Inspection on 21/01/08 for Parkvale House

This inspection was carried out on 21st January 2008.

CSCI found this care home to be providing an Good service.

The inspector made no statutory requirements on the home as a result of this inspection and there were no outstanding actions from the previous inspection report.

Other inspections for this house

Parkvale House 01/10/09

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Extracts from inspection reports are licensed from CQC, this page was updated on 08/07/2008.

CARE HOME ADULTS 18-65 Hasting House 124 Park Avenue Whitley Bay Tyne & Wear NE26 1AY Lead Inspector Jim Lamb Key Unannounced Inspection 21st January 2008 10:30 Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 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 Hasting House DS0000070810.V354508.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 Adults 18-65. 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. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Hasting House Address 124 Park Avenue Whitley Bay Tyne & Wear NE26 1AY 0191 2523952 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) Alistair Craig Nurse Alistair Craig Nurse Care Home 7 Category(ies) of Learning disability (7), Mental disorder, registration, with number excluding learning disability or dementia (7) of places Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: 1. The registered person may provide the following category of service only: Care Home only - Code PC To service users of the following gender: Male Whose primary care needs on admission to the service are within the following categories: Learning Disability, Code LD - maximum number of places 7 2. Mental Disorder, Code MD - maximum number of places 7 The maximum number of service users who can be accommodated is: 7 This is a new service. Date of last inspection Brief Description of the Service: From September 2007 this is a newly registered service. The home provides care for seven male service users, with both learning disabilities and mental disorders. A qualified Care Manager must appropriately assess all service users prior to admission to the home. The home is situated near to the sea front in whitley Bay. It is a three storey terraced house in keeping with the local community. Accommodation is provided over three floors and there is no passenger lift, therefore the home is not suitable for anyone with a physical disability. There is a lounge and a small sunroom available on the ground floor, and the kitchen and dining room are also on the ground floor. All bedrooms and other amenities are situated on the first and second floors. To the front of the home there is a small town garden, a courtyard to the rear is accessible to service users. The home is close to all the main amenities of the town, and is near to good transport links. The current scale of charges range from £350.00 depending on individuals needs. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The quality rating for this service is 2 stars. This means that the people who use this service experience good outcomes. How the inspection was carried out Before the visit: We looked at: • Information we have received from this newly registered service. • How the service dealt with any complaints & concerns. • How the home is run. • The provider’s view of how well they care for people. • The views of people who use the service & their relatives, staff & other professionals. The Visit: An unannounced visit was made on 21.1.08 During the visit we: • • • • • • Talked with people who use the service, relatives, staff, the manager & visitors. Looked at information about the people who use the service & how well their needs are met, Looked at other records which must be kept, Checked that staff had the knowledge, skills & training to meet the needs of the people they care for, Looked around the building/parts of the building to make sure it was clean, safe & comfortable, Checked what improvements had been made to the building. We told the manager/provider what we found. What the service does well: The home provides a good range of information to people thinking of coming to the home, so they can make an informed decision. The home makes a full assessment of a person’s needs before deciding if it can meet all those needs. The home and Care Managers draws up detailed plans to meet the care needs of its service users. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 6 Health care needs are also fully assessed and properly met. The home stores medicines safely, and administers them correctly and safely. Service users say that staff treat them well and treat them with respect. The home is working hard to provide appropriate social activities for service users. All are encouraged to keep in regular contact with family and friends. Service users are also encouraged to take as much control over their own lives, as they are able, and make their own decisions. Service users are very complimentary about the food, and there is a balanced diet, with a choice included. Complaints and concerns are taken very seriously. The home is kept clean, hygienic and free from odours. The home has enough staff currently to meet the needs of the service users. The home is very careful as to how it recruits new staff, and runs all the necessary checks on them to protect its service users. The manager is experienced and is providing very positive leadership to the home. Service users’ finances are protected by the home’s policies and accounting systems. The health and safety of the residents and of the staff are protected by the home’s policies and systems. One service user said that “The home is meeting all my needs, the staff are very good and I have lots of freedom and can come and go as I please, this is a much better place compared to where I was previously”. Another said “ I have settled in here very well, the staff listen to what I have to say, and I am happy with my own private space”. What has improved since the last inspection? In September 2007, a new owner purchased the home. During the last four months he has made significant improvements to the home such as, new care plan formats have been implemented, the roof has been renewed, a new sun lounge/meetings room has been added to the rear of the home, the dining room has been refurbished, two bedrooms decorated, a Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 7 new hard-line fire alarm system has been installed, a new kitchen with new appliances has been fitted, new appliances have been installed in the laundry room, new lounge furniture is in place and several TVs have been purchased. During the next few months the proprietor plans to refurbish all other areas within the home, he also plans to change the name of the home to Parkvale House, and he intends to inform CSCI Registration Team of this in the near future. What they could do better: 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. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 8 DETAILS OF INSPECTOR FINDINGS CONTENTS Choice of Home (Standards 1–5) Individual Needs and Choices (Standards 6-10) Lifestyle (Standards 11-17) Personal and Healthcare Support (Standards 18-21) Concerns, Complaints and Protection (Standards 22-23) Environment (Standards 24-30) Staffing (Standards 31-36) Conduct and Management of the Home (Standards 37 – 43) Scoring of Outcomes Statutory Requirements Identified During the Inspection Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 9 Choice of Home The intended outcomes for Standards 1 – 5 are: 1. 2. 3. 4. 5. Prospective service users have the information they need to make an informed choice about where to live. Prospective users’ individual aspirations and needs are assessed. Prospective service users know that the home that they will choose will meet their needs and aspirations. Prospective service users have an opportunity to visit and to “test drive” the home. Each service user has an individual written contract or statement of terms and conditions with the home. The Commission consider Standard 2 the key standard to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 1, 2 and 5 People who use the service experience good outcomes in this area. Prospective service users are provided with enough information about the service to enable them to make a choice about where they want to live. All service users are appropriately assessed prior to admission into the home. All are provided with a written contract explaining their terms and conditions with the home. This judgement has been made using available evidence including a visit to this service. EVIDENCE: Details of the extra charges and what these are for, are in the contract given to service users and are agreed prior to their admission. The homes Statement of Purpose and the Service Users Guide both contained the full range of information required. Two service users’ files were checked and each included a full needs assessment. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 10 They contained a range of appropriate information. The service users are involved in drawing up both these initial assessments and the home’s subsequent service user plans. The 2 service user plans checked by the inspector were comprehensive, and listed details of service user’s needs and actions taken by the staff to meet these needs. These have been agreed with each service users care manager. The service users feedback cards all showed their needs were met and they were happy with the care offered to them. Two care plans were checked and two staff interviewed, which confirmed that a range of specialist services was provided to service users. Staff interviewed had had a range of relevant training and experience, and good knowledge of the service users needs. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 11 Individual Needs and Choices The intended outcomes for Standards 6 – 10 are: 6. 7. 8. 9. 10. Service users know their assessed and changing needs and personal goals are reflected in their individual Plan. Service users make decisions about their lives with assistance as needed. Service users are consulted on, and participate in, all aspects of life in the home. Service users are supported to take risks as part of an independent lifestyle. Service users know that information about them is handled appropriately, and that their confidences are kept. The Commission considers Standards 6, 7 and 9 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 6, 7 and 9 People using the service experience good quality outcomes in this area. The care planning system is clear enough to ensure that staff has the information they need to meet the assessed needs of the service users. Service users are supported to make decisions about their lives, and take risks to promote their independence. This judgement has been made using available evidence including a visit to this service. EVIDENCE: There are comprehensive assessments in the service users’ care plans. There is also a comprehensive risk assessment of service users. These have been agreed and implemented with service users by their Care Managers. It is recommended that both care plans and service users risk assessments are also monitored and reviewed by the staff, and evaluated each month. This process will enable staff to monitor each service users agreed needs, and identify any issues that need to be acted upon quickly, this process will also Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 12 provide other professionals involved with documented information/evidence that they may find useful. There are advocacy arrangements, as well as family input, to represent service users. There was clear evidence that the service users Care Managers provide excellent ongoing support to both service users and the staff team. There are good systems in place that will ensure that the placement and the service users plans are reviewed regularly. These involve the care managers and the service users representatives. Service users can use a range of external agencies that promote independence. Any rights that are restricted are linked to risk assessments. Each service user receives support from staff to manage their finances independently. Service users’ feedback cards all showed that they are able to make decisions for themselves, and that they are happy with all aspects of the care that they receive. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 13 Lifestyle The intended outcomes for Standards 11 - 17 are: 11. 12. 13. 14. 15. 16. 17. Service users have opportunities for personal development. Service users are able to take part in age, peer and culturally appropriate activities. Service users are part of the local community. Service users engage in appropriate leisure activities. Service users have appropriate personal, family and sexual relationships. Service users’ rights are respected and responsibilities recognised in their daily lives. Service users are offered a healthy diet and enjoy their meals and mealtimes. The Commission considers Standards 12, 13, 15, 16 and 17 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 12, 13, 14, 15 and 17. People who use the service experience good quality outcomes in this area. S ervice users are supported to live a normal life in the community. They have regular access to a wide range of community activities, and maintain contact with their family and friends. They receive support and encouragement to enable them to be in control of their own lives. EVIDENCE: Service users use a range of community-based services, which promotes and provides opportunities to learn and use life skills. Two service users attend a support employment scheme. All are supported to live a normal life in the community. They are supported and encouraged to be in control of their own lives, to enjoy their own interests and to continue to go about their daily lives as they chose. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 14 The home shares a mini bus with another home owned by the provider. The provider also owns a farm, and service users have access to horse riding, fishing, and to growing vegetables. There is also a caravan that they can use if they wish. The service user at Hastings house and service users from the providers other home have formed a football team; their next game is against a local Hospital team. The staff team liaise closely with external agencies, other professionals involved and each individual Care managers in order to monitor each service user’s progress. All service users are supported to maintain very close links with their families. They can choose who they want to see and when. Daily routines promote independence, choice and freedom of movement, and all service users are involved in housekeeping tasks, and this helps to promote their independence. The Home’s menus are based on the known likes and dislikes of the service users. At least two hot meals are provided each day. Service users have access to the kitchen and can prepare snacks, meals for themselves if they wish. The service users spoken to said that the meals were very good, and confirmed that they are always provided with a choice. Some service users help staff with the food shopping. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 15 Personal and Healthcare Support The intended outcomes for Standards 18 - 21 are: 18. 19. 20. 21. Service users receive personal support in the way they prefer and require. Service users’ physical and emotional health needs are met. Service users retain, administer and control their own medication where appropriate, and are protected by the home’s policies and procedures for dealing with medicines. The ageing, illness and death of a service user are handled with respect and as the individual would wish. The Commission considers Standards 18, 19, and 20 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 18, 19 and 20 People who use the service experience good quality outcomes in this area. Suitable plans of support were in place and staff understood the health care needs of the service user. The health care needs of service users are monitored and recorded. The arrangements for the administration and recording of medication are satisfactory. This mean’s that service users receive the health care that they need. EVIDENCE: Service users do not have any moving and handling needs, all are independent and manage their own personal care. Privacy and dignity are respected at all times, and service users confirmed this. Service users care records showed that they have access to external health care services. G.Ps visit when necessary, and they are referred for specialist health care if appropriate. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 16 All service users receive regular health care checks. Staff who have completed relevant training administers medication. A sample of medication records was examined. These include resident photographs for identification purposes. Clear directions were recorded and each dose of medication was signed for, or a code entered to verify the reason not given. No controlled drugs are currently prescribed, should this change appropriate procedures will be put in place. Privacy and dignity issues are built into the home’s policies and procedures and staff training. All personal care and medical examination/treatment is carried out in private. The dispensing pharmacist offers good support and advice. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 17 Concerns, Complaints and Protection The intended outcomes for Standards 22 – 23 are: 22. 23. Service users feel their views are listened to and acted on. Service users are protected from abuse, neglect and self-harm. The Commission considers Standards 22, and 23 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 22 and 23 People who use the service experience good quality outcomes in this area. This judgement has been made using available evidence including a visit to this service. Procedures are in place to protect service users from abuse or harm. All staff has undertaken Safeguarding Adults training. Service users are confident that their concerns/complaints are listened to and acted upon. EVIDENCE: There is a complaints procedure. It contains details of how to contact the CSCI to make a complaint, if complainants are not happy with the homes investigation and response. The procedure is written in a way that ensures service users fully understand its contents. Two service users said that they had been given copies of the procedure and that staff listened to their concerns/complaints and dealt with them fairly. The home has a complaints book. The home was registered in September 2007, and since then there have been no complaints received. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 18 The home has a Whistle Blowing policy and the Local Authorities Vulnerable Adults procedures. The home also has a copy of the Department of Health’s document, “NO SECRETS”. Adult Protection Training is ongoing for all staff employed. The Home keeps financial records on behalf of the service users. Each has an individual bank account. In order to make the records more clear, it was agreed with the proprietor to amend the headings in the financial records to; date, amount held, amount paid to service user, balance. Receipts of personal spending are kept. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 19 Environment The intended outcomes for Standards 24 – 30 are: 24. 25. 26. 27. 28. 29. 30. Service users live in a homely, comfortable and safe environment. Service users’ bedrooms suit their needs and lifestyles. Service users’ bedrooms promote their independence. Service users’ toilets and bathrooms provide sufficient privacy and meet their individual needs. Shared spaces complement and supplement service users’ individual rooms. Service users have the specialist equipment they require to maximise their independence. The home is clean and hygienic. The Commission considers Standards 24, and 30 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 24, 25, 26, 27, 28, 29 and 30 People who use the service experience adequate quality outcomes in this area. This judgement has been made using available evidence including a visit to this service. The new provider is striving to provide a comfortable and safe environment for those living there. The standard and decoration within the home is gradually improving. Some areas still need to be improved, and the provider has plans for these in place. Communal areas and bedrooms are large enough to meet the service users needs. All areas within the home are clean, and free from offensive odours. EVIDENCE: The fire service and the environmental health department had made visits to the home. Requirements made by these organisations had been met. A new Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 20 hard wire fire alarm system has been installed, and a new kitchen with new appliances has also been fitted. The proprietor has made other improvement to the home, these include: a new roof to the whole building, built a sun lounge/meeting room to the rear of the home, new washing machine and dryer, two bedrooms have been decorated, new bed linen purchased, new lounge furniture, and the dining room has been refurbished. There are plans to refurbish all other areas within the home during the next few months Service users can see visitors in private in their own rooms. There is a smoke-free sitting room. All bedroom doors have privacy locks. Service users’ bedrooms have opening windows. The rooms were centrally heated and the heating level could be controlled within each bedroom. There was emergency lighting throughout the home, one of these was not working, the assistant manager has reported this, and will make sure that it is repaired as soon as possible. Water is stored at over 60°C. Valves at water outlets ensure water is provided close to 43°C to prevent scalding. The home was clean and free from offensive odours. The laundry facilities are well organised, and this area will be decorated in the near future. The washing machine has the specified programme to meet disinfection standards. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 21 Staffing The intended outcomes for Standards 31 – 36 are: 31. 32. 33. 34. 35. 36. Service users benefit from clarity of staff roles and responsibilities. Service users are supported by competent and qualified staff. Service users are supported by an effective staff team. Service users are supported and protected by the home’s recruitment policy and practices. Service users’ individual and joint needs are met by appropriately trained staff. Service users benefit from well supported and supervised staff. The Commission considers Standards 32, 34 and 35 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 32, 34 and 35 People who use the service experience good quality outcomes in this area. This judgement has been made using available evidence including a visit to this service. There is a good match of well-qualified staff offering consistency of care within the home. There are robust procedures in place for the recruitment and selection of new staff, which helps to protect service users. The staff receives supervision and this provides them with a good understanding of the service users support needs. EVIDENCE: Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 22 Staff levels on the day of the inspection met the agreed level. Staff were on duty: 2 staff between 8am and 8pm with one between 8pm and 8am. Currently there are six service users. The Prorietor is aware that staffing levels will have to increase if the dependency levels of the service users increase. Staff said that staffing levels were appropriate for the time being. All the staff were over 18 years of age and those left in charge were at least 21. Training needs of staff are identified in supervision and appraisal sessions. The training programme meets The National Training Organisation requirements for the first six months. Staff said they receive paid training. Two staff recruitment files were examined; the service has a rigorous staff recruitment and selection process to ensure that all appropriate checks and references are in place prior to employment. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 23 Conduct and Management of the Home The intended outcomes for Standards 37 – 43 are: 37. 38. 39. 40. 41. 42. 43. Service users benefit from a well run home. Service users benefit from the ethos, leadership and management approach of the home. Service users are confident their views underpin all self-monitoring, review and development by the home. Service users’ rights and best interests are safeguarded by the home’s policies and procedures. 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 are promoted and protected. Service users benefit from competent and accountable management of the service. The Commission considers Standards 37, 39, and 42 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 37, 39 and 42 People who use the service experience good quality outcomes in this area. This judgement has been made using available evidence including a visit to this service. The manager provides clear leadership throughout the home with all staff demonstrating an awareness of their roles and responsibilities. The systems for service users’ consultation are good, and service user’s views are both sought and acted upon. The health and safety of the service users is promoted. The service is aware of equality and diversity and its implications. EVIDENCE: Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 24 The Proprietor/manager has the appropriate qualifications, experience and skills necessary to manage the service. Staff spoken to were both clear about their responsibilities and the needs of the service users. Service users are told when inspections take place and these are discussed in service user meetings. Copies are available for relatives and others to see. The service has developed a range of policies and procedures which have been linked to the National Minimum Standards. A quality system is in place to monitor the quality of the service provided, this involves gaining feedback from service users, relatives and professionals involved with the home, the outcomes will be published and made available to all prospective service users. The home is also in the process of implementing an annual development plan. The records inspected were found to be appropriately completed. These included the fire log book, accident records, personal allowance records and Health and Safey records. There are appropriate maintenance contracts for the home. Water storage tanks, gas and electrics will be checked annually. The home has appropriate public liability insurance in place. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 25 SCORING OF OUTCOMES This page summarises the assessment of the extent to which the National Minimum Standards for Care Homes for Adults 18-65 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 3 2 3 3 X 4 X 5 3 INDIVIDUAL NEEDS AND CHOICES Standard No 6 7 8 9 10 Score CONCERNS AND COMPLAINTS Standard No Score 22 3 23 3 ENVIRONMENT Standard No Score 24 2 25 2 26 3 27 3 28 3 29 N/A 30 3 STAFFING Standard No Score 31 X 32 3 33 X 34 3 35 3 36 X CONDUCT AND MANAGEMENT OF THE HOME Standard No 37 38 39 40 41 42 43 Score 3 3 X 3 X LIFESTYLES Standard No Score 11 3 12 3 13 3 14 3 15 3 16 3 17 3 PERSONAL AND HEALTHCARE SUPPORT Standard No 18 19 20 21 Score 3 3 3 X 3 X 3 X X 3 X Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 26 Are there any outstanding requirements from the last inspection? NO 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. Standard Regulation Requirement Timescale for action 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. 3. Refer to Standard YA6 YA23 YA24 Good Practice Recommendations Devise a system to monitor, review, and evaluate service users care plans and risk assessments on a regular basis. Change the headings on the service users finance records, to provide a clear audit record of any cash managed on their behalf. Continue plans for the refurbishment of the home. Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 27 Commission for Social Care Inspection Cramlington Area Office Northumbria House Manor Walks Cramlington Northumberland NE23 6UR 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 Hasting House DS0000070810.V354508.R01.S.doc Version 5.2 Page 28 - 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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