Terms of Use of - My Carer Alexa Skill


1. Acceptance of Terms

By registering for and/or using the My Carer Alexa Skill (“My Carer Skill”) in any manner, you, agree to all of the terms and conditions contained in this document ("Terms of Use"), and all other operating rules, policies and procedures that may be published from time to time on the My Carer website (mycarer.app) (“the Site”) by McCann Erickson EMEA Limited (”McCann”) each of which is incorporated by reference and each of which may be updated by McCann from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. These Terms of Use apply to all users of the Service, including, without limitation, the carers and family members of those individuals making use of the My Carer Skill and the individuals themselves (“the Beneficiary(ies)”).

2. Access

Subject to these Terms of Use, McCann may offer to provide, through the My Carer Skill and its interaction with Alexa, those services detailed on the Site for your, or your chosen Beneficiary’s, benefit (“Services”).

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.

You represent and warrant that you are of legal age to form a binding contract and register for the Services. McCann may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access My Carer or Services in any way.

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.

5. Content

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

As a condition of use, you promise not to use the My Carer Skill for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity and that of your Beneficiary in connection with you use of the skill.

9. Termination

McCann may terminate your and your Beneficiary’s access to all or any part of the My Carer Skill at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions set out on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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.

11. Indemnification

You shall defend, indemnify, and hold harmless McCann, its affiliates and each of its or their affiliates, employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the My Carer Skill or otherwise from User Content, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of McCann). McCann reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with McCann in asserting any available defenses.

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.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

• 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.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and McCann agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

14. Integration and Severability

In addition to the Privacy Policy, These Terms of Use are the entire agreement between you and McCann with respect to the My Carer Skill and the use of the My Carer Skill and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and McCann. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15. Modification of Terms of Use

McCann reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the provision of the My Carer Skill (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the My Carer Skill, the Site or via email. McCann may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the My Carer Skill following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

16. Miscellaneous

McCann shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond McCann's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with McCann 's prior written consent. McCann may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

These Terms of Use and their interpretation shall be governed by the laws of England and Wales. Any disputes arising or connected to the My Carer Skill shall be subject to the jurisdiction of the courts of England and Wales.

17. Contact

You may contact McCann at the following address: 7-11 Herbrand Street, London, WC1N 1EX