ASM Care Seekers Terms and Conditions

Last Updated 7th November, 2024

These terms set the rules for using our website caremarketplace.co.uk ("our Website").

Please read these Terms AND CONDITIONS carefully and ensure that you understand them before ordering any Services from Our Website. 

IF YOU DO NOT AGREE TO THE TERMS BELOW, YOU MUST NOT USE OUR WEBSITE.

YOUR PARTICULAR ATTENTION IS DRAWN TO THE DISCLAIMERS AT CLAUSES 3 AND 4. FOR THE AVOIDANCE OF ANY DOUBT, ASM IS NOT A CARE PROVIDER AND AS SUCH ASM IS NOT REQUIRED TO REGISTER ITSELF WITH THE CARE QUALITY COMMISSION (CQC).

THESE TERMS AND CONDITIONS MUST BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY AND COOKIE POLICY.

1.                   These Terms and Conditions

1.1               These are the Terms and Conditions on which we supply our Services to you.

1.2               Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.

2.                   Interpretation

The terms in these Terms and Conditions are defined as follows:

"ASM", "we", "our "or "us" means ASM Ltd, a company incorporated and registered in England and Wales with company registration number 15270298. Address: Flat 16, 93 Greencroft Gardens, NW6 3PG, London, United Kingdom.

Business means any business, trade, craft or profession carried on by you or any other person or organisation.

Care Services means the provision of personal care to adults the exact details of which shall be discussed directly between the Care Seekers and Care Providers.

Care Seeker means a User that is active and/or registered on the Marketplace for the purpose of creating a requirement for care either for themselves or on behalf of someone, receiving Offers of Care Services via our Website to meet their requirement for care.

Care Provider means an individual or an organisation that is registered on our Website as a provider of Care Services to send Offers to provide Care Services to Care Seekers via our Website.

Consumer means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Contractor who receives Services for their personal use and for purposes wholly or mainly outside the purposes of any Business.

Need means Care Seeker entering a care need on the Marketplace which become visible to Care Providers.

Location means the physical address of the place entered by the Care Seekers where the Care Seekers require the care to be delivered and/or received.

Model Cancellation Form means the model cancellation form attached as Schedule 1.

Order means Your initial request for Us to provide the Services via our Website.

Services: means our price comparison website located at caremarketplace.co.uk enabling Care Seekers to connect with Care Providers.

Terms and Conditions: means these terms and conditions as amended by us from time to time.

Website: has the meaning given to it in clause 2.3.

"Writing" includes emails. When we use the words "writing" or "written" in these Terms and Conditions, this includes emails.

2.              Information about us, regulation and how to contact us

2.1               Company details. Adult Social Care Marketplace Ltd (company number: 15270298) (we and us) is a company registered in England and Wales and our registered office is at: Flat 16, 93 Greencroft Gardens, NW6 3PG, London, United Kingdom. We operate the website: caremarketplace.co.uk (our ‘Website’). 

2.2               Contacting us. To contact us, telephone our customer service team at: 07881514906 or email us at: operations@caremarketplace.co.uk. 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 provide to us when creating your account.

2.3               Professional indemnity insurance. We maintain public liability insurance and employer's liability insurance . Our compulsory insurer is AXA Uk Plc of 20 Gracechurch Street, London, EC3V 0BG.

3.                   Your use of our Website and Services – YOUR PARTICULAR ATTENTION IS DRAWN TO THIS CLAUSE

3.1               Our price comparison Services requires you to input various information about the care services you require. The range of services, products, Care Providers and prices displayed to you shall be based on the responses provided by you.

3.2               The prices for care services are determined by the Care Provider directly and not be ASM. The prices are, therefore, subject to change and beyond our control.

3.3               ASM makes no warranty that its Website shall remain uninterrupted or available at all times nor does it make any warranty that its Website is free of any viruses, adware, malware, bit torrents, or other items or errors which may have an adverse effect on any of the Website and/or their operation.

3.4               You may be entitled to negotiate prices with the Care Provider. However, any negotiations must take place with the Care Provider directly and shall not concern ASM.

3.5               Our Website shall provide questionnaires to evaluate your requirements for our Services. We may ask for such other information as may be necessary and/or appropriate including in respect of your medical history in order to determine which Services and/or Care Provider (if any) to suggest as suitable to provide the Care services to you.

3.6               You are responsible and liable for ensuring that the information you provide is complete, true and accurate. We will have no responsibility or liability whatsoever for checking the validity or accuracy of any information you provide when creating an account, placing an Order or otherwise. You understand and accept that by providing false, inaccurate, incomplete or misleading information at any time when using our Website, or interacting with any Care Providers.

3.7               The Care Provider is solely responsible and liable for ensuring that it is suitable to meet the Care Seeker’s Requirements. ASM shall have no liability whatsoever for any incompatibility or unsuitability between the Care Provider and the Care Seeker or the Care Seeker’s Requirements.

3.8               If you are acting on behalf of a third party, you will be unable to use our Services until we have received a copy of a valid, subsisting and enforceable Power of Attorney.

3.9               We reserve our rights entirely to terminate, cancel or suspend our Services or the supply of any Services at any time and without any notice or explanation to you including, without limitation, where we suspect that you are providing incomplete, false or inaccurate information or where you do not have enough information or knowledge for us to determine which Services, you require or where we believe it is not in your best interests to receive the Services or where you are unable to supply us with a Power of Attorney in accordance with clause 3.3 above.

3.10           All information supplied to us shall be confidential except where we are obliged to disclose the information by law or to another medical practitioner including, without limitation, where we believe or suspect that the Services may be used to harm yourself, another or for illegal, inhumane or immoral purposes.

3.11           We are not responsible for ensuring that the Care Provider booked by you is suitable for your needs. You must ensure this is the case prior to making your booking, if necessary, by seeking advice from your GP or another medical professional.

3.12           For the avoidance of any doubt, ASM does not:

(a)           provide any care services itself; or

(b)           provide healthcare or medical advice.

3.13           ASM merely acts as an introducer between Care Seekers and Care Providers.  ASM is not a broker. It is a price comparison service only that can be used to find out whether you could save money on care services.

3.14           We rely on you as the Care Seeker, to accurately describe your requirements for any care services for which they invite tenders from Care Providers through the Services. We cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.

3.15           When you invite Care Providers to tender for Care Services through the Service, we cannot and do not guarantee that you will receive any responses or that, if you do, any Care Provider that does respond will be suitable or able to undertake that Care Service.

3.16           We shall not share your data or details with any Care Providers unless you provide us with your free and informed consent to do so. By confirming via our Website that you wish to be connected to a particular Care Provider, you will be prompted to provide your consent to share such data.

3.17           We will not share your name or contact details with the Care Provider directly. In order to protect your data and confidential information, we will only share a user ID and details you have provided to us about your care requirements. If you choose to connect with a Care Provider, you will have the opportunity to share your name and further details relating to your requirements and medical history as you choose to disclose. The Care Provider will be responsible for protecting any personal data you share with it under the terms of its own privacy policy with you.

3.18           By using our Site, you warrant that you do not know of any reason as to why you cannot or should not be receiving the Services.

3.19           ASM does not make any representation nor give any warranties regarding any Care Provider’s training, qualifications or skill.

3.20           Except as precluded by law, we are not liable for any loss or damage which results from your failure to comply with this clause 3.

4.                   Relationship with Care Provider – your particular attention is drawn to this clause

4.1               ASM is not affiliated or otherwise connected to the Care Providers. ASM is not an employer of the Care Provider nor their agents, nor does it guarantee to introduce a Care Seeker to a Care Provider.

4.2               ASM does not in any way evaluate, guarantee or recommend any Care Provider or their advice, treatment, information, and opinions or other information or Content listed on or accessible through the Marketplace. Nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Care Provider.

4.3               Neither use of the Marketplace, nor any other communication with ASM shall create a licensed Care Provider /Care Seeker relationship.

4.4               Our Website is not intended or designed to replace any medical emergency services, advice given by your General Practitioner or other healthcare professional nor for the long-term management of any illnesses or conditions (whether or not diagnosed). You understand and acknowledge that the information provided on our Website and the Services are provided to you are based strictly on the information provided by you. Our Website is not designed nor suitable for the diagnosis, treatment, management or long-term planning of any medical emergency, any acute condition or any condition that would otherwise warrant testing, diagnosis or treatment in person or where testing, diagnosis or treatment would be required on an urgent basis. Except as precluded by law, we are not liable for any loss or damage which results from your failure to comply with this clause.

4.5               You are ultimately responsible for choosing your own Care Provider. Any provision of Care Services by the Care Provider to you is directly between you and the Care Provider. You accept and acknowledge that ASM is not a party to such arrangement, booking or contract. The provision of any Care Services by a Care Provider to you shall be governed by the terms of a separate agreement between such parties.

4.6               The telephone numbers provided by ASM, including the contact details on each Care Provider and/or Location listing, are trackable and recorded for billing, quality control and training purposes. By using the telephone numbers on our Marketplace, you acknowledge and agree that the telephone conversation may be recorded and stored by ASM within a secure server located in the UK and European Economic Area (EEA).

4.7               All Care Seekers acknowledge and agree that any complaint, grievance or claim they may have that is in any way connected with a Care Provider and/or Care Provider's practice must be addressed and/or brought directly against the Care Provider and/or the relevant regulatory body and not against ASM.

4.8               We do not endorse or recommend any Care Provider listed on our Website. However, we are not an impartial service as the Care Providers listed on our Website make payment to be displayed on our Website although such Care Providers are not preferentially listed other than by geographical promixmity to you.

4.9               You are strongly advised to perform their own due diligence on the Care Provider prior to selecting it, including, but not limited to, making confirmatory telephone calls to the appropriate licensing or certification authorities (such as the Care Quality Commission, Care Inspectorate Wales and Care Inspectorate depending on the Location) to verify listed credentials and regulatory reporting.

4.10           The information on our Website Care Providers is collated from publicly available sources, and information provided by the relevant Care Providers. We are not responsible for the accuracy of information collated or supplied by third parties.

4.11           Except as precluded by law, we are not liable for any loss or damage which results from your failure to comply with this clause 4.

5.                   Creating an Account

5.1               Before placing an order for our Services you will be required to register an online account with us.

5.2               By using our Website and creating an account, you warrant that you are:

(a)           aged 18 or over;

(b)           you are a consumer as defined under the Consumer Rights Act 2015 and are not a business customer. The Services, Products and Treatments are for your personal use and not for any commercial, business or re-sale purpose. You warrant that you shall not distribute or share any Products and/or Treatments with any third party;

(c)            the Services are for your personal use only and not for any business or commercial purposes except where you are acting by a Power of Attorney; and

(d)           except where you are acting by a Power of Attorney, the Services are personal to you only and you will not allow or permit any other person to access and/or use such Services.

5.3               You agree to notify us immediately if you become aware or suspect any unauthorised use of your account with us.

5.4               You warrant that:

(a)           except where you are acting by a Power of Attorney, any account shall be created for your own purposes and not on behalf of another person on third party; and

(b)           no other party shall have access to your account and that you shall strictly not share any details or access to your account with any third parties.

6.                   Price and payment

6.1               You will be required to pay a one off Fee (which includes VAT) when you first create an account on our Website

6.2               If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.

6.3               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 our bank as notified to you from time to 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.

6.4               If you think an invoice is 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.

7.                   Our rights to make changes

7.1               We may make the following changes to these Terms and Conditions and/or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received.

7.2               Cancellation of Agreement During the Cooling Off Period

7.3               Under the Consumer Rights Act 2015, you have a statutory right to a “cooling off” period.  This period begins once the contract between you and us is formed and ends at the end of fourteen (14) calendar days after that date (the ‘Cooling Off Period’). 

7.4               If You wish to cancel the contract between you and us within the Cooling Off Period you should inform us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to. 

7.5               To meet the cancellation deadline of fourteen (14) days, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the Cooling Off Period has expired.

7.6               If You exercise the right to cancel You will receive a full refund of any amount paid to the us in respect of the contract.

7.7               We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund.

7.8               We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of fourteen (14) days after the day on which We are informed of the cancellation.

7.9               You may make an express request for provision of the Services to begin within the fourteen (14) calendar day Cooling Off Period.  This request forms a normal part of the ordering process.  By making such a request You acknowledge and agree to the following:

(a)           If You cancel this contract after provision of the Services and/or Treatments have begun you will be required to pay for the Services supplied up until the point at which you inform us of your wish to cancel; and

(b)           the amount due will be a fair proportion of the fee.  Any sums that have already been paid for the Services and/or Treatments will be refunded subject to deductions calculated on this basis; and

7.10           We will process any refund within fourteen (14) calendar days after you inform us of your wish to cancel.

7.11           If you cancel the contract after the Services and/or Treatments have already been supplied (even if such cancellation notice should be served during the 14-day cooling off period) then you shall not be entitled to a refund.

7.12           Clause 11 (Cancellation of Agreement During the Cooling Off Period) applies to termination of the Agreement after the fourteen (14) calendar day cooling off period has elapsed and/or where it does not apply.

8.                   Termination

8.1               We may need to terminate the contract due to the unavailability of our Services, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, we will inform you as soon as is reasonably possible.

8.2               We may terminate the contract with immediate effect by giving You written notice if:

(a)           You fail to make a payment on time as required under Clause 5 (Fees and Payment) (this does not affect Our right to charge interest on overdue sums under sub-Clause 5.6);

(b)           You have breached the Agreement in any material way and have failed to remedy that breach within three (3) days of Us asking You in writing to do so;

(c)            You provide us with untrue, incomplete or inaccurate information; or

(d)           We have been unable to provide the Services for more than 4 weeks due to an event outside of Our control (see Clause 16).

8.3               For the purposes of this Clause 15 (Termination) a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

9.                   Events Outside of Our Control (Force Majeure)

9.1               We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: an epidemic or pandemic or any Government, local authority or agencies response, guidance and/or laws passed as a result of any epidemic or pandemic including, without limitation, any lockdown measures, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .

9.2               If any event described under this Clause 16 (Events Outside Our Control (Force Majeure) occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

(a)           we will inform you as soon as is reasonably possible;

(b)           our obligations under the contract will be suspended and any time limits that e are bound by will be extended accordingly;

(c)            we will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

(d)           you or we may terminate the Agreement.

10.               Regulations and Information

10.1           We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself in the Agreement for You to see, or We will make it available to You before the Agreement is signed. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

10.2           As required by the Regulations:

(a)           all of the information described in Clause 17.1 (Regulations and Information); and

(b)           any other information which We give to You about the Services, or about Us or Our business which you take into account when deciding to accept Schedule 1 and sign the Agreement, or when making any other decision about the Services,

will be a part of the terms of Our contract with You as a Consumer.

11.               Our responsibility for loss or damage suffered by you (Limitation of Liability clause): YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

11.1           If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2           Notwithstanding clause 12.1, 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 employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised in these Terms and Conditions.

11.3           We only supply the Treatments for private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4           The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use.

11.5           To the full extent allowed by applicable law and without prejudice to clause 12.2, you agree that we will not be liable to you or any third party for any consequential or incidental damages including, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy, loss of goodwill and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

11.6           We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £2,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover that we have been able to arrange.

11.7           You accept and acknowledge that nothing on our Website or as described as part of our Services constitutes or replaces any medical advice nor can be relied on as medical advice. You warrant that you will:

(a)           obtain and consult medical advice from your general practitioner or other medical professional before relying upon on our Services;

(b)           carry out your own due diligence to your own satisfaction on the Care Providers to ensure the suitability of the Care Provider; and

(c)            fully disclose to us all medical conditions, medical treatment, medicines and any other matters which may affect you receipt of our Services.

11.8           You also accept and acknowledge that any advice provided during our Services are a recommendation only.  Accordingly, we shall have no responsibility or liability for detecting, diagnosing or treating any medical conditions, for recommending that you seek medical advice, for referring you to any medical or other specialist or for any treatment or diagnoses advised to you by any medical professional following our treatments.

11.9           We provide no warranty, guarantee or representation whatsoever as to the suitability or performance of any of the Services provided by us.

11.10        We shall have no liability or responsibility whatsoever for your failure to comply with the terms of this clause 12. However, nothing in the clause 12 seeks to exclude or limit our liability under clause 12.2.

12.               How we may use your personal information

12.1           We will only use your personal information as set out in our Privacy Policy https://caremarketplace.co.uk/privacy

13.               Other important terms

13.1           We may transfer our rights and obligations under these Terms and Conditions to another organisation.

13.2           You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.

13.3           This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4           Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5           If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

13.6           These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in this clause takes away from or reduces your legal rights as a consumer.

14.               Care Provider Restrictions

For the purposes of this clause 14, following restrictions are placed on Care Providers you engage through us.

14.1           In order to protect the legitimate business interests of ASM, Care Providers covenant with ASM that they shall not at any time after termination or expiry of this Agreement, say anything which may be harmful to the reputation of the business of ASM, whether defamatory or otherwise.

14.2           Care Providers undertake that, other than in concert with ASM or with ASM’s express prior written approval, it shall not, directly or indirectly:

(a)           Pursue the Care Seeker to secure work outside of the Website;

(b)           request or agree accept any offer of reduce its pricing or offer any other incentives for any Care Services or other by engaging the Care Provider outside of the Website;

(c)            induce, solicit, procure or otherwise encourage any third party to pursue the work outside of the Website; or

(d)        seek, encourage or respond to any approach from any third party to pursue the work outside of the Website.

15.               Complaints

15.1           We hope that you will be satisfied with our Services. However, if a problem arises or you are dissatisfied with the Services, please provide us with written details of your complaint addressed to operations@caremarketplace.co.uk.

15.2           We will seek to respond to your complaint within one month.

15.3           Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution (CEDR) - they will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

Schedule 1               Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following Service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.