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Terms of use and subscription

1. Terms of website use

1.1 These terms of use (together with the documents referred to in it) tell you the terms on which you may make use of our website www.closetohand.co.uk (our site) and its facilities. They also include details of the terms that apply to your subscription to our site. Use of our site includes accessing the site or its features, browsing, or registering to use our site.

1.2 Please read these terms of use carefully before you start to use our site, as they will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

2. Other applicable terms

These terms of use refer to our Privacy Policy, which also applies to your use of our site and which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

3. Information about us and contact between

3.1 Our site operated by Close To Hand Limited ("We"). We are registered in England and Wales under company number 10580521 and have our registered office at 10 Lonsdale Gardens Tunbridge Wells Kent TN1 1NU United Kingdom.

3.2 You can contact us by telephoning us on + 44(0)1892 337225 or by emailing us at hello@closetohand.co.uk.

3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your subscription application. 

4. Our contract with you

4.1 How we will accept your application to subscribe. Our acceptance of your application for membership will take place when we accept your application for a username and password, at which point a contract will come into existence between you and us, subject to paragraph 4.5. 

4.2 If we cannot accept your application. If we are unable to accept your application for membership, we will inform you of this and will not charge you for our service where you are accessing parts of site for which we charge.

4.3 Your application for subscription and password.  You must treat user name and password as confidential. You must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. Please refer to paragraph 15 for further information. 

4.4 Automatic renewal of your subscription. The length of your subscription will be that selected by you when you submit your application. At the end of your selected subscription term, your subscription to our site will automatically renew for the same duration again. We will contact you within a reasonable time before the expiry of your subscription to remind you that your subscription is due to renew and to let you know what to do if you do not wish to renew it. We reserve the right to carry out further suitability and verification checks on you as detailed below on each renewal. 

4.5 Suitability and identity verification.  We will use personal information provided to us by you in order to carry out identity and background checks on you. To do this we will use online service providers to carry out electronic identity verification and background checks and searches.

5. Our rights to make changes to our site and service

5.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5.2 Minor changes to our service. We may change our service: 

(a) to reflect changes in relevant laws and regulatory requirements; 

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of our service;

(c) to reflect changes implemented by any third party to resources or content provided in connection with our service.

6. Providing our subscription service 

6.1 Ongoing services subscription. Where you have subscribed for our premium service, we will supply the services to you until either your subscription expires (if applicable) or you end the contract as described in paragraph 7, or we end the contract by written notice to you as described in paragraph 9.

6.2 We are not responsible for delays outside our control. If our supply of or access to our service is delayed by an event outside our control (including without limitation technical failures in connection with our site or websites or content available or provided by a third party) then we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any our service you have paid for but not received.

6.3 What will happen if you do not give required information to us or adverse information is obtained. We may need certain information from you or to obtain information from third parties so that we can supply our service to you or determine if you are eligible to subscribe. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, or if we obtain adverse information about you from third parties and we consider that it is not in the best interests of other users that you subscribe, we may end the contract (and paragraph 9 will apply). We will not be responsible for not supplying any part of our service if this is caused by you not giving us the information we need within a reasonable time of us asking for it or if information is obtained from third parties that means we decide to suspend or terminate your use of our service in the interests of other users or protection of the public. 

6.4 Reasons we may suspend your subscription. We may have to suspend the supply of our service to:

(a) deal with technical problems or make minor technical changes;

(b) update our service to reflect changes in relevant laws and regulatory requirements;

(c) make changes to our service as requested by you or notified by us to you.

6.5 Your rights if we suspend the subscription service. We will contact you in advance to tell you we will be suspending supply of our service, unless the problem is urgent or an emergency. You may contact us to end the contract for your subscription if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for our service in respect of the period after you end the contract.  Alternatively, we may offer you an extension to your subscription without charge in the event that you decide not to end the contract.

6.6 We may also suspend supply of our service if you do not pay. If you do not pay us for our service when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend your subscription  until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our service to you. We will not suspend our service where you dispute the unpaid amount. We will not charge you during the period that your access to our site is suspended. As well as suspending our service we can also charge you interest on your overdue payments.

7 Your rights to end your premium subscription contract

7.1 You can always end your contract with us.  Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:

(a) If our service has been described incorrectly, you may have a legal right to end the contract (or to get some or all of your money back);

(b) If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 7.2;

(c) If you have just changed your mind, see paragraph 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 7.6.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any our service which have not been provided. The reasons are:

(a) we have told you about an error in the price or description of our service and you do not wish to proceed;

(b) there is a risk that supply of our service may be significantly delayed because of events outside our control; 

(c) we have suspended supply of our service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or

(d) you have a legal right to end the contract because of something we have done wrong. 

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund if you are dealing with us as a consumer.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

7.4 When you don't have the right to change your mind.  You do not have a right to change your mind in respect of our services, once these have been completed, even if the cancellation period is still running.

7.5 How long do I have to change my mind. You have 14 days after the day we email you to confirm we accept your application for subscription. However, once we have completed the services or subscription period you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see paragraph 7.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until at least 1 complete calendar month has expired after the day on which you contact us. We will refund any advance payment you have made for our service which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply our service until 31 March. We will only charge you for supplying our service up to 31 March and will refund any sums you have paid in advance for the supply of our service after 31 March.

8. How to end your premium subscription contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

(a) Phone or email. Call us on + 44(0) 1892 337225 or by emailing us at help@closetohand.co.uk. . Please provide your name, home address, details of the application for membership and, where available, your phone number and email address. 

(b) Online. Complete the form at the end of these terms and email or post it to us.

8.2 How we will refund you.  We will refund you the price you paid for our service by the method you used for payment. However, we may make deductions from the price, as described below.

8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract (i.e. the full subscription term).

8.4 When your refund will be made. We will make any refunds due to you as soon as possible, usually within 14 days of your telling us you have changed your mind

9. Our rights to end your premium subscription contract or withdraw our site

9.1 We may end your subscription contract. We may end the subscription contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our service;

(c) we discover that you do not meet the eligibility criteria for the supply by us of our service to you, or otherwise breach our terms of use, or we obtain information  from third parties that means we decide to suspend or terminate your use of our service in the interests of other users or protection of the public.

9.2 You must compensate us if you break the contract or adverse information is obtained about you. If we end your subscription contract in the situations set out in paragraph 9.1 we will refund any money you have paid in advance for our service we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract and the costs incurred by us in carrying out background checks.

9.3 We may withdraw our service. We may write to you to let you know that we are going to stop providing our service. We will let you know at least one month in advance of our stopping the supply of our service and will refund any sums you have paid in advance for our service which will not be provided.  In cases where we reasonably believe you have not adhered to our terms, paragraph 9.1 shall apply and we may withdraw our service from you immediately on notice.

10. Subscription price and payment

10.1 Where to find the price for our subscription service. The price of our service (which includes VAT) will be the price indicated on the subscriber application pages. We take reasonable care to ensure that the price of our service advised to you is correct. However please see paragraph 10.3 for what happens if we discover an error in the price of our service.

10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your application and the date we supply our service, we will adjust the rate of VAT that you pay, unless you have already paid for our service in full before the change in the rate of VAT takes effect.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, our service may be incorrectly priced. If our service's correct price at your application date is higher than the price stated to you, we will contact you for your instructions before we accept your subscription application.

10.4 When you must pay and how you must pay. We accept payment by debit or credit card via our site.  You must make an advance payment of not less than one month’s subscription of for the services, or such other subscription term as you selected, before we start providing the services. Where you have agreed to pay for services monthly we will invoice you for the balance of the price of the services in advance each month for the service. 

10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 

10.6 What to do if you think our charges are wrong. If you think are charges are wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Users of our site and disputes 

11.1 Our site is directed and is only intended for use by people resident in the United Kingdom we do not represent or warrant that our site of the content on or available via our site is appropriate for use or available outside the United Kingdom. 

11.2 You may register on our site as a Home Helper (Home Helper) or a prospective client of a Home Helper (Client). In both cases, you warrant that you are based in the United Kingdom and you are at least 18 years old. You agree that you will not create multiple accounts with us. 

11.3 Where you are a Home Helper you warrant that all services provided by you will comply with all relevant legislation and regulations relevant to the services that you have agreed to supply. 

11.4 In the event of any dispute arising between a Home Helper and a Client, the parties are responsible for resolving any such dispute directly. We shall not be party to any disputes and shall not be obliged to resolve any disputes.

12. User responsibilities and identification   

12.1 We use an online customer identity service to verify the identity of all Premium Home Helpers with various public databases. We use an online background check to clear every Premium Home Helper before their profile goes live on our site. This is a screening for Sanctions, Watch lists, PEPs and Adverse Media. We do not perform a Disclosure and Barring Service check (DBS) on Home Helpers. You should be aware that such checks and verification are based on information available as at the date the relevant check is carried out. 

12.2 Except for the checks carried out as described in paragraph 12.1, we do not verify the identify or any information provided by Home Helpers or Clients (including without limitation qualifications, the experience or suitability of Home Helpers) nor do we carry out any other kind of background or safeguarding checks. Information on our site about any Home Helper or Client should not be taken as complete, accurate, up-to-date or conclusive the individual’s suitability or history. Home Helpers and Clients are solely responsible for carrying out such checks and verification as they deem appropriate. A non-exhaustive list of recommended verification that should be undertaken is suggested below. 

12.3 For Clients, the verification of the suitability of a Home Helper may include: 

(a) Interviewing Home Helpers with a friend or family member present.

(b) Verifying a Home Helper’s identity with photographic ID.

(c) Asking for proof of experience, training or qualifications where appropriate.

(d) Requesting and following up on references provided by any Home Helper.

(e) Checking eligibility of entitlement to work in the UK without any additional approvals.

(f) Request a valid and up to date DBS certificate. 

12.4 Clients are solely responsible for interviewing and verifying the identity of Home Helpers and agreeing their terms of engagement where appropriate. 

12.5 For Home Helpers, guidance and tips for keeping safe while working alone is available on our site. 

13. Accessing our site

13.1 Access to parts of our site may be made available free of charge. Access to other parts of our site and functions on our site such as those relating premium membership are charged for.  We reserve the right to charge for access to our entire site or parts of our site, but we will contact you before charging to confirm if you would like continuing using our site or the relevant parts of our site that we propose to change for. 

13.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

13.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

13.4 In relation to certain features on our site, such as blogs, forums, notice boards and market places, we do not warrant or represent that content available on or through our site is appropriate, or should be available in other locations, or complies with any laws or regulations of jurisdictions other than those of the United Kingdom. If any contact on our site does not comply with any laws or regulations of jurisdictions other than those of the United Kingdom, our site should not be accessed by persons in that jurisdiction.  We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

14. Request for information by law enforcement or governmental authorities

You consent to us passing your personal information and data to any law enforcement or governmental authorities that request it. 

15. Your account and password

15.1 If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

15.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

15.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us immediately.

16. Our status 

16.1 We act as an online advertising and networking platform for Clients and Home Helpers. We do not supply the services of any Home Helpers and do not act as an agent of any Home Helper or Client. We are not a party to the contractual relationship between any Home Helper and the Client (whether an oral, written or other contract). It is up to you to ensure that you agree and are satisfied with the terms of appointment between the Client and Home Helper. 

16.2 We do not assume any responsibility for services provided between Clients and Home Helpers or any other third party suppliers or any statements made by them and we make no representations or warranties, whether express or implied, about the suitability or quality of any services or goods supplied by any Home Helper. 

16.3 We do not endorse any information, comments, opinions or reviews on our site and we do not review their accuracy or content. We reserve the right to remove any information, comments, opinions, reviews or other material from our site at any time without notice. 

17. Intellectual property rights

17.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

17.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

17.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

17.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

17.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

17.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18. No reliance on information

18.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

18.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

19. Limitation of our liability

19.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

19.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 

19.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our site; or

(b) use of or reliance on any content displayed on our site. 

19.4 If you are a business user, please note that in particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of business opportunity, goodwill or reputation; or

(d) any indirect or consequential loss or damage.

19.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site 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.

19.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

19.7 We assume no responsibility for the content of websites linked on our site or information posted by users of our site. Such links and information should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

19.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any service by us to you, which will be set out in our terms or engagement.

20. Uploading content to our site

20.1 Whenever you make use of a feature that allows you to upload content or information to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy set out below. 

20.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us on demand for any breach of that warranty. 

20.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

20.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

20.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

20.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

20.7 The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.

21. Viruses

21.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

21.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

22. Linking to our site

22.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

22.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

22.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

23. Third party links and resources in our site

Where our site 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.

24. Acceptable Use

24.1 You may use our site only for lawful purposes.  You may not use our site:

(a) In any way that breaches any applicable local, national or international law or regulation.

(b) In any way that is unlawful, fraudulent or deceitful, or has any unlawful, fraudulent or deceitful purpose or effect.

(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

(d) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

(e) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

24.2 You also agree:

(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

(b) Not to access without authority, interfere with, damage or disrupt:

(i) any part of our site;

(ii) any equipment or network on which our site is stored; 

(iii) any software used in the provision of our site; or 

(iv) any equipment or network or software owned or used by any third party.

24.3 We may from time to time provide interactive services on our site, including, without limitation, chat rooms, bulletin boards, blogs, forums, notice boards and market place information services (interactive services).

24.5 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

24.5 Content standards apply to any and all material and information which you contribute to our site (contributions), and to any interactive services associated with it. 

24.6 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

24.7 Contributions must be accurate (where they state facts), be genuinely held (where they state opinions), comply with applicable law in the UK and in any country from which they are posted. 

24.8 Contributions must not:

(a) Contain any material which is defamatory of any person.

(b) Contain any material which is obscene, offensive, hateful or inflammatory.

(c) Promote sexually explicit material.

(d) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(e) Infringe any copyright, database right or trade mark of any other person.

(f) Be likely to deceive any person.

(g) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(h) Promote any illegal activity.

(i) Give the impression that they emanate from us, if this is not the case.

(j) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, computer misuse or breach of financial promotion, investment or securities laws, orders or regulations of any jurisdiction.

24.9 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.  

24.10 We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

25. Applicable law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

26. Contact us

To contact us, please email hello@closetohand.co.uk

Thank you for visiting our site.