Definitions of terms:

“Personal Carer Concierge” means an online marketplace for care provided via the Personal Carer platform

“Carers” means individuals delivering care services via the Personal Carer platform

“Care seekers”“customers” means individuals using the Personal Carer Concierge service to search for care and engage with carers

 

General Terms of Personal Carer Concierge

About Personal Carer Concierge

Personal Carer provides an online platform for carers and care seekers to connect with one another, communicate and arrange care contracts between one another. This is facilitated through providing services which include but are not limited to:

A searchable online database of carers

Communication tools to facilitate interaction

Introductory agency service

Personal Carer is classified as an ‘introductory agency’. Personal Carer provides an online marketplace to facilitate the process of finding home care. Personal Carer does not directly supply carers to care seekers. Personal Carer does not employ carers, nor does Personal Carer act as an employment agency or employment business.

Limitations of service

All the tools provided by Personal Carer Concierge are used at the customer’s and carers’ own risk and there is no guarantee that these tools will work optimally, not be subject to downtime, or removed from service at any point in time. Personal Carer does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors.

Personal Carer disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the use of the online tools it provides, the engagement of carers or the provision of care services by carers.

Rules for User conduct and use of service

Use of service

By registering and using this website or smartphone application as a carer you confirm that:

you accept and will abide by all the terms and conditions

you are 18 years old or over and have the right to form legally binding contracts under UK law

any information you provide on the site is correct and accurate including details on your qualifications, skills and experience

you are eligible to legally work in the UK

Account creation

To use this service, carers must create an account with Personal Carer via the smartphone application or via our online form. Each account must be a personal account and only one account is allowed per person. Carers must provide accurate and up to date information. You confirm you will keep passwords safe and secure and not allow anyone else to access your account. Personal Carer reserves the right to change the terms and conditions of the site at any time and with immediate effect.

Profile content

Carers are directly responsible for content that they upload to the Personal Carer platform and must not give the impression that any content is provided by Personal Carer or any other individual. Content must not be defamatory, offensive or inaccurate, false or misleading. Personal Carer reserves the right to remove any content that does not meet these standards at our discretion. By using this service you agree to only use Personal Carer for its intended and lawful purposes. Personal Carer reserves the right to amend and edit the content for accuracy, correct grammar and general presentation in accordance with creating a positive user experience for care seekers.

Compliance with Statutory Regulations

Carers must ensure they are in compliance with the Care Standards Act 2006, the Care Act 2015, the Safeguarding Vulnerable Groups Act 2006, the Protection of Vulnerable Groups (Scotland) Act 2007 and all other legislation and Governmental Authority guidance applicable to the care of vulnerable adults in force in the UK. In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and you are not nor have you ever been on the sex offenders register or other similar list.

Release of liability for user conduct and disputes

Any agreements are between the care seeker and the carer. Personal Carer are not party to an agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.

Any issues should be resolved directly between care seeker and carer where at all possible. Personal Carer does not accept any liability for claims, demands or direct or indirect damages arising from disputes between care seekers and carers.

 

 

Limitation of liability

Responsibility for contract acceptance

You acknowledge that the decision to enter into a contract with a client is your sole responsibility and that Personal Carer makes no warranty as to the suitability of any work assignment you accept via Personal Carer Concierge, nor does Personal Carer provide any warranty as to the character or honesty of any customer or the truthfulness or accuracy of information provided by a customer.

Risks of introduction service

You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Personal Carer in relation to the service.

Breach of terms and conditions

You agree to indemnify and not hold Personal Carer responsible or make any claim or demand against Personal Carer as a result of you breaching these terms and conditions.

Termination of profile

You shall immediately notify Personal Carer should your circumstances change and you are no longer able to accept client work via Personal Carer concierge. You are expected to carry out a high quality service at all times. Personal Carer reserves the right to terminate your profile if it comes to our attention that your service is not up to standard, as determined by Personal Carer, or the terms and conditions have been breached. This decision is at the sole discretion of Personal Carer and no justification needs to be provided for the termination of a profile. Any severe offences will result in but are not limited to the immediate termination of a carer’s profile.

Quality assurance and background checks

By using this site or service you authorise Personal Carer to carry out certain background checks and audits at a time of their choosing. Personal Carer reserves the right but not the obligation to use a third party to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, sex offender registries, social media, criminal registries and other legally available databases and resources. Personal Carer has no obligation to perform checks and releases all liability associated which results from checks.

Feedback, marketing and customer reviews

We ask care seekers to leave qualitative and quantitative feedback on the experience they had with you. The feedback will contribute towards the review section on your Personal Carer profile. Customer feedback should be honest and you must not offer incentives in exchange for better feedback or try to influence a customer to deviate from their true and honest view. We reserve the right to remove any defamatory, abusive or offensive feedback at our discretion but are not obliged to do so. You agree to providing an exclusive and perpetual right for Personal Carer to publish customer reviews on your profile, and you must not attempt to delete customer reviews or create a new profile to delete poor feedback. Your profile data including biography and photograph (without identifying details) may be used from time to time in print and online marketing initiatives with the intention of generating more demand for your services. If you wish to opt out of this activity, please contact info@personalcarer.co.uk

Privacy Statement

By using the Personal Carer services you consent that Personal Carer may process the personal data that Personal Carer collects from you in accordance with Personal Carer’s Privacy Policy.

Confidentiality

You agree to keep strictly confidential any information you receive in any medium or format about potential, existing and past clients from either Personal Carer or the clients themselves. This includes but is not limited to personal information and medical information.

Governing Law

The terms and conditions and any dispute arising out of the site and/or the services shall be governed by and construed in accordance with the law of Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or in connection with this site and/ or service.

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