© 2020 Elderhomeshare.ie

WEBSITE TERMS OF USE

Last updated: 2019


1 INTRODUCTION


1.1 Elder Home Share is a home share service and that matches elderly home owners with compatible home share companions. Elder Home Share is registered as a company in Ireland under company number 643924 and our registered office is at Elder Home Share, Fumbally Exchange, Argus House, Blackpitts, Merchants Quay, Dublin 8.


1.2 At Elder Home Share, we try to keep all that we do simple but our services do have to be subject to some rules and here they are. PLEASE READ THEM. They have been written to be understood but if you don’t understand anything, contact us and we’ll do our best to explain.


1.3 The following terms and conditions are the rules that apply to your use of www.elderhomeshare.ie (the "Website") and any related services provided by Elder Home Share in connection with the Website ("Services") (the "Terms"). For the purpose of this document, "use" includes visiting the Website, browsing any information or material which has been made available on the Website ("Content"), uploading Content, or registering to use any services.


1.4 The Website is operated by Elder Home Share ("we" / "our") and these Terms set out the rights and obligations of all users ("you" / "your" / "User") in relation to your use of the Website. By using the Website, you agree to the following Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, we ask you to not use the Website.


2 ACCEPTABLE USE


2.1 Our Acceptable Use section in the Terms set out what Users of the Website can and cannot do.


2.2 Responsibility for information uploaded: When using the Website, you accept sole responsibility for your conduct and any information that you upload, share, exchange or display or that you share with any of our employees, including for the accuracy of the information uploaded.


2.3 Prohibited uses: You must not use the Website or Services for any illegal or unauthorised purpose particularly you must not use the Website or Services for any purposes that are intended or could result in harm occurring to seniors or home owners or the home share companion availing of our Services. Users residing outside of Ireland agree to comply with all local laws regarding acceptable online conduct. You must not engage in any attempt to modify, adapt, copy, or hack the Website. This includes falsely implying that another service or third party is affiliated with the Website. You must not crawl, scrape, or otherwise cache any content from the Website, including (but not limited to) other user profiles, personal details, photos, graphics, scripts or other content. You must not intentionally upload or transmit any viruses, malware, trojans, worms, spyware, adware, or any other malicious, destructive, or unauthorised software to the Website.


2.4 WARRANTY: YOU WARRANT THAT ANY CONTRIBUTION TO THE WEBSITE COMPLIES WITH THE ACCEPTABLE USE STANDARDS SET OUT IN THIS SECTIONS 2.2 AND 2.3 OF THE TERMS, 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.


3 CONTENT


3.1 Elder Home Share reserves the right to remove, withdraw or suspend any User content that we determine to be in breach of our Acceptable Use standards set out in section 2 (Acceptable Use) of the Terms or that we find to be illegal, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable. We reserve the right to take similar action if we determine that the User content infringes the rights and freedoms of others, or violates the terms set out in these Terms. Such actions will be undertaken at our sole discretion, but we assume no obligation to do so in every circumstance.

 

3.2 By submitting Content which is subsequently made available on the Website to the general public, you assume all risks associated with the Content. This includes any reliance placed on the quality, accuracy, and completeness of the information provided by businesses and other visitors to the Website.

 

3.3 Purposefully submitting Content which is known to be incorrect or misleading may attract personal liability. You also assume the risk associated with submitting illegal or immoral Content which violates any law or regulation.


3.4 You may not sell, copy, reproduce, distribute, modify or otherwise exploit intellectual property owned by Elder Home Share. We are the owner or the licensee of all intellectual property rights in the Website (except where specifically identified as third party content), and in the material published on it. The Elder Home Share intellectual property includes, but is not limited to, graphics, design, branding and computer code.


3.5 Except for the making of a hard copy print for your own personal use only or the use of others in your organisation (or downloading the material for your own personal use or the use of others in your organisation only provided that you retain all copyright and proprietary notices), the materials on this Website may not be copied, reproduced, transmitted, distributed or displayed, by any means, without the express written consent of the Company.


3.6 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.


4 RELATIONSHIP AND FEES / PAYMENTS


4.1 Once matches are made between a home owner and a home share companion, an agreement is entered (the "Home Share Agreement"). The Home Share Agreement is not a binding legal contract but it acts as a guiding principle to project and give structure to the home share duration. Any failure to adhere to the Home Share Agreement may result in the termination of a home share arrangement.


4.2 Elder Home Share will advise homeowners and home share companions of all applicable fees and charges that will be payable prior to entry into the Home Share Agreement.


4.3 Failure by either a homeowner or the home share companion to pay relevant fees will result in the termination of the Home Share Agreement, the home share amendment and cover protection (as outlined in the Home Share Agreement) and further access to Website will be denied.


5 PRIVACY AND DATA PROTECTION


5.1 Any personal data which you provide in connection with your use of the Website or Services will be processed in accordance with our Privacy Policy. This also includes information on how our Website uses cookies.


6 LIABILITY AND DISCLAIMER


6.1 TO THE EXTENT PERMITTED BY LAW, ELDER HOME SHARE EXCLUDES ALL EXPRESS OR IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS WHICH MAY APPLY TO THE CONTENT AND SERVICES PROVIDED ON THE WEBSITE.


6.2 ELDER HOME SHARE WILL NOT BE HELD LIABLE TO ANY USER FOR LOSS OR DAMAGE ARISING FROM THE USE OF OUR WEBSITE OR SERVICES, WHETHER ARISING IN CONTRACT, TORT, STATUTORY DUTY, OR OTHERWISE.


6.3 ELDER HOME SHARE DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION ON THE WEBSITE, AND DISCLAIM ALL LIABILITY FOR ERRORS OR INACCURACIES IN THE INFORMATION PROVIDED.


6.4 ELDER HOME SHARE RESERVES THE RIGHT TO AMEND INCORRECT OR INCOMPLETE INFORMATION ON THE WEBSITE AT OUR OWN DISCRETION. WE DO NOT ASSUME THE OBLIGATION TO DO SO IN EVERY CIRCUMSTANCE.


6.5 IN CASES WHERE LINKS TO OTHER WEBSITES, SERVICES OR RESOURCES ARE PROVIDED ON OUR WEBSITE, ELDER HOME SHARE ASSUMES NO RESPONSIBILITY FOR THE CONTENTS OF THESE THIRD PARTY OFFERINGS. SUCH LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY, AND YOUR USE OR RELIANCE ON THE THIRD PARTY INFORMATION IS AT YOUR OWN RISK.


6.6 ANY SERVICES PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW AND FAMILIARISE YOURSELF WITH THESE TERMS.


7 LINKING TO OUR SITE


7.1 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. 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 our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our Website other than that set
out above, please contact
elderhomeshare@gmail.com.


8 WEBSITE AVAILABILITY


8.1 The Website is provided on an "as available" basis. Although we will make every reasonable effort to ensure continued uninterrupted access, there may be occasions where such access will be unavailable.


9 VARIATIONS TO THE WEBSITE AND TERMS OF USE


9.1 Elder Home Share reserves the right to modify the Website, Content, and Services at any time without the requirement to provide notice.


9.2 If we make changes to these Terms or the Privacy Policy, we will notify you by providing appropriate notice on our Website. The date on which these Terms was last updated will also be indicated at the top of this webpage. Once you have received notification of such changes, your continued use of our Website and Services will indicate your awareness and acceptance of those changes.


9.3 If you do not agree to be bound by any changes to this Terms or to the Privacy Policy, you will not be able to continue to use our Website and Services.


10 GOVERNING LAW, JURISDICTION AND VENUE


10.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.


10.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.


11 TERMINATION


11.1 Elder Home Share reserves the right to restrict, remove, or prevent access to our Website and Services if you fail to comply with these Terms. Such actions are at our sole discretion.


11.2 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


12 COMPLAINTS


12.1 Should you have any complaints regarding the Website, Services, or these Terms, please direct these to the following email address: elderhomeshare@gmail.com.


12.2 If you have any concerns, queries, or complaints regarding your data privacy, please refer to the relevant section in our Privacy Policy.