Definitions of terms:
“Personal Carer ” means an online marketplace for care provided via the Personal Carer platform
“Carers” means individuals working on a self-employed basis and delivering care services via the Personal Carer platform
“Care seekers”, “customers” means individuals using the Personal Carer service to search for care, engage with carers and enter into a contractual relationship with carer
General Terms of Personal Carer
About Personal Carer
Personal Carer “” provides an online platform for self-employed carers and care seekers to connect with one another, communicate and arrange care between one another. This is facilitated through providing services which include but are not limited to:
- A searchable online
- 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 care agency. Personal Carer is not permitted to make changes to the care plan, provide rotas or effect control over the delivery of care.
Limitations of service
All the tools provided by Personal Carer 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
Eligibility to use the site and services; representations and warranties
By using this site you confirm that
- you accept and will abide by our terms and conditions
- you are 18 years old or over and have the right to form legally binding contracts under UK law.
- all the information provided by you on the site is correct and accurate, including any stated care requirements or specific needs.
By using Personal Carer as a person seeking care you agree that it is your responsibility to select an appropriate carer for yourself, your family member, any friend/associate or any other person you are acting for. Personal Carer can help you in the process of introducing and recommending carers, however Personal Carer will not select a carer for you and the final choice remains with you
Vetting and background checking of carers
Personal Carer does not conduct full reference checks of a carer’s stated employment history or care experience. Personal Carer is not responsible for nor has it control over the quality, timing, legality, reliability, responsibility, integrity or suitability of the carers listed on the platform.
Personal Carer recommends that care seekers carry out their own assessment of a carer’s suitability before engaging into a contract with them by
- Interviewing carers
- Verifying a carers identity via photographic ID
- Requesting proof of experience, training, qualifications, authorisations and suitability for the position they are applying for
- Following up on references of carers
Care seekers should ensure that their insurance covers carers working in their home and should verify whether carers have their own independent insurance cover.
Code of conduct
You should not discriminate against a carer on the basis of skin colour, nationality, disability, gender or any other potential source of discrimination.
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 involved with 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 are not nor have ever been on the sex offenders register or other similar list.
You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website and; (ii) sending genuine enquiries to carers regarding use of their services for your own or a care recipient’s care needs (iii) making/reviewing/changing bookings; (iv) checking carer feedback and care plan completion (v) changing billing information and generating invoices where relevant and (vi) communicating with Personal Carer representatives by phone, email or live chat to arrange bookings, seek advice or activate a dispute resolution request.
The use of automated systems, manual copying or software to extract data from this website or www.PersonalCarer.com for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written licence agreement with Personal Carer. Any breach of these terms renders the user liable for damages to be determined in the local jurisdiction.
Personal Carer fees
Personal Carer does not charge an introductory commission fee of the hourly carer rate. Personal Carer reserves the right to alter the terms of its commission structure at any time.
Limitation of liability
Responsibility for contract acceptance
You acknowledge that the decision to enter into a contract with a carer is your sole responsibility and that Personal Carer gives no warranty as to the suitability, experience, history or character of any carer, nor does Personal Carer give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the carer.
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 hold Personal Carer harmless from any claim or demand brought against Personal Carer as a result of you breaching these terms and conditions.
You acknowledge that Personal Carer’s total liability to you whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Personal Carer derived from you via the Personal Carer service.
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 with result from checks.
Feedback and customer reviews
You may be asked to leave qualitative and quantitative feedback on your care experience. The feedback will affect each carer’s ranking on Personal Carer . Feedback should be provided honestly and you must not attempt to falsify, manipulate or coerce a carer by threatening negative feedback. Any attempts of a carer trying to influence you in our feedback or trying to change your opinion unduly should be reported to us. 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 these reviews.
Personal Carer takes the safety of all parties using Personal Carer extremely seriously and complies with all relevant legislation including the Care Act 2010, the Mental Capacity Act 2005 and the Safeguarding of Vulnerable Adults Act. In instances where we deem a “vulnerable” adult is at risk of exploitation or any type of harm and we have received evidence to indicate this the case, we will comply with this legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team.
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.
Company name: Onpoint Digital Ltd
Trading name: Personal Carer
Country of incorporation: Northern Ireland.
Registered number: NI654659
Registered office: 3 Seaview, Warrenpoint, Co Down, BT34 3NH