Inspection on 31/08/05 for Tobias Centre For Autistic Support Services

This inspection was carried out on 31st August 2005.

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

Tobias Centre For Autistic... 16/07/08

Tobias Centre For Autistic... 16/07/07

Tobias Centre For Autistic... 17/07/06

Tobias Centre For Autistic... 02/03/06

Tobias Centre For Autistic... 03/02/05

Tobias Centre For Autistic... 23/09/04

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2 Perhaver Park

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St George`s

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Credence House

Radfords

Trevaylor Manor

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

CARE HOME ADULTS 18-65 Tobias Centre For Austistic Support Services 8 St. Margarets Road Torquay Devon TQ1 4NW Lead Inspector Sam Sly Unannounced 31st August 2005 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 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 Stationary 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. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 3 SERVICE INFORMATION Name of service Tobias Centre For Austistic Support Services Address 8 St. Margarets Road, Torquay, Devon, TQ1 4NW Telephone number Fax number Email address Name of registered provider(s)/company (if applicable) Name of registered manager (if applicable) Type of registration No. of places registered (if applicable) 01803 312867 01803 323891 thetobiascentre@tiscali.co.uk Modus Care Limited Mr Neil Roy Jones Care Home 11 Category(ies) of Learning disability (11), Mental disorder, registration, with number excluding learning disability or dementia (11) of places Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 4 SERVICE INFORMATION Conditions of registration: None Date of last inspection 3rd February 2005 Brief Description of the Service: The Tobias Centre provides care for up to eleven adults with autistic spectrum disorder and additional sensory disabilities. At present six residents are accomodated, and due to their complex needs and the high staffing ratios required it is unlikely that services would be provided for more than this number. The home is a large detached house situated in a residential area of Torquay close to local amenities. There is an enclosed garden to the front and rear of premises with grassed and patio areas. The basement is set out as a flat for one resident with a lounge, quiet room, kitchen, bathroom and spare room. The registered manager also has an office in the basement and there is a staff toilet. The main house has a communal kitchen, lounge and dining/activity room, with two quiet rooms used by specific residents. All bedrooms are single and some en-suite, with several additional bathrooms and toilets. Two communal rooms are currently under-used as a store room and computer room and this situation is being reviewed by the Owners. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The Inspection was unannounced and took place during the morning of a weekday in August. Judgements were based on examination of care records, some staff information, and health and safety records. Discussion took place with the deputy manager Kelly Melrose, and most of the staff on duty. Time was also spent with all the residents observing the care being provided and their interaction with staff. A tour of the building was carried out. All the residents had been living at the Tobias Centre for a number of years. What the service does well: What has improved since the last inspection? What they could do better: Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 6 It was of concern that five requirements have had to be repeated at the last three Inspections: September 2004, December 2004 and February 2005, and are still not met although some progress has been made on some requirements. Not all staff had received appropriate adult protection and medication administration training, which could lead to residents being at risk of harm. Although a quality assurance system had been drafted at the last Inspection, there was no evidence that the Owners had implemented this system so residents, and the Commission, could not be reassured that the services were continually improving. Some improvements were needed to fire prevention at the Tobias Centre to ensure residents remained safe. Clear procedures and information was needed so that residents understood what their Disability Living Allowance was being spent on and were able to be involved in this decision-making. Although, maintenance issues were being recorded, there was no plan with timescales in place to reassure residents, and the Commission, that maintenance issues would be resolved. Please contact the provider for advice of actions taken in response to this inspection. The full report of this inspection is available from enquiries@csci.gsi.gov.uk or by contacting your local CSCI office. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 7 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 Standards Statutory Requirements Identified During the Inspection Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 8 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 2 Prospective resident’s needs and aspirations would be thoroughly assessed prior to admission. EVIDENCE: There had been no new residents for over two years. However, resident’s needs were regularly reviewed and the two care plan files examined were in the process of being updated. The deputy manager had recently received specialist training, provided by the Owners, that had improved her reassessment skills. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 9 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 6, 7 & 9 Residents can be confident that their needs and goals are documented, understood by staff and action taken to make them as independent as possible. EVIDENCE: Two resident’s care planning files were examined and found to have detailed information on their needs and areas of risk. The deputy manager said she and other staff had just reviewed resident’s needs and were in the process of updating care plans. There was evidence of regular reviews taking place with the involvement of family and other professionals. A regular newsletter was also sent to the resident’s representative to keep them informed. The resident’s key worker was involved in writing the newsletter. Risk assessments were very detailed with clear plans for staff. Records were kept of activities residents participated in, appointments, behavioural incidents and daily routines. These records were used to inform care plans, and to inform professionals at reviews. It was recommended, due to the large amount of information kept in resident’s files that files are ‘spring cleaned’ and only the most up to date and relevant information is kept in their care-planning file. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 10 Daily records were also kept, and a daily planner used to inform staff of their jobs each day including who they were working with and what activities were planned for each resident. It was observed that staff encouraged residents to make decisions during the Inspection, and within records there was evidence that this was widespread practice. Staff all had the skills, and were given training, to enable them to communicate with residents who had a range of difficulties. The deputy manager said that the home now had symbol software, and would be developing further the use of symbols for some of the residents. None of the residents managed their own finances, and had their own bank accounts. Records were kept appropriately for cash kept in the home for residents. Bank account records were kept at the Owners head office and therefore were unable to be seen by the Inspector. It was of concern that there was an outstanding requirement from the previous three Inspections with regard to clarification of why and how money was paid to the Owners from residents Disability Living Allowance. This requirement was not met at the Inspection, and the deputy manager did not know anything about the matter. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 11 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 12, 13, 14 & 15 There are enough staff, and a range of activities available to enable residents to choose what to do in and out of the home. EVIDENCE: Residents all have high levels of staffing support and are therefore able to get out into the community everyday. Staff understood the needs of residents that sometimes put constraints on where residents could go and what they could do, but there was evidence that staff received training and worked towards increasing experiences and opportunities for residents. Within the home art and craft sessions took place, and residents were encouraged to participate in household chores. In the community residents did activities they valued. One resident went horse riding, most residents liked going for walks and trips out and residents regularly ate out and visited local shops. New activities are continually explored and offered, although often declined by the residents. Family links and involvement is promoted at the Tobias Centre, and new ways of keeping in contact explored. One resident now has a mobile phone so as to Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 12 text their family regularly. Newsletters are sent to families to keep them in touch with their relatives, and families are invited to review meetings. Residents are also taken to visit family and friends on a regular basis, as well as keeping in touch by phone and letter. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 13 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 18, 19 & 20 Residents receive support with personal and health care in ways they prefer and require. Without appropriate training staff administering medication could potentially put residents at risk. EVIDENCE: The personal support provided involves prompting, motivating, guidance and supervision. Care plans detailed how staff should provide this support, and staff were observed to be following guidelines. Residents had key workers, who were clear about their roles and made sure residents has appropriate clothing, and personal hygiene products. Daily routines were flexible around the needs of residents. Professional support was used appropriately, and regular health care checks were carried out. Specialist autistic spectrum support and training was given by professionals employed by the Owners, which encouraged positive interaction and encouragement from staff. Procedures for the receipt, administration, recording, storage and handling and medicines in the home were being followed and there was an in-house competency assessment of staff before they were able to administer medication. However, it was concerning that only four staff had attended a Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 14 care of medicines course of a standard agreed by the Commission, despite this having been made a requirement at the previous three Inspections. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 15 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 23 Although appropriate training was now in place, not all staff had the knowledge on how to protect residents for abuse. EVIDENCE: The Owners had employed a trainer to ensure all staff would receive the information about how to protect residents from abuse. The Owners had also employed a training co-ordinator. So far ten out of the twenty-five staff had received training. Staff that had received the training were able to demonstrate an understanding of abuse, and what to do if they came across an abusive situation. That all staff received adult protection training was an outstanding requirement from the last three Inspections. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 16 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 at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 24 & 30 Without an on-going plan in place, showing when maintenance issues will be addressed, residents cannot be confident that the premises will be kept clean, comfortable and safe. EVIDENCE: There had been improvements made to the Tobias Centre since the last Inspection, the main one being that a new kitchen was being installed on the day of Inspection. One bedroom had been totally redecorated, and was just awaiting new furniture, and another was in the process of being redecorated. The deputy manager said a maintenance co-ordinator had just been employed by the Owners to ensure maintenance issues are resolved swiftly. The deputy manager was doing regular maintenance checks and the list of issues was then sent to the Owners. She was fully aware of many of the issues identified during the Inspection, and identified other refurbishment she wanted done. What was not available in the Home was a written on-going maintenance and renewal programme, which showed that action was being taken or was planned to be taken on the issues identified on the day of Inspection. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 17 A tour of the building found that the quiet rooms were not homely, and the sofa required replacing. The dining room required redecoration, and the fireplace needed repairing. One of the bedroom’s smelt of damp coming from the bay window wall, some windows were dirty, one bedroom door was being held open with a shoe and required an appropriate fire door self-closer as the resident liked it being kept open. The first floor hallways required repainting and some carpeting was worn. Neither the fire service nor the environmental health department had visited since the last Inspection. The majority of staff had attended Infection control training, and there were policies and procedures in place to control the spread of infection. The laundry facilities were appropriate for the needs of residents. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 18 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 35 the key standard to be inspected at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 32, 33, 35 & 36 There were sufficient numbers of staff who had or were gaining the qualities, skills, qualifications, supervision and support to meet the needs of residents. EVIDENCE: Staff were observed to be interacting at all times with residents, using specialist communication skills with those that did not communicate with speech. Staff were enthusiastic, approachable, interested and motivated and residents were seen to be at ease with the staff team. The Owners had appointed a training co-ordinator, and a training plan was available. Although only 2 staff had completed NVQ level 2, ten staff were doing NVQ 2 or 3. Staff were very complimentary about the range of quality of training provided, and felt it helped them do their jobs. The number of staff on duty at any one time reflected the high needs of residents. The deputy manager said that staffing levels had recently dropped slightly, and this was being addressed with the Owners. The staff spoke of the staff team in a positive manner stating that everyone worked well together, were supportive and enthusiastic. Staff appointed since the last Inspection praised the support and induction the management team had given them when they started. This had made them feel safe and well equipped to work with residents. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 19 The staff files were not available in the home, and as the headquarters had moved to Exeter there was no way of examining the records. It was required that at the next Inspection records be available in the home. A list confirming that all staff had undergone a Criminal Record Bureau check was faxed through from the Head Office. Each staff member had a training file, and had undertaken an induction and competency assessment, however the deputy manager was unable to clarify whether the induction and foundation training adhered to the National Training Organisation Specification, or was Learning Disability Award Framework accredited. Staff were well supervised and records were kept. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 20 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 39, and 42 the key standards to be inspected at least once during a 12 month period. JUDGEMENT – we looked at outcomes for standard(s) 39 & 42 The health, safety and welfare of residents are promoted and protected. Residents cannot be confident that the quality of service at Tobias is systematically monitored, reviewed and improved. EVIDENCE: The deputy manager was unable to give the Inspector any information on how the home’s quality assurance system was progressing. That a system was developed and implemented was an outstanding requirement from the previous three inspections. Staff were receiving a range of health and safety training including food hygiene, basic health and safety, first aid, fire safety, manual handling and infection control. They also received training in dealing with aggression from residents in positive ways. Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 21 Accidents and incidents were being recorded correctly and analysed. The Fire logbook was up to date, but there was no record that issues identified during the regular fire safety checks were being actioned. There were policies and procedures in place to ensure the health and safety of residents and staff, and regular servicing of electrical and heating systems was carried out. All water sources were regulated and all radiators were guarded. There were good risk assessments carried out for each resident. On resident was using a shoe to hold open a bedroom fire door, and it was required that a self-closer was fitted if the resident wanted the door open. 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. Where there is no score against a standard it has not been looked at during this inspection. 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 CONCERNS AND COMPLAINTS Standard No 1 2 3 4 5 Score x 3 x x x Standard No 22 23 ENVIRONMENT Score x 2 INDIVIDUAL NEEDS AND CHOICES Standard No Tobias Centre For Austistic Support Services Score Standard No 24 25 26 27 Score 2 x x x Version 1.20 Page 22 D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc 6 7 8 9 10 LIFESTYLES 3 2 x 3 x Score 28 29 30 STAFFING x x 3 Standard No 11 12 13 14 15 16 17 x 3 3 3 3 x x Standard No 31 32 33 34 35 36 Score x 3 3 x 3 3 CONDUCT AND MANAGEMENT OF THE HOME PERSONAL AND HEALTHCARE SUPPORT Standard No 18 19 20 21 Score 3 3 2 x Standard No 37 38 39 40 41 42 43 Score x x 2 x x 3 x Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 23 Yes Are there any outstanding requirements from the last inspection? 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 7 Regulation 20 Requirement The Owners must clarify to the Commission for what reasons residents Disability Living Allowance is taken, and provide the policy and procedure relating to this (Previous timescale of 30/10/04, 16/03/05 - not met) All staff administering medication must have appropriate training (Previous timescale of 30/11/04, 16/03/05 - not met). All care staff must have appropriate adult protection training (Previous timescale of 30/12/04, 16/03/05 - not met). The Owners must have available in the home the on-going maintenace and renewal programme with timescales. In this instance a copy must be sent to the Commission (Previous timescale 30/10/04, 16/02/05 - not met). Self-closers of a design agreed by the Fire Service must be fitted to bedroom fire doors if the resident choses to keep the door open. Records must be kept that issues identified during the fire checks Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 24 Timescale for action 05/11/05 2. 20 13 (2) 05/11/05 3. 23 13 (6) 05/11/05 4. 24 23 05/11/05 5. 24 & 42 23 (4) 05/11/05 are acted on. 6. 39 24 There must be an appropriate quality monitoring and quality assurance system in place, with includes views of residents, their representatives, and stakeholders. An annual development plan must be developed and a report produced and made available for the Commission, residents and other interested people (Previous requirement 30/12/04, 16/03/05 - not met). 05/12/05 7. 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 6 1 & 20 35 Good Practice Recommendations Ensure only the most up to date and relevant information is kept in residents working files. Residents inventories of belongings should be updated.. Send the Commission up to date copies of the Homes Statement of Purpose, Service User Guide and Medication policy and procedure. The Owners should confirm whether the Induction and Foundation training used at Tobias is to NTO specification and LDAF accredited. At least 50 of care staff should have at least NVQ 2 by 31st December 2005. The Owners should ensure that the application to register Kelly Melrose as manager is sent to the Commission. 4. 37 Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 25 Commission for Social Care Inspection Unit 1 Linhay Business Park Ashburton TQ13 7UP National Enquiry Line: 0845 015 0120 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 Tobias Centre For Austistic Support Services D54-D07 S18443 Tobias Centre V214870 310805 Stage 4.doc Version 1.20 Page 26 - 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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