Unbiased Terms of Use

 

Unbiased provides a subscription and enquiry service that allows our Care Agencies customers to access new business enquiries from consumers looking to connect with care agencies.

 

The Unbiased service is provided to you by Unbiased Limited. These Terms of Use govern your use of our service. As used in these Terms of Use, "Unbiased service", "our service" or "the service" means the service provided by Unbiased for new business generation services.

 

  1. Contract

The Contract, which includes these terms and conditions, commences from the date we send you our confirmation email

 

  1. Subscription

Your Unbiased subscription will continue month-to-month until terminated. To use the Unbiased service you must have Internet access and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your subscription before your monthly billing date, you authorise us to charge your next month's subscription fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Unbiased subscription by visiting our website and clicking on the "Your Account" link available at the top of the pages of the unbiased website.

 

  1. Enquiry service

3.1 Enquiry fees will be charged at the price stated at on boarding

3.2 All Enquiry fees quoted are inclusive of VAT which will be charged as an additional item on any enquiry fees as applicable, at the prevailing rate of VAT.

3.3 If you cancel your subscription services you must still pay any outstanding Enquiry Fees for any enquiries accepted by you prior to cancellation or during cancelation period.

3.4 We will provide care agencies with key information to help them decide whether or not to purchase an enquiry. If you decide to purchase an enquiry, we will deliver all available enquiry information.  This will include the consumer’s contact details and enquiry message.  We encourage consumers to provide details of the care they are seeking and location.  However, we can pass on only the information volunteered by the consumer, and we offer no guarantee of its completeness or accuracy.

3.5 We do not warrant and offer no guarantee that any business will develop for you from an enquiry provide by us.

3.6 You will ensure that any activity you conduct as a result of an enquiry provided by us complies with all applicable standards including (without limitation) our then current service guidelines and policies published on our Website, CQC (Care Quality Commission), ASA (Advertising Standards Authority) regulation and other relevant legislation (including data protection), rules and regulations, including any rules issued by the relevant professional body or institute that applies to you

3.7 Payment for an enquiry will be taken before full enquiry information is provided to you.

3.8 We reserve the right to increase and decrease the price of the enquiry fees at any time.  You will be notified 30 days prior to the new price taking effect.

 

  1. Billing

4.1 Billing Cycle. The subscription fee for the unbiased service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Your Account" page to see your next payment date.

4.2  Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates.

4.3 Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

    1.  

i. Enquiry refunds will be in the form of enquiry tokens to your account with unbiased.co.uk. Refunds will not be made in cash. Enquiry tokens can be used to pay future Enquiry Fees on your account.  Enquiries can be refunded under the following circumstances providing that satisfactory written evidence circumstances are provided:

 ii. Duplicate enquiry: the enquiry is from a consumer who has already contacted you via unbiased.co.uk with the same name, contact details and the same enquiry, and for which you have already paid an enquiry fee.

iii. Enquiry with invalid phone number and email address: if the phone number fails and the email address is also invalid.

iv. Enquiry from an existing client: if the enquiry is from an existing client of your business.

v. Non-genuine enquiry: where it can be reasonably assumed from the message that the enquiry is non-genuine, spam or from a fake client.

4.4 Refunds will be in the form of enquiry tokens to your account with unbiased.co.uk. Refunds will not be made in cash. Enquiry tokens can be used to pay future Enquiry Fees on your account. Refund requests that do not meet the criteria outlined below will not be accepted. Enquiry fees are refunded via enquiry tokens which can be used to purchase future enquiries from our service. No cash refunds are provided.

 

5. Cancellation and Termination

5.1 You can cancel your Unbiased subscription at any time, and you will continue to have  access to the Unbiased service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unused enquiry tokens. To cancel, go to the "Your Account" page and follow the instructions for cancellation or call our Customer Success team. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Your Account"

i. Termination of services.  We may terminate the Services at any time for any reason at our sole discretion, by providing you with not less than seven days written notice of such termination, in which case you will be entitled to a refund of that part of any Charges you have already paid to us and which relates to a period after the date that the Services have terminated.

 

ii. Any promotions, offers or discounts offered by us from time to time may be amended, suspended or cancelled at our sole discretion at any time.

 

iii. You are responsible for maintaining the secrecy and security of your branch’s unique password and account information to ensure that only authorised persons can access your account to make changes to it.  You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Unbiased Limited or our partners from identity theft or other fraudulent activity.

 

 

  1. Miscellaneous

6.1 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Unbiased Help Center on our website or contact our Customer Success Team on [email protected].  In the event of any conflict between these Terms of Use and information provided by Customer Success or other portions of our website, these Terms of Use will control.

 

6.2 Limitation of liability. We will take all commercially reasonable steps to ensure that the Services are provided without interruption but you acknowledge and agree that internet systems and services are not uninterrupted or fault free and we make no representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrade may be required and therefore uninterrupted provision of the Services cannot be guaranteed.

 

6.3 You acknowledge and agree that we make no warranty and give no representation of any kind in relation to Third Party Data and we accept no responsibility or liability for inaccuracy in or arising out of Third Party Data.

 

i. We do not warrant that any business will develop for you via the Services.

 

ii. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

iii. To the fullest extent permitted by law, we do not accept any liability for: a) loss of revenue; b) loss of actual or anticipated profits; c) loss of business; d) loss of reputation; e) injury (not caused by our negligence); f) distress; g) loss of contracts; or h) any indirect or consequential loss or damage.

 

iv. Nothing in the Contract shall limit or exclude our liability in respect of death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

 

v. Except as provided in Condition 7.2.5 and subject to Condition 7.2.4, our entire liability to you under or in connection with the Contract shall be limited to the amount of the applicable Charges paid by you.

 

vi. Neither party to this agreement shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes, insurrection or riots, embargoes, container shortages, inability to obtain supplies, equipment or materials, requirements or regulations of any civil or military authority (an “Event of Force Majeure”). If an Event of Force Majeure continues for more than 45 days, either party shall be entitled to terminate the Contract on written notice to the other without either party having any further liability save for any accrued rights or claims which existed prior to the Event of Force Majeure.

 

vii. You accept that we have no responsibility for any information posted by any third party or for any action taken by them as a result of arrangements entered into by you.

 

viii. You accept that you alone are responsible for performing any due diligence or inquiry into any Services offered through any third party.

 

ix. You are responsible for your own compliance in relation to any services you provide pursuant to any reference or arrangement entered into through the Services.

 

x. To the extent that we collect any personal data (as defined in the Data Protection Act 1998) relating to you in the course of the Contract, you consent to us holding and processing in any manner and transferring such data for the purposes of carrying out our obligations under the Contract, for the administration and management of our business, for compliance with applicable procedures, laws and regulations and for any other purpose for which you have given your consent.

 

6.4 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6.5  Changes to Terms of Use. Unbiased Limited may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you.

6.6 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

6.7 The Contract shall be subject to the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts in relation to the Contract, its interpretation and its subject matter.

 

Last Updated: April 2018