Terms of Use

1. About These Terms

These Terms of Use (“Terms”) govern your access to and use of the Atara Care website at www.ataracare.com (“Site”). The Site is operated by Digital Care Home Ltd trading as Atara Care (“Atara Care”, “we”, “us”, “our”).

By accessing or using the Site, you confirm that you accept these Terms and agree to comply with them. If you use the Site on behalf of a company or organisation, you confirm you have authority to bind that entity.

2. Definitions

• Site: the website at www.ataracare.com, including associated pages and content.
• Platform: the Atara Care SaaS care management software product.
• User or you: any person who accesses or uses the Site.
• Customer: a care provider organisation that contracts with Atara Care for Platform access.
• Content: text, graphics, software, trademarks, layouts, images, and other materials on the Site.
• MSA: the Master Subscription Agreement (and related order forms/policies) governing Platform use.

3. Scope of These Terms

These Terms apply to use of the Site only. Access to and use of the Platform are governed separately by the relevant MSA entered into by the subscribing care provider.

Where there is any inconsistency between these Terms and an MSA in relation to Platform access or services, the MSA prevails.

4. Eligibility and Intended Audience

The Site is intended for UK care home operators, managers, staff, and prospective business customers evaluating Atara Care.

The Site is not directed at consumers, patients, residents, or individuals under 18 years of age. If you access the Site from outside the UK, you do so on your own initiative and are responsible for compliance with local laws.

5. Acceptable Use

You must not use the Site in a way that is unlawful, harmful, or abusive.

In particular, you must not:

• breach any applicable law, regulation, or third-party right;
• scrape, crawl, spider, reverse engineer, or attempt to extract source code, data, or structure from the Site;
• introduce malware, viruses, or other harmful code, or attempt to disrupt availability, security, or performance;
• use automated systems to access the Site without prior written consent;
• impersonate any person or organisation, or misrepresent your identity or affiliation;
• harvest personal data or use Site content for unauthorised commercial exploitation;
• use Site content to train or fine-tune AI/ML systems without our prior written consent.

We may suspend, restrict, or block access to the Site at any time if we reasonably believe these Terms have been breached.

6. Account Registration and Credentials

If any part of the Site requires login credentials (including for demo or pilot access), you are responsible for maintaining confidentiality of those credentials and for all activity carried out using them.

You must notify us immediately at info@ataracare.com if you suspect unauthorised use of your account.

7. Demo Requests, Contact Forms, and Submitted Information

Information you submit through Site forms must be accurate and not misleading.

To the extent permitted by law, you grant us a non-exclusive, worldwide, royalty-free licence to use submissions (excluding personal data) for responding to enquiries, operating the Site, and improving our services.

You must not submit confidential third-party information, special category personal data, or live resident records through public Site forms unless specifically requested through an appropriate secure process.

8. No Medical, Clinical, Legal, or Regulatory Advice

Site content is provided for general informational purposes only and does not constitute medical, clinical, legal, regulatory, or professional advice.

You must rely on your own professional judgment and, where appropriate, independent specialist advice.

9. CQC and Regulatory Compliance

Atara Care products and materials are designed to support compliance workflows. They do not replace your organisation's legal and regulatory obligations.

The registered provider, registered manager, and relevant staff remain solely responsible for compliance with applicable obligations, including CQC Fundamental Standards, UK GDPR, PECR, NHS DSPT, and any other relevant law or guidance.

10. Intellectual Property and Trademarks

All intellectual property rights in the Site and Content are owned by or licensed to Digital Care Home Ltd. Atara Care names, logos, and branding are protected trademarks and may not be used without prior written permission.

You are granted a limited, revocable, non-transferable licence to view Site content for internal business evaluation only. No other rights are granted.

11. Third-Party Links and Resources

The Site may contain links to third-party websites or resources. Such links are provided for convenience only and do not imply endorsement.

We are not responsible for the content, security, availability, or practices of third-party sites.

12. Availability, Modification, and Withdrawal

We may modify, suspend, or withdraw the Site (or any part of it) at any time without notice.

The Site is provided on an “as available” basis. No service levels, uptime commitments, or response-time guarantees apply to the public website.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Site and all Content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted availability.

14. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special, punitive, or exemplary loss or damage, including loss of profits, revenue, business, goodwill, anticipated savings, data, or regulatory exposure.

Our total aggregate liability arising out of or in connection with the Site or these Terms will not exceed the greater of: (a) GBP 100; or (b) the amount (if any) paid by you specifically for access to the Site in the 12 months immediately before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.

15. Indemnity

You agree to indemnify and hold harmless Digital Care Home Ltd, its officers, employees, agents, and contractors against losses, damages, claims, liabilities, and reasonable legal costs arising from your breach of these Terms, misuse of the Site, or infringement of third-party rights.

16. Privacy and Cookies

Our use of personal data is described in our Privacy Policy. Our use of cookies is described in our Cookie Policy.

17. Force Majeure

We are not liable for delay or failure in performance caused by events beyond our reasonable control, including acts of God, war, civil unrest, governmental action, pandemics, internet outages, infrastructure failure, or cyber incidents.

18. Suspension and Termination of Access

We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, where we reasonably consider it necessary to protect users, the Site, our systems, or our legal interests.

19. Notices

Formal notices to us should be sent to info@ataracare.com. We may give notices to you by posting updates on the Site or by email where contact details have been provided.

20. Assignment

You may not transfer or assign any rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations to an affiliate or successor in connection with a merger, acquisition, or reorganisation.

21. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

22. No Waiver

Any failure or delay by us to exercise a right or remedy does not constitute a waiver of that right or remedy.

23. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to use of the Site. Where applicable, Platform use is additionally governed by the relevant MSA.

24. No Third-Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

25. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

26. Changes to These Terms

We may update these Terms from time to time. Any changes take effect when published on this page unless stated otherwise. The “Last updated” date indicates the latest revision.

Continued use of the Site after updates are published constitutes acceptance of the revised Terms.

27. Contact

For general enquiries about these Terms, email info@ataracare.com.

For legal notices, email info@ataracare.com.

Digital Care Home Ltd, a company registered in England and Wales.