [a member of staff] will use their best endeavors to send an e-mail to you and your Authorised Users to alert you and your Authorised Users that changes have been made. You and your Authorised Users can then review the changes on-line and contact the care staff if you wish to discuss them further. The Service has been developed so your information can only be accessed by you and your Authorised Users. Unless expressly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS.
4.2 You acknowledge and agree that GCL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
4.3 In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
5. Registration obligations
In consideration of your use of the Service, you agree to provide, maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GCL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GCL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. GCL Privacy Statement
7. Account Details
7.1 You will receive your Account Details upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of your Account Details, and are fully responsible for all activities that occur under your Account Details.
7.2 You agree to
- 7.2.1 immediately notify GCL of any unauthorised use of your user name or password and any other breach of security, and
- 7.2.2 ensure that you exit from your account at the end of each session. GCL cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 5.
8.1 We will use technical and organisational measures to safeguard your personal data, for example:
- 8.1.1 Access to your account is controlled by password and username which are unique to you
- 8.1.2 We store your personal data on secure severs
- 8.1.3 Your Account Details are encrypted using SSL technology
8.2 Whilst we will use all reasonable efforts to safeguard personal data transferred from you or to you via the internet, you acknowledge that web based programs such as the Website and Service is not entirely secure, for example as a result of unauthorised third party access or viruses. In particular but without limitation you acknowledge and understand:
- 8.2.1 the risks inherent in consenting to the information contained within your latest care plans and daily reports being made available within the Service; and
- 8.2.2 the risks inherent in accessing the Website and Service.
8.3 We therefore cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet. If you do not accept these risks neither you nor your Representative should sign a consent form.
9. User conduct
9.1 You agree to not use your Account Details to
- 9.1.1 alter, amend, vary or otherwise change any information or content provided within the Service
- 9.1.2 post, email or otherwise transmit any information or content provided within the Service.
- 9.1.3 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 9.1.4 extract, collect, process, combine or store personal data about other users or residents of Hawkhurst House.
9.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or otherwise, any portion of the Service, use of the Service, or access to the Service.
9.3 You acknowledge that GCL has no obligation to monitor the conduct of users of the Service. GCL and its designees shall have the right (but not the obligation) in their sole discretion to terminate any user’s access to some or all parts of its Service following conduct that violates the TOS or is otherwise objectionable.
You agree to indemnify and hold GCL and any of its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. General practices regarding use
11.1 You acknowledge that GCL may establish general practices and limits concerning use of the Service, including without limitation the maximum number of email messages that may be sent on any one day from or on behalf of Hawkhurst House and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
11.2 You agree that GCL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service.
11.3 You acknowledge that GCL reserves the right to log off accounts that are inactive for an extended period of time.
11.4 GCL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GCL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11.5 You further acknowledge that GCL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12.1 You agree that GCL in its sole discretion may terminate your Account Details (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if GCL believes that you have violated or acted inconsistently with the terms or spirit of the TOS.
12.2 GCL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that GCL may immediately deactivate or delete your Account Details and/or bar any further access to the Service. Further, you agree that GCL shall not be liable to you or any third-party for any termination of your access to the Service.
13.1 The Service or Website may provide links to other World Wide Web sites or resources. Because GCL has no control over such sites and resources, you acknowledge and agree that GCL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
13.2 You further acknowledge and agree that GCL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Intellectual Property and software rights
14.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by GCL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Website or the Software, in whole or in part.
14.2 GCL grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GCL for use in accessing the Service.
15.1 You expressly acknowledge and agree that:
- 15.1.1 Your use of the Service is at your sole risk. GCL expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- 15.1.2 GCL makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) any errors in the Software will be corrected.
No advice or information, whether oral or written, obtained by you from GCL or through or from the Service shall create any warranty or other obligation not expressly stated in the TOS.
16. Limitation of liability
16.1 You expressly acknowledge and agree that GCL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- 16.1.1 the use or the inability to use the Service or Website;
- 16.1.2 unauthorised access to or alteration of your transmissions or data;
- 16.1.3 statements or conduct of any third party on the Service or Website; or
- 16.1.4 any other matter relating to the Service or Website.
16.2 Nothing in these terms restricts or limits the liability of GCL for death or personal injury resulting from negligence.
Notices to you may be made via either email or regular mail. GCL may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website or Service.
18.1 If any of these terms are unenforceable as drafted:
- 18.1.1 it will not affect the enforceability of any other of these terms; and
- 18.1.2 if it would be enforceable if amended, it will be treated as so amended.
18.2 The Service and Website and any content contained therein and any contract brought into being as a result of usage of the Service and / or Website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.