Last Updated: 15 April 2022
Thank you for using Lottie!
PLEASE READ THESE PRACTICE TERMS OF PLATFORM USE CAREFULLY BEFORE USING OUR PLATFORM. BY USING ANY OF OUR SERVICES, INCLUDING BROWSING ANY LOTTIEWEBSITE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, (B) THAT YOU HAVE CAPACITY AND AUTHORITY TO FORM A BINDING CONTRACT WITH LOTTIE, (C) YOUR USE OF THE SERVICES IS ENTIRELY VOLUNTARY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE LOTTIE'S SERVICES. USING THE PLATFORM INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US AND, WHERE APPLICABLE, THEY SHALL SURVIVE ANY DEACTIVATION OF YOUR ACCOUNT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A QUALIFIED HEALTHCARE PROFESSIONAL.
The following definitions and rules of interpretation apply in these Terms of Platform Use.
1.2. Clause headings shall not affect the interpretation of these Terms of Platform Use.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6. Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.7. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.8. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Acceptance of the terms
2.1. These Terms of Platform Use, produced by our legal representatives, Browne Jacobson LLP, are a legal agreement between the User (including Care Partners and Care Seekers) and us for the use of our Platform. Use of the Platform includes accessing, browsing, or registering to use our Platform.
2.2. When using the Platform, you must also comply with our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, along with information about the cookies on the Platform. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate, current and complete in all respects.
2.3. Care Partners must also comply at all times with the terms of the Care Partner Services Agreement entered into with us.
2.4. By using and/or registering to use the Platform, you confirm that you accept all of the terms and conditions contained in these Terms of Platform Use.
2.5. If you do not agree to these Terms of Platform Use, you must not use the Platform.
2.6. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Platform Use and other applicable terms and conditions, and that they comply with them.
2.7. We recommend that you store or print-off a copy of these Terms of Platform Use for your records.
3. Acceptable Use
3.1 You may use the Platform only for lawful purposes. You must not use the Platform:
3.3 We may from time to time provide interactive services on the Platform, including, without limitation, instant messaging, video calls, bulletin boards, discussion boards and forums (“Interactive Services”).
3.4 Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.5 We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
3.6 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3.7 The Content Standards apply to your Contributions, and to any Interactive Services associated with them.
3.8 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
3.9 Contributions must:
3.10 Contributions must not:
3.11 If you find any content on our Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our Content Standards, please notify us by email at email@example.com and using the subject heading “Unacceptable Content”. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our Content Standards or this clause 3 and may at our discretion, remove or block access to the Content complained of.
Suspension and termination
3.12 We will determine, in our discretion, whether there has been a breach of these Terms of Platform Use through your use of the Platform. Where a breach has occurred, we may take such action as we deem appropriate.
3.13 Failure to comply with this clause 3 constitutes a material breach of the Terms of Platform Use upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:
3.14 We exclude liability for actions taken in response to breaches of this clause 3. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4. Platform Services
4.1. Lottie allows Users to search for Care Partners on the Platform by specialism and location and for Care Seekers and Care Partners to schedule initial consultations and subsequent placement at a Home via the Platform.
4.2. In consideration of you agreeing to abide by these Terms of Platform Use, we hereby grant to you a non-exclusive, non-transferable, licence to use the Platform.
4.3. Access to the Platform under clause 4.2 is permitted on a temporary basis and we reserve the right to withdraw or amend the Platform and its Content at any time without notice.
4.4. Please note that certain sections of the Platform are viewable without registering with us but to actively participate, or store your information, you must register as a Care Seeker or Care Partner.
4.5. We will not be liable if for any reason the Platform is unavailable at any time or for any period.
4.6. From time to time, we may restrict access to all or some parts of the Platform to Users who have registered with us.
4.7. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Platform Use and that they comply with them.
4.8. We may update and change the Platform and the Content from time to time to reflect changes to our products, our users’ needs and our business priorities. However, please note that any of the Content on the Platform may be out of date at any given time, and we are under no obligation to update it.
4.9. We do not guarantee that the Platform will be secure or free from bugs or viruses.
4.10. We cannot guarantee continuous access to the Platform. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Platform at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Platform, or close it indefinitely.
4.11. You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
4.12. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
4.13. The User shall indemnify and hold Lottie harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, Lottie as a result of or in connection with any claim made against Lottie in respect of any liability, loss, damage, injury, cost or expense sustained by Lottie’s employees or agents or by any Care Seeker, Care Partner or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises as a consequence of a breach or negligent performance or failure or delay in performance of any of these Terms of Platform Use by the User.
5. Care Seeker – Care Partner Relationship
5.1. The Content on our Platform is provided for education, scheduling, booking appointments, allowing communications between the parties and general information only. The Content provided on the Platform about the Care Partners has either been obtained by us from generally available public records and databases, written by us from publicly available information and databases, or has been submitted to us by Care Partners. We do not provide Care Services and are not a booking agent.
5.2. Notwithstanding the foregoing, Lottie makes no representations, warranties or guarantees, whether express or implied, that the Content on our Platform (including any charges or estimated charges detailed in Listings) is accurate, complete or up-to-date.
5.3. Lottie makes no representations, warranties or guarantees, whether express or implied, as to any Care Partner's professional accreditations, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. It is the sole responsibility of the Care Partner to be eligible and capable of providing the appropriate Care Services.
5.4. We do not in any way evaluate, guarantee or recommend any Care Partner or their advice, treatment, information, and opinions or other information or Content listed or accessible through the Platform. The Platform acts only as a platform to introduce Care Seekers to Care Partners and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Care Partner.
5.5. The Care Seeker is ultimately responsible for choosing his/her own Care Partner. Any provision of Care Services by the Care Partner to the Care Seeker is directly between the two parties and it is acknowledged that Lottie is not a party to such arrangement, booking or contract. The provision of any Care Services by a Care Partner to a Care Seeker shall be governed by the terms of the resident agreement agreed between such parties.
5.6. The telephone numbers provided on Lottie, including the contact details on each care home listing, are trackable and recorded for billing, quality control and training purposes. By using the telephone numbers showcased on Lottie, you acknowledge and agree that the telephone conversation may be recorded and stored by Lottie within a secure server located in the UK and European European Economic Area.
5.7. All Care Seekers acknowledge and agree that any complaint, grievance or claim he/she may have that is in any way connected with a Care Partner and/or Care Partner's practice must be addressed and/or brought directly against the Care Partner and/or their practice and not against Lottie.
5.8. Please note that the Content on the Platform is provided solely for your information and you use the Platform at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, a professional referral based on clinical needs.
5.9. Care Partners listed on the Platform with whom Care Seekers may book visits and placements at the Home enter into contracts with us under which the Care Partner pays us for using the Platform and associated operational and maintenance costs.
5.10. Lottie is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made during or in the context of any Interactive Services. By using the Platform, Care Seekers agree that any Content that they submit may be transmitted to their selected Care Partner, and vice versa. The content of communications is entirely the responsibility of the person from whom such Content originated. You therefore may be exposed to Content that is offensive, unlawful, obscene, indecent or otherwise objectionable, in which case, please refer to clause 3.11 of these Terms of Platform Use.
5.11. If you encounter any problems (bullying, harassment, injury etc) with any booking you make or attempt to make via Lottie, you acknowledge that you should resolve that issue with the relevant Care Partner and that your sole remedy in such circumstances, including any refund, lies with the relevant Care Partner and not with Lottie.
5.12. Neither use of the Platform, nor any other communication with Lottie shall create a licensed Care Partner/Care Seeker relationship.
5.13. Lottie is not an employer of the Care Partners nor their agents, nor does it guarantee to introduce any quantity of Care Seekers to Care Partners.
5.14. Lottie has no control over and cannot guarantee the availability of any Care Partner at any particular time. We will not be liable for cancelled or otherwise unfilled placements, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Platform whatsoever.
5.15. Users are strongly advised to perform their own investigations on the Care Partner prior to selecting the Care Partner, 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 of the Home) to verify listed credentials and regulatory reporting.
5.16. Lottie may provide Users with Space availability and fee information, cost estimates and forecasting data. All availability and fee information, cost estimates and forecasting data provided is based on either information provided to us by our Care Partners or are the best guess that we can provide at any given time based on the data that we hold and relates to past trends. Lottie makes no representations, warranties or guarantees, whether express or implied, that the Space availability and fee information, cost estimates and forecasting data is accurate, complete or up-to-date. While you may choose to rely on this data, we do not and cannot guarantee their accuracy and accept no liability for any inaccuracy or unavailability of indicative prices.
6. Changes to these terms
We may revise these Terms of Platform Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Platform. Your continued use of the Platform after the date the modified terms are posted will constitute your acceptance of the modified terms.
7. Your account and password
7.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, nor permit any third party to have any unauthorised access to the Platform at any time without Lottie's written consent.
7.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Platform Use.
7.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
8. Intellectual property rights
8.1. We are the owner or the licensee of all intellectual property rights in the name 'Lottie', the Platform, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
8.2. You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to Content posted on our Platform. You must not take screenshots, download pages, or seek in any other way to distribute copies of the Platform to anyone without the permission of Lottie.
8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4. Our status (and that of any identified contributors) as the authors of Content on our Platform must always be acknowledged.
8.5. You must not use any part of the Content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6. If you print off, copy or download any part of our Platform in breach of these Terms of Platform Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.7. We reserve all rights to pursue any remedy that we may have for breach of this clause.
9. Limitation of our liability
9.1. Nothing in these Terms of Platform Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2. We shall bear no liability for any loss or damage caused by the negligence of a Care Partner or their failure to hold appropriate licenses, certifications, accreditations and insurances to provide Care Services lawfully.
9.3. Users acknowledge that they are solely responsible for their use of the Platform or any Content on it and all the results and information you obtain from it and that all warranties, conditions, undertakings, representatives and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent by law.
9.4. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Platform, arising in connection with an Introduction or otherwise; or
(b) use of or reliance on any Content displayed on our Platform.
9.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any Content on it, or on any website linked to it.
9.6. To the extent permitted by law, we shall not be liable for any loss or damage that results from any dealings between a Care Seeker and any Care Provider including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
9.7. We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.8. Users accept that we only provide the Platform for domestic and private use. You agree not to use the Platform 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. This clause does not apply to Care Partners.
9.9. If defective digital content that we have supplied damages a device or digital content belonging to Users (other than Care Partners) and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.10. We are not liable for loss or unauthorised access to your data where it results, directly or indirectly, from any failure to comply with these Practice Terms of Platform Use and give no guarantee as to its security.
9.11. Our maximum aggregate liability to you under or in connection with these Terms of Platform Use, whether in contract, tort (including negligence other than where such limitation is not permitted by law) or otherwise, shall in all circumstances be limited to a sum equal to £25,000.
10.1. Either party may terminate these Terms of Platform Use immediately and without notice to the other party (subject at all times, in the case of Care Partners, to the terms of the Care Partner Services Agreement). You may terminate these Terms of Platform Use by deleting your account and refraining to use the Platform.
10.2. Upon termination for any reason:
(a) all rights granted to you under these Terms of Platform Use shall cease;
(b) you must cease all activities authorised by these Terms of Platform Use; and
(c) you must immediately delete your account and cease using the Platform and certify to us that you have done so.
11. Transfer of rights and obligations
11.1. You may not transfer, assign, subcontract, novate, charge or otherwise dispose of these Terms of Platform Use and the Introduction Contract, or any of your rights or obligations arising under them.
11.2. We may transfer, assign, subcontract, charge, novate or otherwise dispose of these Terms of Platform Use and the Introduction Contract, including any of our rights or obligations arising under them.
12. Linking to our Platform
12.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.3. You must not establish a link to the Platform in any Platform that is not owned by you.
12.4. The Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
12.5. We reserve the right to withdraw linking permission without notice.
12.6. The Platform to which you are linking must comply in all respects with the content standards set out in these Terms of Platform Use.
12.7. If you wish to make any use of Content on our Platform other than that set out above, please contact email@example.com.
13. Third party links and resources in our Platform
13.1. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.
13.2. We have no control over the contents of those sites or resources and acceptance no liability for them.
14. Uploading content to the Platform
14.1. Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other Users of the Platform, you must comply with the Content Standards.
14.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
14.4. You are solely responsible for securing and backing up your content.
15. Rights you are giving us to use material you upload
When you upload or post content to the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content in connection with the service provided by the Platform and across different media.
16. General terms
16.1. Communications. We are required to provide certain information to you in writing. By accepting Terms of Platform Use, you agree that we can communicate with you electronically either by email or by posting notices on the Platform.
16.2. Severance. If any of these Terms of Platform Use should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Platform Use shall survive, remain in full force and effect, and continue to be binding and enforceable.
16.3. Waiver. If we fail to insist upon strict performance of any of these Terms of Platform Use, or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of obligation arising under these Terms of Platform Use shall constitute a waiver of any other breach.
16.4. Third Party Rights. A party who is not a party to these Terms of Platform Use shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms of Platform Use save for any parent, subsidiary, or affiliate entity within our group company.
16.5. Entire Agreement. These Terms of Platform Use and any document expressly referred to in it constitute the whole agreement between us and supersede any previous discussions, correspondence, arrangements or understandings between us.
16.6. Law and Jurisdiction. These Terms of Platform Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.7. Any dispute or claim arising out of or in connection with these Terms of Platform Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Contact us
To contact us, please email firstname.lastname@example.org.