Inspection on 11/06/07 for Nightingale House (Strafford Road)

This inspection was carried out on 11th June 2007.

CSCI has not published a star rating for this report, though using similar criteria we estimate that the report is Good. The way we rate inspection reports is consistent for all houses, though please be aware that this may be different from an official CSCI judgement.

The inspector found there to be outstanding requirements from the previous inspection report but made no statutory requirements on the home.

Other inspections for this house

Nightingale House (Strafford... 21/11/06

Nightingale House (Strafford... 26/04/06

Nightingale House (Strafford... 11/10/05

Nightingale House (Strafford... 12/05/05

Nightingale House (Strafford... 23/11/04

Nightingale House (Strafford... 15/06/04

Nightingale House (Strafford... 17/11/03

Similar services:

Henry Nihill House

Birchwood

The Infirmary

Orchard House Nursing Home

St Josephs Rest Home

Red Court Nursing Home

Spinney (The)

Queen Elizabeth House

Extracts from inspection reports are licensed from CQC, this page was updated on 09/07/2008.

CARE HOMES FOR OLDER PEOPLE Nightingale House (Strafford Road) 10 Strafford Road Twickenham Middlesex TW1 3AE Lead Inspector Simon Smith Unannounced Inspection 11th June 2007 13:15 X10015.doc Version 1.40 Page 1 The Commission for Social Care Inspection aims to: • • • • Put the people who use social care first Improve services and stamp out bad practice Be an expert voice on social care Practise what we preach in our own organisation Reader Information Document Purpose Author Audience Further copies from Copyright Inspection Report CSCI General Public 0870 240 7535 (telephone order line) This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI www.csci.org.uk Internet address Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 2 This is a report of an inspection to assess whether services are meeting the needs of people who use them. The legal basis for conducting inspections is the Care Standards Act 2000 and the relevant National Minimum Standards for this establishment are those for Care Homes for Older People. They can be found at www.dh.gov.uk or obtained from The Stationery Office (TSO) PO Box 29, St Crispins, Duke Street, Norwich, NR3 1GN. Tel: 0870 600 5522. Online ordering: www.tso.co.uk/bookshop This report is a public document. Extracts may not be used or reproduced without the prior permission of the Commission for Social Care Inspection. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Nightingale House (Strafford Road) Address 10 Strafford Road Twickenham Middlesex TW1 3AE Telephone number Fax number Email address Provider Web address Name of registered provider(s)/company (if applicable) Name of registered manager (if applicable) Type of registration No. of places registered (if applicable) 020 8892 1854 02088915541 v.nayar@btinternet.com Mr Vipin Nayar Ms Sushma Nayar Mrs Sushma Nayar Care Home 21 Category(ies) of Dementia - over 65 years of age (9), Mental registration, with number Disorder, excluding learning disability or of places dementia - over 65 years of age (1), Old age, not falling within any other category (21) Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: Date of last inspection 22nd November 2006 Brief Description of the Service: Nightingale House has been registered as a care home since 1976 and was purchased by the present owners in 1998. The home provides accommodation for a maximum of 21 older people in single and shared rooms. Current weekly fees range from £475 to £530. There were two resident vacancies at the time of inspection. The property is situated in a quiet residential area and is within walking distance of Twickenham town centre, which provides a range of shops, pubs, restaurants and community resources. The River Thames and open spaces are within easy reach and there is good access to access to public transport. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The inspector used evidence from a wide range of sources when making judgements about the home. These included two visits to the home and discussion with residents, relatives, the owner, manager and staff. A sample of records was examined, including staff and residents’ files. The manager completed an Annual Quality Assurance Assessment. Surveys were provided to residents, relatives, staff and healthcare professionals who visit the home. Six residents, nine relatives, two staff and two healthcare professionals returned surveys to the CSCI. The home met 21 of 26 National Minimum Standards assessed at this visit. Five Standards were almost met. Residents’ surveys said they receive the care and support they need and that staff are available when they need them. One resident said, “I am very happy here” and described the care as “very good”. Another resident said, “The staff are very good and kind”. Family members said that they are made welcome when they visit and that the home keeps them informed about important issues affecting their relatives. Family members also said that the home provides the care their relative needs. Relative’s comments included: “I have the highest regard for Nightingale House and all the staff there”. “It is now 8 years since my aunt was admitted and throughout her care has been excellent”. “The residents always look happy and seem very well cared for”. “They are very good at communicating any concerns/problems that arise”. When asked what the home does well, several family members praised the staff and the homely environment. “The care home is run just like the residents’ own home as far as possible”. “It is small enough to be a family unit”. “The staff create a warm and friendly atmosphere”. “The carers always seem happy to help at any time”. “My aunt is well looked after and always given help when needed. She is very happy at Nightingale House”. Healthcare professionals also gave positive feedback about the home. One healthcare professional said, “Nightingale House is providing excellent care for their residents, meeting all their health needs”. Another healthcare Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 6 professional said that staff are “friendly and approachable” and “respect the residents’ choice in how they want to live”. Staff said that they had attended an interview before being offered a job and that they had an induction when they started work. Staff also said that the home had taken up references before they started work and that the manager and owner are approachable and willing to listen to suggestions for improvement. What the service does well: What has improved since the last inspection? What they could do better: Ensure that all admission assessments are thorough and provide good quality information to inform the resident’s care plan. Ensure that residents’ dignity and choice is maintained at all times and provide awareness training in this area for staff. Ensure that the activities programme meets residents’ needs and that activities suggested by residents are put in place. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 7 Arrange appropriate training for the activities co-ordinator and enable the post holder to work alongside an established activities co-ordinator to gain experience. Arrange for windows on the upper floors of the home to be fitted with restrictors to ensure residents’ safety. Ensure that all staff have attended relevant training and that this is recorded on the training record. Review all moving and handling summaries every three months. Please contact the provider for advice of actions taken in response to this inspection. The report of this inspection is available from enquiries@csci.gsi.gov.uk or by contacting your local CSCI office. The summary of this inspection report can be made available in other formats on request. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 8 DETAILS OF INSPECTOR FINDINGS CONTENTS Choice of Home (Standards 1–6) Health and Personal Care (Standards 7-11) Daily Life and Social Activities (Standards 12-15) Complaints and Protection (Standards 16-18) Environment (Standards 19-26) Staffing (Standards 27-30) Management and Administration (Standards 31-38) Scoring of Outcomes Statutory Requirements Identified During the Inspection Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 9 Choice of Home The intended outcomes for Standards 1 – 6 are: 1. 2. 3. 4. 5. 6. Prospective service users have the information they need to make an informed choice about where to live. Each service user has a written contract/ statement of terms and conditions with the home. No service user moves into the home without having had his/her needs assessed and been assured that these will be met. Service users and their representatives know that the home they enter will meet their needs. Prospective service users and their relatives and friends have an opportunity to visit and assess the quality, facilities and suitability of the home. Service users assessed and referred solely for intermediate care are helped to maximise their independence and return home. The Commission considers Standards 3 and 6 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 2, 3, 4, 5 and 6 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Residents have a written contract setting out their terms and conditions. Residents are able to ‘test drive’ the home before deciding to move in. New residents are given good support to settle in. The quality of residents’ assessments is variable. EVIDENCE: The inspector was able to speak to a resident who had recently moved into the home. The resident said that she had been made very welcome, which had helped her to settle in well. The resident also said that staff had made a real Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 10 effort to get to know her needs and that she had a trial visit to the home before she decided to move in. The inspector looked at the files of four residents who had moved into the home in the last six months. Two residents had been placed by their local authorities and two residents paid for their own care. Residents placed by their local authority had a full assessment carried out by a care manager before they moved into the home, whereas residents who pay for their own care are assessed by the home. The assessments carried out by the home were not as thorough as those carried out by the local authority and some contained insufficient detail. The home must ensure that all admission assessments are thorough and provide consistently good quality information to inform the resident’s care plan. See Requirement 1. At the time of inspection nine residents were funded by local authorities and ten residents paid for their care privately. Residents placed by their local authority had a placement agreement drawn up by the local authority and agreed signed by the home. Privately funded residents have a written contract with the home that sets out the terms and conditions of their placement. The home does not admit residents for intermediate care. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 11 Health and Personal Care The intended outcomes for Standards 7 – 11 are: 7. 8. 9. 10. 11. The service user’s health, personal and social care needs are set out in an individual plan of care. Service users’ health care needs are fully met. Service users, where appropriate, are responsible for their own medication, and are protected by the home’s policies and procedures for dealing with medicines. Service users feel they are treated with respect and their right to privacy is upheld. Service users are assured that at the time of their death, staff will treat them and their family with care, sensitivity and respect. The Commission considers Standards 7, 8, 9 and 10 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 7, 8, 9 and 10 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The information held about residents on their care plans has improved. Healthcare professionals say that the home provides excellent care. Residents’ medication is appropriately stored and accurately recorded. Residents’ dignity and choice must be maintained at all times. EVIDENCE: The information recorded by the home about residents has improved. Care plans now provide information about residents’ personal histories, identifying important events, relationships, hobbies and interests and identify residents’ preferences about how they receive their care. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 12 Residents’ files also contained a ‘moving and handling risk summary’. These had all been reviewed in March 2007. As the home’s policy states that the summaries should be reviewed every three months they were due for another review. Healthcare professionals provided positive feedback about the care residents receive and the manner in which the home communicates with them. One professional said that staff provide “excellent care for their residents”, whilst another said that the home “liaises well with our service”. There is an appropriate system for the storage and administration of medication. Sample staff signatures are held on file and authorised homely remedies are listed. Two residents self medicate. Three residents’ medication records were checked. These contained no omissions or errors. Residents’ surveys said that staff treat them with respect and that they can have privacy when they want it. The inspector observed an example of very poor practice at lunchtime. A member of staff continued to push food towards a resident’s face despite repeated and clear signals from the resident that she did not want any more to eat. The home must ensure that residents’ dignity and choice is maintained at all times and provide awareness training in this area for staff. See Requirement 2. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 13 Daily Life and Social Activities The intended outcomes for Standards 12 – 15 are: 12. 13. 14. 15. Service users find the lifestyle experienced in the home matches their expectations and preferences, and satisfies their social, cultural, religious and recreational interests and needs. Service users maintain contact with family/ friends/ representatives and the local community as they wish. Service users are helped to exercise choice and control over their lives. Service users receive a wholesome appealing balanced diet in pleasing surroundings at times convenient to them. The Commission considers all of the above key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 12, 13, 14 and 15 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The activities co-ordinator should be given opportunities to attend training and gain experience in this area. Residents receive good support to maintain contact with their friends and relatives. Residents enjoy the food provided and are consulted about the menu. Staff must maintain residents’ dignity and choice when providing support with eating. EVIDENCE: A part-time activities co-ordinator has been appointed since the last inspection. The activities co-ordinator said that she has 25 hours each month to plan a programme of activities and that she meets residents each week to ask what they would like to see on the programme. The allocation of hours to the Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 14 planning and organisation of activities is welcome, as this area has been highlighted for improvement in previous inspection reports. Residents’ surveys indicated that the activities programme does not meet all their needs. Most residents said that there are “usually” or “sometimes” activities they can take part in. One resident said, “There are only things I do not like doing”. See Requirement The owner said that the activities co-ordinator has no previous experience in this area but that appropriate training will be arranged for her. It is also recommended that the activities co-ordinator be given the opportunity to work alongside an established activities co-ordinator at a nearby service to gain experience. Residents said they can have visitors whenever they like and family members said that they are always made welcome when they visit. Surveys returned by family members said that the home keeps them well informed about issues affecting their relative. Residents are able to bring personal items with them when they move in and to personalise their private space. Residents are encouraged to manage their personal affairs, including finances, for as long as possible. Residents are able to access the information held about them by the home if they wish to do so. Residents said that they usually like the food provided by the home and that they can have alternatives to the menu. Mealtimes in the communal dining rooms were relaxed and unhurried. Staff serving lunches were aware of residents’ preferences and dietary needs. As highlighted in the previous section of this report, the home must ensure that staff maintain residents’ dignity and choice when providing support with eating. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 15 Complaints and Protection The intended outcomes for Standards 16 – 18 are: 16. 17. 18. Service users and their relatives and friends are confident that their complaints will be listened to, taken seriously and acted upon. Service users’ legal rights are protected. Service users are protected from abuse. The Commission considers Standards 16 and 18 the key standards to be. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 16 and 18 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Appropriate procedures are in place for the management of complaints. Residents and family members feel any complaints raised would be properly addressed. Staff attend training in the recognition and prevention of abuse. EVIDENCE: The home has a Complaints procedure and records all complaints received. There have been no complaints about the home since the last inspection. Residents and family members who returned surveys said they knew who to speak to if they had a complaint, although none had needed to do so. There have been no Protection of Vulnerable Adults investigations at the home. The owner said that all staff have attended training in the Protection of Vulnerable Adults. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 16 Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 17 Environment The intended outcomes for Standards 19 – 26 are: 19. 20. 21. 22. 23. 24. 25. 26. Service users live in a safe, well-maintained environment. Service users have access to safe and comfortable indoor and outdoor communal facilities. Service users have sufficient and suitable lavatories and washing facilities. Service users have the specialist equipment they require to maximise their independence. Service users’ own rooms suit their needs. Service users live in safe, comfortable bedrooms with their own possessions around them. Service users live in safe, comfortable surroundings. The home is clean, pleasant and hygienic. The Commission considers Standards 19 and 26 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 19, 20, 24 and 26 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The standard of décor at the home continues to improve. Residents’ bedrooms reflect their individual tastes and interests. Window restrictors must be fitted to ensure residents’ safety. The home is clean and fresh. EVIDENCE: The standard of décor at the home continues to improve. The communal rooms include a residents’ lounge and separate dining room. The home has a well maintained garden. Residents’ accommodation is arranged over three floors, Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 18 which can be reached. The bedrooms seen were personalised and contained evidence of hobbies and interests. Four of the home’s places are in shared rooms. Some of the windows on the upper floors of the home must be fitted with restrictors to meet the National Minimum Standards and to ensure residents’ safety. These include the window between room 29 and the nearby toilet and the window on the half landing between the first and second floors. See Requirement 3. Residents’ surveys said that the home is always clean and fresh. Standards of hygiene at the time of inspection were good. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 19 Staffing The intended outcomes for Standards 27 – 30 are: 27. 28. 29. 30. Service users’ needs are met by the numbers and skill mix of staff. Service users are in safe hands at all times. Service users are supported and protected by the home’s recruitment policy and practices. Staff are trained and competent to do their jobs. The Commission consider all the above are key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 27, 28, 29 and 30 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Staff are available in sufficient numbers to meet residents’ needs. Residents are happy with the care provided at the home. Residents are protected by the home’s recruitment practices. Some staff need to attend relevant training. The training record must accurately reflect the training undertaken by staff. EVIDENCE: Two staff have left the home since the last inspection and two new staff have started work. There was one staff vacancy at the time of inspection. Staff meetings are held monthly and staff spoken to during the inspection said that they have opportunities to contribute their views about the running of the home. Residents’ surveys said they receive the care and support they need and that staff are available when they need them. One resident said, “The staff are very Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 20 good and kind”. Family members also said that staff provide good care. One family member said, “The staff are very kind to all the people in their care” and another relative said, “They always treat them [residents] as individuals”. Three staff files were checked. These demonstrated that the home obtained pre-employment checks before staff started work, including proof of identity, references and Criminal Records Bureau disclosures. The manager must make sure that all staff training is recorded, as the training record does not demonstrate that staff have attended all necessary training. For example the manager said that all staff have attended fire training but the record does not confirm this. The training record also indicated that one member of staff had yet to attend training in the Protection of Vulnerable Adults and that some staff needed to attend moving and handling training. See Requirement 4. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 21 Management and Administration The intended outcomes for Standards 31 – 38 are: 31. 32. 33. 34. 35. 36. 37. 38. Service users live in a home which is run and managed by a person who is fit to be in charge, of good character and able to discharge his or her responsibilities fully. Service users benefit from the ethos, leadership and management approach of the home. The home is run in the best interests of service users. Service users are safeguarded by the accounting and financial procedures of the home. Service users’ financial interests are safeguarded. Staff are appropriately supervised. Service users’ rights and best interests are safeguarded by the home’s record keeping, policies and procedures. The health, safety and welfare of service users and staff are promoted and protected. The Commission considers Standards 31, 33, 35 and 38 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 31, 33, 35 and 38 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The owner needs to complete a relevant professional qualification. Residents are able to give their views about the service they receive. Standards of health and safety at the time of inspection were good. EVIDENCE: The manager has been in post since May 2005 although the owner is registered with the CSCI as the service manager. In practice the owner and manager work closely together on a day-to-day basis to manage the home. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 22 The owner has yet to complete the Registered Managers award. See Requirement 5. The minutes of residents’ meetings indicated these take place approximately every two months. The owner said that family members are welcome to attend these meetings if they wish. Minutes of the meetings provided evidence that residents are consulted about how the home is run and are encouraged to raise concerns if they have any. The home could do more to ensure that activities suggested by residents are put in place. For example one meeting noted that “Residents would like dancing” but there was no evidence that this activity had been arranged. The management team has developed surveys to gather the views of residents and family members about the service. The owner said that these will be distributed twice a year. There is a newsletter to keep people informed at events at the home. Family members said that they had found the introduction of the newsletter useful. One family member described the newsletter as “very friendly and informative”. Residents are encouraged to manage their own money where they are able to do so. The home provides facilities for residents to deposit valuable items for safekeeping. The home does not act as appointee for residents. The home was free of obvious health and safety hazards on the day of inspection. All COSHH products were stored appropriately. The home has an appropriate fire detection system, which was serviced in September 2006. A fire risk assessment was carried out in October 2006. Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 23 SCORING OF OUTCOMES This page summarises the assessment of the extent to which the National Minimum Standards for Care Homes for Older People have been met and uses the following scale. The scale ranges from: 4 Standard Exceeded 2 Standard Almost Met (Commendable) (Minor Shortfalls) 3 Standard Met 1 Standard Not Met (No Shortfalls) (Major Shortfalls) “X” in the standard met box denotes standard not assessed on this occasion “N/A” in the standard met box denotes standard not applicable CHOICE OF HOME Standard No Score 1 2 3 4 5 6 ENVIRONMENT Standard No Score 19 20 21 22 23 24 25 26 X 3 2 3 3 N/A HEALTH AND PERSONAL CARE Standard No Score 7 3 8 3 9 3 10 2 11 X DAILY LIFE AND SOCIAL ACTIVITIES Standard No Score 12 2 13 3 14 3 15 3 COMPLAINTS AND PROTECTION Standard No Score 16 3 17 X 18 3 2 3 X X X 3 X 3 STAFFING Standard No Score 27 3 28 3 29 3 30 2 MANAGEMENT AND ADMINISTRATION Standard No 31 32 33 34 35 36 37 38 Score 2 X 3 X 3 X X 3 Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 24 Are there any outstanding requirements from the last inspection? Yes STATUTORY REQUIREMENTS This section sets out the actions, which must be taken so that the registered person/s meets the Care Standards Act 2000, Care Homes Regulations 2001 and the National Minimum Standards. The Registered Provider(s) must comply with the given timescales. No. 1 Standard OP3 Regulation 14 Timescale for action The Registered Person must 30/09/07 ensure that all admission assessments are thorough and provide good quality information to inform the resident’s care plan. The Registered Person must ensure that residents’ dignity and choice is maintained at all times and provide awareness training in this area for staff. The Registered Person must ensure that the activities programme meets residents’ needs. The Registered Person must arrange for windows on the upper floors of the home to be fitted with restrictors to ensure residents’ safety. The Registered Person must ensure that all staff have attended relevant training and that this is recorded on the training record. DS0000017384.V344599.R01.S.doc Requirement 2 OP10 12(4) 30/09/07 3 OP12 16(n) 30/10/07 4 OP19 13(4) 30/09/07 5 OP30 18(1) 30/10/07 Nightingale House (Strafford Road) Version 5.2 Page 25 6 OP31 9(2) The owner must complete the Registered Managers Award. This Requirement is reinstated from the last inspection. 30/10/07 RECOMMENDATIONS These recommendations relate to National Minimum Standards and are seen as good practice for the Registered Provider/s to consider carrying out. No. 1 2 Refer to Standard OP7 OP12 Good Practice Recommendations Review all moving and handling summaries every three months. Arrange appropriate training for the activities co-ordinator and enable the post holder to work alongside an established activities co-ordinator to gain experience. Ensure that activities suggested by residents are put in place. 3 OP33 Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 26 Commission for Social Care Inspection SW London Area Office Ground Floor 41-47 Hartfield Road Wimbledon London SW19 3RG National Enquiry Line: Telephone: 0845 015 0120 or 0191 233 3323 Textphone: 0845 015 2255 or 0191 233 3588 Email: enquiries@csci.gsi.gov.uk Web: www.csci.org.uk © This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI Nightingale House (Strafford Road) DS0000017384.V344599.R01.S.doc Version 5.2 Page 27 - Please note that this information is included on www.bestcarehome.co.uk under license from the regulator. Re-publishing this information is in breach of the terms of use of that website. 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