1. Acceptance of Terms
3. Registration and Eligibility
In order to access the My Carer Skill you must be able to access Alexa using an Amazon account and enable My Carer via the Amazon Alexa Skill Store (https://www.amazon.co.uk/b?ie=UTF8&node=10068517031), you are also required to register with McCann via the Site and represent, warrant and covenant that you provide McCann with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date.
You shall not:
• provide any false personal information to McCann (including a false User Name) or create any account for anyone other than yourself or your Beneficiary without such person's permission;
• use a User Name that is the name of another person with the intent to impersonate that person;
• use a User Name that is subject to any rights of a person other than you without appropriate authorization; or
• use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
McCann reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your My Carer Skill password. You shall never use another user's account without such other user's prior express permission. You will immediately notify McCann in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
4. Notifications and Service Messages
You agree that we may provide notices to you via email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn't up to date, you may miss out on these notices.
Please review your settings regularly to control and limit what kind of messages you receive from us.
All information and data that you submit or input in your use of the My Carer Skill (“User Content”), is your sole responsibility. McCann shall not in any way be responsible for the correctness, completeness or authenticity of any User Content. You acknowledge that all User Content accessed or relied on by you (or by the Beneficiary) whilst using the My Carer Skill is accessed or relied on at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting from the use and/or reliance upon the same.
6. McCann Content
The My Carer Skill contains content specifically provided by McCann or its partners and such content is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable (“McCann Content”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any such content accessed through the Service.
7. User Content Submissions
By registering and submitting any information relating to a Beneficiary through your use of the My Carer Skill or otherwise, you hereby do and shall grant McCann a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, such information for the purpose of providing and improving the Services.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
When you delete any User Content, McCann may no longer be able to provide the Services. However, you understand that any removed User Content may continue to exist in backup copies for a reasonable period of time (but following removal will not be shared with others).
8. Rules and Conduct
10. Warranty Disclaimer
Save to the extent required by law, McCann has no special relationship with or fiduciary duty to you. You acknowledge that McCann has no control over, and no duty to take any action regarding: which users gain access to the My Carer Skill; what User Content you access via the My Carer Skill; what effects the User Content may have on you or your Beneficiary; how you and your Beneficiary may interpret or use the User Content; or what actions you may take as a result of having been exposed to the Content.
McCann makes no representations concerning any McCann Content contained in or accessed through the Service, and McCann will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the My Carer Skill.
THE SITE, THE MY CARER SKILL ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
MCCANN , AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE, AND THE MY CARER SKILL IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
ALL LIABILITY OF MCCANN , ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, THE MY CARER SKILL, SERVICES, MCCANN CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MCCANN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED GBP (£100).
IN NO EVENT SHALL MCCANN, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MCCANN , ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE MY CARER SKILL, SERVICE, CONTENT, SUBMISSIONS OR ADD-TO LINK FOR:
• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
• ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
13. Dispute Resolution & Governing Law.
14. Integration and Severability
You may contact McCann at the following address: 7-11 Herbrand Street, London, WC1N 1EX