Carelocal Terms and Conditions
As at December 18, 2016
The following terms and conditions form part of the Carelocal Service Agreement between you and Carelocal Services Limited (“Carelocal”). These terms alongside any service order agreement that you sign are referred to as the ‘Agreement’. Carelocal provides non-medical services in the home (the “Services”). Carelocal’s website, platform apps and technology are referred to as our ‘Platform’ and are considered part of the Services.
1. No Professional or Medical Advice
You acknowledge that the Services are not a medical service or advice and are not intended to replace or substitute for any professional or medical advice. Any information provided as part of the Services may not be relied on as medical advice, and you should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice.
In the course of providing services, Carelocal collects certain information about the care recipient and, as part of the service transmits that information to you and others.
All information is collected and transmitted for your convenience only, and Carelocal is not responsible for taking action on any information that Carelocal collects or observes.
2. Authority to Bind Care Recipient
This Agreement is between Carelocal and you, on behalf of yourself and, if different, a care recipient (“Recipient”). You represent and warrant that
(a) you and the Recipient (if not yourself) are at least 18 years old; and
(b) if the Recipient is someone other than yourself, you have the full power and authority to bind that person to this Agreement. In that case, that person shall also be bound by this Agreement, and every reference in this Agreement to “you” and “your” shall also include the Recipient.
You will provide Carelocal with evidence of any such authority upon request and will indemnify Carelocal against any claims based on your lack of authority.
3. Changes to Agreement or Service
Carelocal may modify the Agreement, including the rates it charges you, by sending notice as set forth in Section 16.
If you do not want to be bound by the modified terms, then you must stop using the Services. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion. Any changes will be effective 48 hours after the time it is deemed to be given under the terms of Section 19, or such later date specified in the notice.
4. General Payment Terms
You agree to keep a current credit or debit card on file with Carelocal at all times. You agree to pay Carelocal for any transactions made in connection with your account (“Service Fees”).
We will charge your credit or debit card according to the agreed rates for Services, as modified from time to time. Any changes in rates will be communicated to you in accordance with these Terms and Conditions.
All Service Fees are due immediately upon completion of the scheduled appointment and you hereby authorise Carelocal to charge the card on file following completion.
We retain the right to place a hold on your credit card for an ordered or completed appointment. In addition, you agree that Carelocal may charge your payment method for verification and pre-authorization purposes and you agree to bear any additional charges that your bank or other financial service providers may levy on you. We will use third party services to process credit card information.
5. Cancellation by You
You may cancel any appointment for Care Services by calling Carelocal at 020 3875 3543 no later than 24 hours prior to the scheduled appointment. You authorise us to charge your credit card for any scheduled appointments that you do not cancel in accordance with this paragraph, including if the Care Professional is unable to deliver the services due to the unavailability of or refusal by the Recipient.
6. Substitution of Care Professional
If a Care Professional is unable to make any scheduled appointment and Carelocal receives sufficient advance notification, Carelocal will make will make every reasonable effort to find a replacement in sufficient time, and if no replacement is available, you will not be charged for the appointment. Carelocal shall not otherwise be responsible for any inability to provide a substitute Care Professional.
i) If you elect to have the Care Professional provide transportation in the Recipient’s car, you will be responsible for all necessary insurance to cover any accidents or liability that may occur.
ii) If you elect to be transported in the Care Pro’s car, you understand that the Recipient will ride in the Care Pro’s personal car as a passenger of the Care Pro.
iii) Carelocal expressly disclaims, and you hereby expressly release Carelocal from, any responsibility or liability for any damages resulting from your use of transportation services from a Care Professional.
While you are free to provide additional payment as a gratuity to any Care Professional, you are under no obligation to do so.
Whenever you or the Recipient is asked to provide ratings of the Care Professional, you agree that all ratings will represent the independent, honest and genuine opinion of the person providing the rating.
10. Good Samaritan
The Services do not include medical care of any kind, including emergency care, and no part of the Service Fees constitute compensation for any medical or emergency care.
If an emergency occurs while a Care Professional is with a Recipient, neither the Care Professional or Carelocal shall be liable for any damages resulting from any act or omission of the Care Professional.
Whether a Care Professional renders emergency care is at the discretion of the Care Professional.
You are responsible for providing a safe and secure working environment for the Care Professional, and for obtaining all necessary insurance relevant to your home and your vehicle. If a Care Professional detects violence or abuse affecting the Recipient, the Care Professional may be required by law to report that abuse to relevant authority.
12. Privacy and Confidentiality
When you use Carelocal, you submit personal information about you and the Recipient, such as your name, address, mobile phone number and age, as well as information about the Recipient that may be relevant to the Care Services, such as physical or mental condition, medications, preferences, diet, etc.
You agree to provide accurate, complete and up-to-date information, and your failure to do so may result in adverse consequences, including the inability of the Care Professional to provide the Care Services, your inability to access and use the Platform or suspension of your account.
13. Communications from Us
You consent to the receipt of calls to your phone and mobile phone and text (SMS) messages from both Carelocal and the Care Professionals who are providing Care Services to the Recipient.
Standard voice and data charges from your phone carrier may apply to these calls and texts. You may also receive email communications from Carelocal or Care Professionals, including information about the Recipient, about the services, newsletters, special offers, and account reminders and updates.
You can remove yourself from communications that are not related to the delivery of services by following the instructions in the email. If you do not want to receive communication of sensitive or confidential information by email, please notify us at email@example.com.
14. Disclaimers; Limitation Of Liability; Indemnity
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CARELOCAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
(i) REGARDING THE RELIABILITY, TIMELINESS, SAFETY, SUITABILITY, OR AVAILABILITY OF THE SERVICE, OR (II) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
CARELOCAL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
CARELOCAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CARELOCAL’S REASONABLE CONTROL. IN NO EVENT SHALL CARELOCAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO CARELOCAL FOR SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM OR ACTION.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARELOCAL AND YOU.
You agree to indemnify and hold Carelocal and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with your use of the Service, your lack of authority to bind the Recipient to this Agreement, the breach or violation of any of this Agreement, or your violation of the rights of any third party, including any Care Professional.
Carelocal may give notice by means of a general notice on the Platform, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
You may give notice to Carelocal, with such notice deemed given when received by Carelocal, at any time by first class mail or pre-paid post to Carelocal Services Ltd, Kates Kabin Farm, Peterborough, PE7 3UD, or upon receipt when sent by email to Carelocal at firstname.lastname@example.org.
Carelocal may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Carelocal’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Carelocal’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Carelocal in writing.