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Privacy Policy

We respect your privacy, and we are committed to protecting your personal data. We want to inform you about what personal data is collected when you use both our website and products, how your data is processed and the rights you have regarding your data. We have summarised this information for you in the privacy policy below.

1. Introduction

This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you through the use of our services or the use of our website www.costofcaretoolkit.co.uk, how that information may be used or disclosed by us and the safeguards we use to protect it.

Our Website and Services may contain links to third party websites that are not covered by this Privacy Policy. We do not control content which is accessible via third-party links to content and we are not responsible for their privacy statements. We therefore ask you to review the privacy statements of other websites and applications to understand their information practices. If you have concerns about how such websites process your personal data you should contact them directly.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it so that you are fully aware of how and why we are using your personal data. By using or accessing our Website or the Services, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Services is deemed to be acceptance of such changes, so please check periodically for updates.

Please check back regularly to keep informed of updates to this Privacy Policy. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our Website. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

​You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current.

It is important that the personal data we hold about you is up-to-date and accurate. Please keep us informed if your personal data changes during your relationship with us.

Our UK Data Protection Officer is Peter Clarke. If you have any questions or comments about this Privacy Policy, including any including any requests to exercise your legal rights please email them to support@costofcaretoolkit.co.uk.

2. Who we are

ARCC HR Ltd may collect personal data from users of this site through various forms.  Our details are as follows:

 

Company Name: ARCC HR Ltd.

Registered Address: C/O Bradshaws Ltd, Charter Court 2 Well House Barns, Chester Road, Bretton, Chester, United Kingdom, CH4 0DH

Website: https://www.arcc-hr.co.uk/

Nominated Representative: John Campbell, Director.

 

We are the data controller in relation to this personal data which we collect from you.

We respect your right to privacy and will only process personal information about you or provided by you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), (ii) the Data Protection Act 2018 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the UK GDPR or the Data Protection Act 2018 and other applicable privacy laws.

3. What we may collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).  We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.

    Contact Data includes billing address, invoicing address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details

  • Transaction Data includes details about payments and other details of the Services you have purchased from us.

  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.

  • Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.

  • Usage Data includes information about how you use our Website and Services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

  • Interaction Data includes any information that you might provide to any discussion forums on the Website.

  • Cookies Data like many websites, we use cookies; to enhance your experience and gather information about visitors and visits to our websites. Please refer to the ‘do we use cookies?’ section below for information about cookies and how we use them and what kind.

  • Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.

  • Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. Under UK GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following bases applies:

a) You have given consent to the processing of your personal data for one or more specific purposes;

b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

c) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

If you provide personal information to us about another data subject, you are responsible for ensuring that you have their consent to provide that data for the uses set out in this Privacy Policy and for bringing this Privacy Policy to their attention.

4. How we may collect and use your data

We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:


Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

a) present Website content;

b) use any of our Services;

c) create an account on our Website;

d) subscribe to our Services or publications;

e) request marketing to be sent to you;

f) enter a competition, promotion or survey; or

g) give us some feedback.

In addition to the above, we may use the information in the following ways:

a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.

b) To administer a contest, promotion, survey or other site feature.

c) If you have consented to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

d) Present Website content effectively to you.

e) Provide information, and services that you request, or (with your consent) which we think may interest you.

f) Carry out our contracts with you.

g) Provide the relevant Services to you

h) Tell you our charges.

 

If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.  If you are a new customer, you will only be contacted if you agree to it.

We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.

In addition, if you don't want us to use your personal data for any of the other reasons set out in this Section 4, you can let us know at any time by contacting us at support@costofcaretoolkit.co.uk, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the  services we can provide you if you don’t provide your personal data in these cases. If you fail to provide that personal data when requested, it may mean that we are unable to perform the contract we hold with you.  Please see below a non-exhaustive, illustrative list of the purposes for which we may process your personal data.

 

- to inform users of our products and services;

- to update users when content has been added or changed on the website;

- to invite users to take part in events or surveys published relating to the website's content

- to request feedback regarding website content, resources or products and services offered by (the website).

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

a) Where we need to perform the contract we are about to enter into or have entered into with you.

b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

c) Where we need to comply with a legal or regulatory obligation, for example compliance with health and safety, tax, or other statutory obligations.

 

Please note that the terms ‘legitimate interests’ and ‘fundamental rights’ carry the meanings given to them under UK GDPR laws.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at support@costofcaretoolkit.co.uk, and we will either delete your data from our systems or move your data to section which does not receive marketing communications. However, you acknowledge this will limit our ability to provide the best possible services to you.

As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the UK GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended. Please also see section 8 below which set out ‘Your legal rights’ under this Privacy Policy.

5. Cookies

All Cookies used by and on our website are used in accordance with current UK Cookie Law.  We use cookies to distinguish users and improve our Website. You can adjust your browser settings to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies used by us, please note that some parts of this website may become inaccessible and/ or no longer function properly.

6. Where we store your data and security

We may transfer your collected data to storage outside the UK. It may be processed outside the UK to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the UK, we will take all reasonable steps to ensure that your data is treated as safely and

securely as it would be within the UK and under the UK GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the UK if it is necessary for us to do so.

Please contact us if you wish to receive further information on the specific mechanism used by us when transferring your personal data outside of the UK. Our website is hosted by Wix. You will find further information in Section 5 of their privacy policy talks about where data is stored/processed: https://www.wix.com/about/privacy. See also https://support.wix.com/en/article/gdpr-frequently-asked-questions.

Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. ​By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure. We have implemented security measures such as a firewall to protect any data and maintain a high level of security.​ Any payments made by you, will be encrypted.

Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it.

Data Retention

 

We will keep personal data for as long as is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements which is usually the life of our relationship and up to a period of seven years after our relationship with you has ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

To determine the appropriate retention period for personal data, we consider a number of factors namely amount, nature and sensitivity of the personal data, the potential risk of harm in the event of unauthorised use or disclosure of your personal data, the purpose or purposes for which we process your personal data and also whether those purposes can be achieved through other means. We also take due account of the applicable legal, regulatory, tax, accounting or other requirements.

 

You may also ask us to delete your data at any time: see Section 8 ‘your legal rights’ below for further information.

We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. We may hold this anonymised data without limitation of time.

7. Disclosing your information

We are allowed to disclose your information in the following cases:

a) If we want to sell our business, or our company, we can disclose it to the potential buyer.

b) We can disclose it to other businesses in our group.

c) We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.

d) We can exchange information with others to protect against fraud or credit risks.

Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under UK GDPR and the law. Any third party that we share data with will not be permitted to use it for any other purpose than fulfilling their contract with us.

 

8. Your legal rights

 

When you submit information via our Website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy.

 

Under the UK GDPR, you have the right to:

  • request access to, deletion of or correction of, your personal data held by us at no cost to you;

  • request that your personal data be transferred to another person (data portability);

  • be informed of what data processing is taking place;

  • restrict processing;

  • to object to processing of your personal data; and

  • complain to a supervisory authority.

You also have rights with respect to automated decision-making and profiling as set out in Section 11 below.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

Fees

Ordinarily we do not charge any fee to allow you to exercise any of your legal rights. Please note that we do, however, reserve the right exceptionally to charge a fee if your request is unfounded, repetitive or excessive. We also reserve the right decline to comply with your request where these circumstances apply.

Information we may need you to provide

We may need to request specific information from you to help us confirm your identity and ensure your right exercise any of your legal rights). This is a security measure to ensure that personal data is not disclosed to any person who has no entitled to receive it.

Time limits responding to requests

We try to respond to a request within one month of its receipt. It may occasionally take us longer than a month to respond, for example, if your request is particularly complicated. We will notify you where this is the case and keep you regularly updated on progress of the request.

To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at support@costofcaretoolkit.co.uk

9. Links to other sites

 

Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

 

10. Changes

 

If we change our Privacy Policy, we will post the changes on this page so please check this page for our current policy.

 

11. Automated Decision-Making and Profiling

 

In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under UK GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

The right described above does not apply in the following circumstances:

a) the decision is necessary for the entry into, or performance of, a contract between the you and us;

b) the decision is authorised by law; or

c) you have given you explicit consent.

 

Where we use your personal data for profiling purposes, the following shall apply:

a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;

b) Appropriate mathematical or statistical procedures will be used;

c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and

d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

 

12. Terms and Conditions

 

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website.

 

13. Your agreement

 

By using our Website and by way of acknowledgment, you agree to our Privacy Policy.

 

14. Dispute Resolution

 

We will use our best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

 

Any dispute shall not affect our ongoing obligations under this Privacy Policy.

 

This Privacy Policy and any dispute or claim relating to or connected with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to any disputes or claims relating to or connected with this Privacy Policy (including non-contractual disputes or claims).

Terms of Use

Use of this Website and our Services by You is done in accordance with the following terms of use.

Terms of Use
1. Introduction

 

These terms and conditions set out the rules that apply to your access and use of our website carehomecost.co.uk (“this site”). 

 

This is a copyrighted work belonging to ARCC HR Ltd.  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

 

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site.  By logging into and/or using this site, you confirm that you accept these terms of use and that you have the authority and capacity and agree to comply with them. If you do not agree to these terms, you must not use this site.

2. Other applicable terms

These terms refer to the following additional terms, which may also apply to your use of this site:

  • Our Privacy Policy.  See further under “How we may collect and use your data”.

3. Availability of this site

This site is made available free of charge and is directed to people residing in the United Kingdom. We do not represent that content available on or through this site is appropriate for use or available in other locations.

4. Access to the Site

 

Subject to these Terms. ARCC HR Ltd grants the user a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.

Restrictions. The rights granted above are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

We reserve the right to change, suspend, or cease to operate the Site with or without notice to you. You accept that We will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that We will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including but not limited copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Note that these Terms and Your rights of access to the Site does not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in this Section 3. We and our suppliers reserve all rights not expressly granted in these Terms.

5. Accounts

 

Account Creation.  For you to use certain features of the Site, you are required to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site.  We may suspend or terminate your Account in accordance with Section 9.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You undertake to immediately notify Us of any unauthorized use, or suspected unauthorised use of your Account.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements and disclaim all liability to You in respect of any such loss or damages to the fullest extent permissible in law.

6. No reliance on information on this site

The content on this Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Site.  Although we make reasonable efforts to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on this Site is accurate, complete or up-to-date.

7. Use of material

We are the owner or the licensee of all intellectual property rights in this site, and in the material published on it. All such rights are reserved solely and exclusively to Us. You may print off one copy, and may download extracts, of any page(s) from this Site for your personal, non-commercial use only and you may draw the attention of others within your organisation to content posted on this site. You must always acknowledge our status (and that of any identified contributors) as the authors of content on this Site.

You must not use any part of the content on this Site for commercial purposes without obtaining a written licence to do so from Us or our licensors.

 

If you act in breach of these terms, without prejudice to our right to take other action against You for infringement of our rights, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. User content

 

This Site may include information and materials uploaded by other users of the Site, including customer reviews. This information and these materials have not been verified or approved by Us. The views expressed by other users on this Site do not represent our views or values and or in no way provided, sponsored or endorsed by Us.  If you wish to complain about content uploaded by other users, please contact us using our contact details above.

User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy. If you are concerned that any User Content uploaded to our Site breaches our Acceptable Use Policy you may report these concerns by emailing us at [insert email address].

 

You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Us.  You alone are responsible for your User Content. We are not obliged to backup any User Content that you post to the Site and we may delete your User Content at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Us an irrevocable , non-exclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irreversibly waive to the fullest extent permissible in law any claims and assertions of moral rights including the right of attribution with respect to your User Content.

9. Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

 

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.

If you provide Us with any feedback or suggestions regarding the Site (“Feedback”), you hereby   grant us an irrevocable, royalty-free right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  We will treat any Feedback you provide to Company as non-confidential and non-proprietary.

 

You agree to indemnify and hold  Us our officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms of Use, (c) your violation of applicable laws or regulations or (d) your posting of User Content on the Site.  Company reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims at your own expense. You agree not to settle any matter in respect of which this indemnity applies without Our prior written consent.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You may use Our Site only for lawful purposes. You must not do any of the following:

  • Misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorised access to this Site, the server on which this site is stored or any server, computer or database connected to this site.

  • Attack this site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 and/or other applicable legislation and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.

You also agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

10. Our liability

 

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

 

Applicable to consumers and business users of this site:

  • 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 and for fraud or fraudulent misrepresentation and, in the case of consumers any rights afforded to you under applicable consumer legislation.

 

Applicable to business users of this site:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to this site or any content on it.

  • We will not be liable to you 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:

    • use of, or inability to use, this site; or

    • use of or reliance on any content displayed on this site.

  • In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;

    • business interruption;

    • loss of anticipated savings;

    • loss of business opportunity, goodwill or reputation; or

    • any indirect or consequential loss or damage.

 

Applicable to consumer users of this site:

  • Please note that we only provide this site for domestic and private use. You agree not to use this 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.

11. Third party websites

 

Where this 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 approved by Us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources.

Third-Party Links & Ads. This Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under Our control, and We are not responsible for any Third-Party Links & Ads.  We provide access to these Third-Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.

 

You use all Third-Party Links & Ads entirely at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.

 

Other users. Each Site user is solely responsible for any and all of its own User Content.  We do not control User Content, and you acknowledge and agree that We are not responsible for any and have no liability for any User Content, whether provided by you or by others.  You agree that We will not be liable to you for any loss or damage incurred by you as the result of any your use of the Site including User Content. If there is a dispute between you and any Site user, we are under no obligation to become involved.

12. Changes and our right to suspend or withdraw

We may update and change this Site from time to time to reflect changes to our products, our users' needs and our business priorities.

We do not guarantee that this Site, or any content on it, will always be available or operate with interruption. We may suspend or withdraw or restrict the availability of all or any part of this Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal although we are not obliged to do so.

 

You are also responsible for ensuring that all persons who access this 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. Linking to this site

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.

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 this site in any website that is not owned by you. This site must not be framed on any other site.

 

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with any acceptable content standards we may set from time to time.

If you wish to link to or make any use of content on this site other than that set out above, please contact support@costofcaretoolkit.co.uk.

14. Use of your personal information 

We will only use your personal information as set out in our Privacy Policy.

15. Transfer of the agreement 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16. Changes to these terms

We amend these terms from time to time. Every time you wish to use this site, please check these terms to ensure you understand the terms that apply at that time.

17. Proprietary rights

You are not permitted to use any of our trademarks (whether registered or not) without our approval, unless they are part of material you are using as permitted under the section “Use of material on this site” above.

18. Disputes and governing law

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law.  In relation to any disputes or claims which arise (whether contractual or non-contractual) in relation to these Terms of Use, the courts of England and Wales shall  have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Use, their subject matter and their formation (and any disputes or claims which arise whether contractual or non-contractual) are governed by English law and We both agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

19. Disclaimers

 

The Site is provided on an “as-is” and “as available” basis, We and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement (in the case of consumer Users this disclaimer shall remain subject to any rights afforded to you under consumer protection law). We and our suppliers give no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

20. Limitation on Liability

 

To the maximum extent permitted by law, in no event shall  We or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if We have been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

21. Term and Termination

 

These Terms of Use will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  We will not have any liability whatsoever to you for any termination of your rights under these Terms of Use.  Even after your rights under these Terms of Use are terminated, the following provisions of these Terms of Use will remain in effect: Sections 2 to 2.5 inclusive, Section 3 and Sections 4 to 10 inclusive.

 

22. Copyright Policy

We respect the intellectual property of others and ask that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyright rights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please submit the following information in the form of a written notification:

 

  • your physical or electronic signature;

  • identification of the copyrighted work(s) that you claim to have been infringed;

  • identification of the material on our services that you claim is infringing and that you request us to remove;

  • sufficient information to permit us to locate such material;

  • your address, telephone number, and e-mail address;

  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

This website and its content is copyright of ARCC HR Ltd - © ARCC HR Ltd 2022. All rights reserved.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only

  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

 

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

23. Contact Information

This site is operated by ARCC HR Ltd.  We are registered in England and Wales under company number 09859800.

To contact us, please email enquiries@arcc-hr.co.uk.

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