Terms & Conditions
These are our terms and conditions. They apply each time you visit lookingafter.org.uk and we will assume that you’ve read them before you use it. They do change from time to time and you promise to re-read them each time you visit us.
AGREEMENT
These Terms and Conditions comprise the following sections:
General Terms
Selling Terms Products
Selling Terms Services
which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.
GENERAL TERMS
DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
We are Looking After, a company registered in England and Wales with Registration Number 0987433 and the registered address 27 Old Gloucester Street, London, WC1N 3AX.
Site is www.lookingafter.org and references to the Site include references to Looking After.
You are using the Site whether or not as a visitor or you wish to purchase Products from us or use the Services
Agreement means the agreement which comes into effect when you accept our terms and conditions by entering the Site.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Product means any physical product we sell or supply through the Site and all sale or supply is subject to these Terms and Conditions.
Service means any service we offer through the Site and all such offers are subject to these Terms and Conditions.
Supplier means a supplier of the Services.
YOUR PROMISES TO US
You agree that:
You have the right to make this Agreement with us and that, if you are an individual, you are over the age of 18 years.
You will read the terms and conditions on any site we link you to.
You won’t use robots, spiders, scrapers or similar things on the Site.
You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
You won’t do anything that might cause our systems to crash.
You won’t steal the Site or any part of it for use in any other app or application or for any other purpose.
You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs or systems we use in connection with the Site or the services it offers.
You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
INTELLECTUAL PROPERTY
Either we or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property (other than to use the Site) unless we give that right to you.
FEEDBACK AND FORUMS
When using any feedback or forums we may put up on the Site you agree to abide by the following rules:
You must not use obscene or vulgar language.
Nothing you submit can be unlawful or otherwise objectionable and you must not use the Site to publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
Nothing you submit may be designed to promote violence.
All your posts must be in English (we may change this but we cannot moderate posts in foreign languages and will remove them).
You must not post links to other sites or apps which may break these rules.
You can’t use any forum to advertise.
You must not impersonate anyone else.
You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
All feedback you post must be legal, decent and honest and be your own opinion based upon your use of the service we offer or on the Site.
We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
When you submit a post, you are warranting that you are the author of that post and that you own or have the right to use all the intellectual property rights associated with it and you agree that we may use your post for any reason and in any manner we choose without paying you, telling you or acknowledging you as the owner.
When viewing posts, you accept that we are not the author and that any views expressed do not necessarily represent our views.
If you see a post which you find objectionable tell us as soon as you can and we will consider whether or not it should be removed.
REVIEW SITES
You warrant that all posts you make concerning the Site and the services we offer on any forum will be legal, truthful and reflect your honest opinion made after you have visited the Site and used the services we offer.
We rely on the reputation we have on various review sites and you understand and agree that, if you damage that reputation in any way which breaks the provisions of these Terms and Conditions or the Defamation Act 2013, damages alone may not be a sufficient remedy for us. You accept that we may obtain an injunction against you and any other relief that may be appropriate.
FREE SERVICES
If we offer a service on the Site free of charge, you agree that you will verify, before you use such service, that it fully meets your needs and that you will verify any result it provides with a professional adviser before you use it.
If we refer you to another service provider, we will make no charge to you for the referral but have no control over the way in which that service is provided and so you agree that we have no liability for any shortcomings in that service.
PRIVACY AND COOKIES
We both agree that our Privacy and Cookie Policy forms part of these Terms and Conditions.
DISCLAIMERS
Any feedback published on the Site is the opinion of the person who published that feedback. We will remove any defamatory material and material which is contrary to these Terms and Conditions, on request.
We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
We don’t give advice on the Site, just general opinions and so don’t rely on what we say when you make any decisions.
If you link to any other site or app using the Site then you understand that separate conditions will apply to those sites or apps and that we have no control over those conditions – so you agree that you will read and understand them before using those sites or apps.
AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk.
However, nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
LINKS TO OTHER APPS AND WEBSITES
We don’t control any of the sites or apps we may link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site or app does not mean that we endorse or recommend that site or app.
We can never guarantee that a link will work.
MODIFICATIONS TO THESE TERMS AND CONDITIONS AND TO THE SITE
You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we’ve made to them.
If we change the Site these Terms and Conditions will apply to any changes we make.
GENERAL MATTERS
These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them and all proceedings arising under these Terms and Conditions should be conducted using the English language.
We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.
Time will not be of the essence in any part of any agreement between you and us.
All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.
If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
These Terms and Conditions contain the entire understanding between you and us.
SELLING TERMS - PRODUCTS
1. Agreement with Us
1.1 No binding agreement will come into effect between you and us for the sale of a Product unless and until we have confirmed your sale. Acceptance will be in the form of an email and until you have received that email no agreement will exist between you and us.
1.2 As soon as we have confirmed the sale (as described in condition 1.1 of these Selling Terms) that sale and purchase is binding subject to our Cancellation/Cooling Off Policy.
2. Business and non-UK customers
You warrant that you are a consumer based in the UK. We supply UK-based consumers only. If you are a business or if you are based outside the UK, these Terms and Conditions will not apply to you and you must contact us before making an order.
3. Products, Pricing and Availability
3.1 We make all reasonable efforts to ensure that all descriptions and images of the Products we sell correspond to the actual Products but the following terms apply:
3.1.1 images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions; and
3.1.2 images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
3.2 Clause 3.1 does not exclude responsibility for mistakes made due to our negligence and refers only to minor variations of the correct Products, not to different Products altogether.
3.3 We cannot guarantee that Products will always be available.
3.4 We and our suppliers operate a policy of continuous improvement and minor changes may be made to certain Products between your order being placed and its despatch. Those will not change any main characteristics of the Products but if they affect your use of the Product, we will tell you how.
3.5 We make all reasonable efforts to ensure that all prices shown on the Site are correct but it is sometimes necessary to change prices and to add, alter or remove special offers. Changes in price will not affect any order that you have already placed.
3.6 In the unlikely event that we have shown incorrect pricing information for a Product you have ordered, we will tell you. If the correct price is lower than that shown when you made your Order, we will charge you the lower amount. If the correct price is higher, we will give you the option to purchase the Product at the correct price or to cancel your order (or the affected part of it). We will not continue processing your order if this happens, but will wait until you respond. If we do not receive a response from you within five working days, we will treat that order as cancelled, notify you of this in writing and refund any money you have paid us.
3.7 All prices on the Site include VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4. Delivery, Risk and Ownership
4.1 All Products purchased through the Site will normally be delivered within 30 calendar days after the date on which we confirm your order unless we agree otherwise when you order.
4.2 If we are unable to deliver the Products on the delivery date we have agreed, the following will apply:
4.2.1 If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox or left in a safe place nominated by you, we will leave a delivery note explaining how to rearrange delivery or where to collect the Products.
4.2.2 If you do not collect the Products or rearrange delivery within three working days of the attempted delivery, we will try to contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the contract between us as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Products.
4.2.3 If we fail to deliver the Products within 30 days of the date we have agreed you may treat the contract between us as being at an end and we will refund all monies you have paid us as soon as we receive notice from you that this is what you want to do.
4.2.4 Delivery shall be deemed complete and the responsibility for the Products will pass to you once we have delivered the Products to the address or any alternative address you have provided.
4.2.5 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
4.2.6 Any refunds due under this Clause 4 will be made using the same payment method that you used when ordering the Products.
5. Cancelling and Returning Products if You Change Your Mind
5.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel your order for any reason. This period begins once we have accepted your order and you may also cancel before we confirm acceptance of your order.
5.2 If the Products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which the Products are delivered.
5.3 If the Products are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you receive the final instalment of the Products.
5.4 To exercise your right to cancel under this Clause 5, you must tell us within the cooling-off period. You may cancel in any way you wish. Cancellation by email or by post is effective from the date on which you send us your message. Please quote our order number if you want to cancel.
5.5 You may have no right to cancel in the following circumstances:
5.5.1 if the Products are sealed for health or hygiene reasons and you have unsealed those Products after receiving them;
5.5.2 if the Products consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Products after receiving them;
5.5.3 if the Products are likely to deteriorate quickly, for example flowers or food; or
5.5.4 if the Products have been personalised or custom-made for you.
5.6 Please ensure that you return Products to us no more than 14 calendar days after the day on which you have told us that you wish to cancel under this Clause 5 and if the Products are too large to post, please contact us and we will arrange collection.
5.7 Refunds under this Clause 5 will be issued to you within 14 calendar days of the following:
5.7.1 the day on which we receive the Products from you; or
5.7.2 the day on which you tell us that you have sent the Products back (if this is earlier than the day under sub-Clause 5.7.1, we will need to see proof of posting); or
5.7.3 if we are collecting the Products from you, the day on which you inform us that you wish to cancel the Contract; or
5.7.4 if we have not yet confirmed your order or dispatched the Products, the day on which you tell us that you wish to cancel the Contract.
5.8 Refunds under this Clause 5 may be reduced if you have damaged the Products by handling them too much or if you have used them.
5.9 Refunds under this Clause 5 will be made using the same payment method that you used when ordering the Products.
6. Our Liability to You
6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. We will not be responsible for any loss or damage that is not foreseeable.
6.2 We only supply Products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
6.3 Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), for fraud or fraudulent misrepresentation or to limit any of your rights as a consumer.
7. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: 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.
8. Contact Details
If you wish to contact us for any reason, please use the following:
Email: hello@lookingafter.org
Phone: 0800 144 8490
Letter: Customer Services, Looking After, 27 Old Gloucester Street, London,
WC1N 3AX
SELLING TERMS SERVICES
1. Agreement with Us
1.1 We do not provide the Services we offer on the Site, rather we act as an introducing agent, on your behalf, to the Suppliers of those Services.
1.2 In our role as your agent, we will receive the price for the Service from you and hold it on your behalf until the Supplier agrees to accept you as a client.
1.3 Once the Supplier has agreed to accept you as a client, the terms and conditions of that Supplier will apply to the contract of supply and that contract will be between you and that Supplier. Save for paying the Supplier on your behalf, we will take no further part in the process and have no responsibility for its delivery, correct or otherwise.
2. Business and non-UK customers
You warrant that you are a consumer based in the UK. We supply UK-based consumers only. If you are a business or if you are based outside the UK, these Terms and Conditions will not apply to you and you must contact us before making an order.
3. Products, Pricing and Availability
3.1 We make all reasonable efforts to ensure that all descriptions and images of the Services we offer through the Site correspond to the actual Service you may receive but your contract is with the Supplier of those Services and you must verify with that Supplier anything which is not clear.
3.2 Clause 3.1 does not exclude responsibility for mistakes made due to our negligence.
3.3 We cannot guarantee that the Service you want will always be available – if it is not, we will arrange to refund the money you have paid us, in full, as quickly as we can. Any refund due will be made using the same payment method that you used when ordering the Service.
3.4 We make all reasonable efforts to ensure that all prices shown on the Site are correct all the time but it is sometimes necessary to change prices and to add, alter or remove special offers.
3.5 All prices on the Site include VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4. Cancelling a Service if You Change Your Mind
If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel your order for any reason. This period begins once the Supplier has accepted your order and you may also cancel before we confirm acceptance of your order. The Supplier will advise you of its cancellation policy and how it applies. Any such policy will be in addition to any statutory rights you have.
5. Our Liability to You
We are acting as your agent and so we have no liability in respect of the Service. We will hold any money you send us to your order, until we have paid it to the Supplier. Until we have paid that money to the Supplier, we will refund it to you, using the same method you sent it to us, on demand and without undue delay.
6. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: 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.
7. Contact Details
If you wish to contact us for any reason, please use the following:
Email: hello@lookingafter.org
Phone: 0800 144 8490
Letter: Customer Services, Looking After, 27 Old Gloucester Street, London,
WC1N 3AX