Terms and Conditions ("Terms")
Last updated: October 31, 2017
CareBig Limited Registered in England and Wales with company registration number: 10607389.
Registered office: Shine, Harehills Road, Leeds LS8 5HS
1. DEFINITIONS AND INTERPRETATION
“Caregivers”: means individuals working on self-employed basis and offering their services via CareBIG.
“Care Seekers” or “users”: refers to individuals using CareBIG to engage the services of self -employed “carers” to enter into a contractual relationship.
“Registered Data” / “Personal Data”: this will include your first name, first three digits of your postcode, gender
2.1. The CareBIG website provides an online platform where self-employed Caregivers and Care Seekers can connect with one another. We provide the ability for Care Seekers to search our online database of self-employed Caregivers, messaging functionality between Caregivers and Users and review system to leave feedback.
2.2. We do not provide care. Instead, we are classed as an “introductory agency” as per CQC guidelines. In line with these guidelines we are not permitted to make changes to the care plan, provide rotas or effect control of how care is provided. We do not employ Caregivers. We are neither an employment agency or care agency, neither do we directly supply Caregivers to Care Seekers.
2.3. The use of the tools provided by CareBIG are strictly on a self-employed basis and Caregivers or Users use them at their own risk. We do not take any responsibility for when such tools do not work. We do not accept any liability for losses damages caused when such tools are down or not functioning correctly.
2.4. The information contained on the website does not represent any statement by the Company as to the suitability or otherwise of the Care Seekers for Caregivers. Nor does the Company accept any responsibility or liability whatsoever of the quality, suitability or timeliness of the Caregivers. It is entirely the Care Seekers responsibility to ensure the suitability of any Caregiver engaged.
2.5. The Company disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the use of the online tools provides, the engagement of Caregivers all the provision of care services by Caregivers.
3.REGISTRATION AND RULES OF CONDUCT AND USE OF SERVICE
3.1 By registering with the Company, you confirm that:
(a) you understand and accept these terms of business;
(b) you are resident in the United Kingdom;
(c) you are at least 18 years of age;
(d) you are legally capable of entering into binding contracts;
(e) you have provided information which is true, accurate and current;
(f) you will maintain information to ensure it remains accurate, true and current. Such information shall include your availability to provide care (where appropriate);
(g) you will monitor your account and respond promptly to any contact from us all from a Care Seeker or Caregiver;
(h) where registering on behalf of someone else you confirm that you are authorised to do so and confirm that the information provided is true and accurate to the best of your knowledge and belief;
(i) you understand that once you have registered a Registered User of our website. Registered Users may request care as required or may apply to supply care as applicable. You understand that the terms of business apply irrespective of which of these rules you perform;
(j) you understand that we reserve the right to suspend or terminate your account indefinitely for any reason without notice or liability to you;
(k) you understand that we may deactivate your account if you have not logged on to the website and/or used our service for a period of 3 months or more (as calculated by the date of the last connection to the website);
(l) you confirm that you will not provide any medical care to any Care Seeker;
(m) you will provide any care in accordance with terms agreed with Care Seekers, using your reasonable care and skill in accordance with all relevant regulations and requirements;
(n) you will provide us with any requested references and vetting information as soon as practicable;
(o) you will arrive promptly to provide any care which you have agreed to provide and notify the Care Seeker in advance where you be late or unable to provide the care which you have agreed to provide;
(p) you will keep information about other Registered Users confidential;
(q) you understand that you will not discriminate against a Caregiver or Care Seeker on the basis of skin colour, nationality, disability, age, gender, sexual orientation, marital status or any other potential source of discrimination;
(r) you understand that behave in a manner professional and with honesty and integrity;
(s) you understand that you must disclose where you are a member of your household has been the subject of a restraining order, complaint, only other legal action involved with being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft and fraud, or any offence that involves endangering the safety of others, dishonesty, negligence, drugs, and are currently or have been ex-offenders register or similar list;
(t) you understand that the arrangement in relation to rates of pay are agreed between the Caregiver and Care Seeker;
(u) you understand that you are responsible for your own personal safety a Registered User and should take all necessary precautions when meeting someone for the first time;
(v) you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from the Company in relation to our services;
(w) you understand that any dispute between Care Seeker and Caregiver must be resolved between the parties and we do not accept any liability for claims, demands or direct or indirect damages arising from disputes and (x) and you understand that we may, from time to time, vary the terms and conditions of business.
4. USE OF CARE SEEKER/PERSONAL ASSISTANT DATA
4.1. Caregivers agree that any Registration Data/Personal Data will be shared with Care Seekers where matches are made. The provision of this information is deemed relevant to allow Care Seekers to make a decision prior to any booking.
4.2. We shall not, except in accordance to our terms and conditions, disclose confidential sensitive information about you to other Registered Users or third parties without your consent.
4.3. Where you are provided with any username, password or any other piece of information is part of our security procedures, you must treat such information as confidential, you must not disclose it to a third party, other than those authorised by you. We reserve the right to disable or suspend any user identification code or password, whether chosen by you or allocated by us, any time, if in our opinion you have failed to comply with any of our terms and conditions.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. We are the owners or the licensee of the intellectual property rights contained in the website and in the material published on it. You must not use any of our website content for your personal use.
5.2. The CareBIG name and logo are trademarks of CareBIG. Nothing contains these terms business for the website may be construed as conferring any license or right to use the intellectual property of materials care, name or logo of CareBIG or any third party.
5.3. We also reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
6. CAREGIVER CHECKS
6.1 We make all reasonable efforts to check the identity of Caregivers. This includes:
(a) Existing DBS checks;
(b) Passport to confirm identity and right to work in the United Kingdom;
(c) Qualifications and training certificates where available;
(d) References where permission is granted.
6.2 We do not:
(a) Check full employment history care experience and recommend that Care Seekers conclude their own assessment of a Caregivers suitability before engaging with the services. We recommend that an interview is undertaken in person, identification documentation is checked, experience, training, qualification documentation is requested and that references are obtained.
7. INSURANCE REQUIREMENTS
7.1 All Care Seekers should check their insurance cover prior to any engagement to ensure that it allows for a Caregiver to work in their home and should verify with Caregivers if they have their own independent insurance cover.
8. CARE SEEKER REQUIREMENTS
8.1 As a Care Seeker you will provide a safe working environment for Caregivers.
8.2 As a Care Seeker you understand that the rate of pay for any care provided by a Caregiver will be agreed between the parties.
8.3 As a Care Seeker you understand the responsibility to decide the suitability of any Caregiver in accordance with your needs and requirements.
9.1 This clause sets out the entire financial liability of CareBIG (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of any breach of the Terms and Conditions; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
9.2 Except as expressly set out in these terms of business, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from the terms of business.
9.3 Nothing in these terms of business limits or excludes the liability of CareBIG for death or personal injury resulting from negligence; or for any damage or liability incurred by the Caregiver or Care Seeker as a result of fraud or fraudulent misrepresentation by CareBIG.
9.4 Subject to clause 9.3:
a) CareBIG shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
b) CareBIG total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to any payments made.
10.1 Each party shall at all times keep secret and confidential all technical or commercial know-how, specifications, inventions, processes, initiatives, business and trade secrets, methods of doing business, client lists, Applicant details and all other information of a confidential nature ("Confidential Information") which has been disclosed to that party (the "Receiving Party") or the Receiving Party's agent by the other party (the "Disclosing Party"), the Disclosing Party's employees, agents or sub-contractors and any other confidential information concerning the Disclosing Party's business or its products which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging its obligations under the terms of business, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party.
10.2 Clause 10.1 above shall not apply to confidential information which:
a) is in the public domain or is already lawfully known to either party at the time of disclosure; or
b) subsequently comes lawfully into the possession of either party from a third party; or
c) subsequently enters the public domain otherwise than as a result of unauthorised disclosure by the Receiving Party or any other person; or
d) required to be disclosed as a matter of law.
10.3 In the event that either party discloses any Personal Data (as defined in Section 1 of the Data Protection Act 1998) to the other regarding any individual (the "Data Subject") the Receiving Party undertakes to process the Personal Data only to the extent and in such manner, as is necessary to discharge its obligations under the terms of business and in accordance with the Disclosing Party's instructions from time to time and shall not process the Personal Data for any other purpose.
10.4 The Receiving Party shall not transfer the Personal Data outside the European Economic Area without the prior written consent of the Disclosing Party.
11.1 The parties may (without prejudice to any other rights) with immediate effect terminate the Contract by written notice to the other:
a) if the other commits a material breach of any provision of the terms of business which is not capable of remedy; or
b) commits a breach of any provision of these terms of business which is capable of remedy and fails to remedy such breach within 30 days of receipt of a notice from the innocent party specifying the breach;
c) if the other party becomes bankrupt insolvent compounds with its creditors or shall have distress or execution levied upon its property or is wound up or goes into liquidation (except for the purposes of a bona fide reconstruction) or shall have a receiver administrative receiver or administrator appointed of the whole or any part of its assets or shall suffer the appointment of any similar person under the laws of its domicile.
11.2 The exercise of the rights granted under this clause shall not prejudice or affect any right of action or remedy which may have already accrued or may accrue thereafter to either party.
12.1 The CareBIG website uses “cookies”. A cookie is a small data file that certain websites store on your computer’s hard drive when you visit such websites. Cookies can contain information such as your ID in the pages you have visited. The only personal information a cookie contains is information that you have personally supplied.
13. GENERAL PROVISIONS
13.1 Each provision of the terms of business is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of the agreement, but the validity, legality and enforceability of all other provisions of the terms of business shall not otherwise be affected or impaired, it being the parties' intention that every provision of the terms of business shall be and remain valid and enforceable to the fullest extent permitted by law.
13.2 Neither party shall have any liability to the other under the terms of business if it is prevented from or delayed in performing any of its obligations under the terms of business (except a payment obligation) or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving that party's workforce or that of any other party), failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
13.3 The CareBIG website has numerous security measures in place to protect the loss, misuse and alteration of information under control, such as passwords and files stop we cannot, however, guarantee that these measures are all will remain adequate. We, however, take data security seriously and use our reasonable endeavours to protect the integrity of your Personal Data.
13.4 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
13.5 A person who is not a party to the terms of business has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the terms of business.
13.6 We reserve the right to revise and amend these terms of business from time to time without notice. Please note shall be subject to the policies and terms conditions in force at the time that you post, apply for or accept care, or otherwise access the website.
13.7 All material website is protected by copyright. No part of the website may be reproduced, transmitted to, or stored in any other website or in any other form of electronic medium without express written consent from us. 13.8 Any complaint should be sent via email to email@example.com. We take complaints very seriously and are committed to improving our service.
13.9 The terms of business shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.