1 Terms & Conditions
By registering on www.CareCubed.org for the iESE CareCubed service, you agree to the following terms and conditions.
'Documentation' within these Terms and Conditions is defined as CareCubed associated media, printed materials and online documentation, including the Guidance Documents and FAQ Bank.
2.1 In consideration of your agreeing to abide by the terms in this agreement, and the payment of a fee (the Subscription) iESE hereby grants to you a non-exclusive licence to use CareCubed and the Documentation in the UK on the terms of this agreement.
2.2 You may:
2.2.1 Access CareCubed for the internal business purposes of the subscribing organisation(s) only, ; internal business use means the use of CareCubed by employees or authorised representatives of the subscribing organisation(s) for the purpose of recording needs, calculating care package prices, analysis and reporting of care packages, and negotiation of care package prices; and for training by an accredited CareCubed trainer whether or not an employee of your organisation.
2.2.2 receive and use any free supplementary updates of CareCubed and corrections of errors as may be provided by iESE from time to time; and
2.3 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
2.3.1 not to copy CareCubed or the Documentation except where such copying is incidental to normal use of CareCubed or where it is necessary for the purpose of back-up or operational security;
2.3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify CareCubed or the Documentation;
2.3.3 not to make alterations to, or modifications of, the whole or any part of CareCubed;
2.3.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of CareCubed nor attempt to do any such things except to the extent that such actions cannot be prohibited by virtue of section 296A of the Copyright, Designs and Patents Act 1988;
2.3.5 to supervise and control use of CareCubed and ensure that your employees and authorised representatives use CareCubed in accordance with the terms of this agreement;
1.3.6 to include the copyright notice of the Licensor on all entire and partial copies you make of CareCubed on any medium.
To register with the iESE CareCubed you must provide details of your organisation and your personal account that are accurate to the best of your knowledge. If your own or your organisation's details change you must immediately update us either via your account screens or by contacting iESE directly. CareCubed subscription is for a single organisation, or where multiple organisations share a team, for those organisations agreed in writing with iESE at the time of subscription.
4 Your user account
When you register to use the iESE CareCubed, a randomly generated password will be created for you. You must keep this password confidential and not disclose it or share with anyone. You will be responsible for all activities that occur or cases that are shared or submitted under your username and password combination. If you know or suspect that someone else knows your password you should notify us immediately. You will also have the ability to change your password by visiting the "My profile" area on CareCubed.
5 Intellectual property
The content and function of the iESE CareCubed website is protected by copyright, trademarks and other intellectual property rights. You may use and display the content of the iESE CareCubed on a computer or Internet connected device, store downloaded cases in electronic form on disk or print copies for discussion and distribution provided you keep intact all and any copyright, logos and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the iESE CareCubed site without written permission from iESE.
All case information entered by you into CareCubed will be and remain the intellectual property of the user organisation. All statistics generated by your use and other users use of the system shall be the intellectual property of iESE.
You acknowledge that all intellectual property rights in CareCubed and the Documentation throughout the world belong to iESE and that you have no rights in, or to, CareCubed or the Documentation other than the right to use them in accordance with the terms of this agreement.
No licence is granted to you in these Terms and Conditions to use any trade mark of iESE other than as set out in these terms and conditions.
Your registration on the iese CareCubed service constitutes an instruction to iese to process data on your behalf.
The data to be processed is data relating to individuals in, or expected to be placed within, a specialist care placement. The data will only be personal if your use of the system has not followed protocol and/or you use care providers with single residency.
The purpose of the processing is to enable you to fulfil your obligations to commission or provide care packages for people with specialist needs. Processing includes storage and retrieval of care needs for calculation of support hours and associated costs.
You choose which data is to be processed by entering it on to CareCubed.
The duration of the processing is the duration of your subscription to CareCubed. For any specific CareCubed case, the duration of the processing is from the point of data entry by you, to the point of data deletion by you. Any data left undeleted by you at the end of the subscription shall be deleted by iese one year after the end of the subscription.
As the data controller your obligations with respect to CareCubed are:
-To maintain up to date contact information in CareCubed for the primary user.
-To exercise appropriate controls on approval and deactivation of CareCubed users for your organisation, and on control of CareCubed passwords.
-To never use service user names within CareCubed, and always to pseudonymise cases by means of a service user reference rather than a service user name.
-To notify iese in the event of a CareCubed data breach coming to your attention, so that iese may, with you, take appropriate steps to manage the breach which may include deactivation of your account.
iESE warrants that, at the time CareCubed is supplied, CareCubed will, when properly used, perform substantially in accordance with the description in the Documentation (provided that CareCubed is properly used and with the operating system for which it was designed as referred to in the accompanying documentation), and the Documentation correctly describes the operation of CareCubed in all material respects.
This warranty period extends for the 12 month subscription period.
If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in CareCubed in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended CareCubed or used it in contravention of the terms of this agreement the Licensor will, at its sole option, update CareCubed, provided that you make available all the information that may be necessary to assist the Licensor in resolving the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.
The purpose of the CareCubed is to act as a cost negotiation tool, it is not intended as a price-fixing tool. iESE are not held liable for the accuracy of information inputted by users of the CareCubed.
You acknowledge that CareCubed has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of CareCubed as described in the Documentation and above stated purpose meet your requirements.
8.1 This condition sets out the entire financial liability of the parties (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to each other in respect of:
8.1.1 any breach of this agreement however arising;
8.1.2 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
8.2 Nothing in this agreement shall limit or exclude the liability of either party for:
8.2.1 fraud or fraudulent misrepresentation; or
8.2.2 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
8.2.3 breach of section 2 of the Consumer Protection Act 1987; or
8.2.4 the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
8.3 Without prejudice to condition 8.2, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any personal injury; loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this condition 8.3 shall not prevent claims for loss of or damage to your tangible property any other claims for direct financial loss that are not excluded by any of categories in this condition 8.3.
8.4 Subject to conditions 8.2 and 8.3, iESE’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the Subscription Fee for 12 months, or the actual Subscription Fee for a period of less than 12 months where any such shorter subscription has been agreed in writing with iESE.
8.5 Subject to conditions 8.2, 8.3 and 8.4, iESE liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
8.6 This agreement sets out the full extent of iESE’s obligations and liabilities in respect of the supply of CareCubed and the Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on iESE except as specifically stated in this agreement. Any condition, warranty, representation or other term concerning the supply of CareCubed and the Documentation which might otherwise be implied into or incorporated in this agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
9 Entire agreement
This agreement and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of CareCubed and the Documentation.
We each acknowledge that, in entering into this agreement (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
10 Applicable Law
The parties agree that the law of England and Wales will govern the performance and interpretation of this agreement and any disputes arising under it and submits to the-exclusive jurisdiction of the courts of England for all purposes relating to this agreement.
If we fail, at any time during the term of this agreement, to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12 Availability and support
iESE cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to email@example.com, and we will attempt to correct the fault as soon as reasonably possible, taking into account severity of the issue.
iESE will aim to acknowledge any fault report within 5 working hours and provide a resolution within 3 working days. Where there is a major issue and the normal resolution time cannot be met, iESE will provide updates at least once a day in terms of progress.
Your access to the iESE CareCubed website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. iESE will attempt to restore the service as soon as it reasonably can.
Working hours are defined as 9am-5pm Monday to Friday excluding English Bank Holidays.
iESE support staff will make reasonable endeavours to answer queries which you may have regarding the use or application of CareCubed. Queries may be submitted via email to firstname.lastname@example.org or for telephone support please call the support number as published on iese’s website, during working hours.
13 Transfer of rights and obligations
This agreement is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time during the term of the agreement.
If any of the terms of this agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
CareCubed uses Google Analytics to help us accurately estimate the number of visitors to the website and volumes of usage. This enables us to build statistics about user journeys, which could help us improve the service over time.
Standard Google Analytics include
Typical content: randomly generated number
Expires: 2 years
Typical content: randomly generated number
Expires: 30 minutes
Typical content: randomly generated number
Expires: when user exits browser
Typical content: randomly generated number info on how the site was reached (e.g. directly or via a link, organic search or paid search)
Expires: 6 months
Other cookies from the CareCubed
Typical content: A session ID relating to your current CareCubed login
Expires: when user exits browser
Typical content: Stores whether context sensitive help has been switched on or off
Expires: 6 months
16 TERM AND TERMINATION
16.1 This Licence shall take effect on the date granted by iESE and shall continue for a period of 12 months (the Initial Term) or such other term as may be agreed in writing.
16.2 The licence shall be automatically renewed for another year and an invoice will be raised at the end of the initial licence period unless you notify iESE in writing 2 months before the end of the initial licence period that you do not wish to renew your subscription.
16.3 iESE will review and may amend the terms of the licence from time to time. iESE will give reasonable notice of any changes in the licence.
16.3 The Licensor may terminate this Licence immediately on written notice to you if:
16.3.1 you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so; or
16.3.2 the Organisation (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt.
16.4 Upon termination for any reason:
16.4.1 all rights granted to you under this agreement shall cease;
16.4.2 you must cease all activities authorised by this agreement; and
16.4.3 you must immediately delete or remove CareCubed from all computer equipment in your possession and immediately destroy or return to iESE. Notwithstanding this, organisations shall be entitled to retain completed cases of the CareCubed in accordance with their own data protection and retention standards.
By proceeding to use CareCubed you agree to the terms & conditions above