Privacy Policy / Terms And Conditions
1. ACCEPTANCE OF TERMS
CARE App. & programming Ltd. company (hereafter referred to as the “Company”, “CARERS”, “we”, “us”, or “our” ) provides a platform mobile application that connects individuals working on a self-employed basis and delivering care services via CARERS (“CAREGIVERS”) with individuals using CARERS App platform to search for care , engage with and enter into a contractual relationship with CAREGIVER (“CARE SEEKERS”) by using this application (the “Application”) subject to the following terms of use of the Service ( “Terms”), which both the CAREGIVERS and CERE SEEKERS (collectively referred to as “User” “You” or “Your”) acknowledge to have read and understood, whether or not You install and become registered under the Application. These Terms regulate and govern Your access to and use of the Application.
We reserve the right, at our sole discretion, to amend, alter or otherwise modify these Terms at any time without notifying You. Therefore, You must review these Terms on a regular basis by using the Application settings, in which You agree that posting of new or revised Terms on the Application shall be considered as sufficient notice to You of any and all amendments made thereto. By using the Service, You acknowledge Your acceptance to these Terms and conditions. The continued use of the Service after any amendments shall constitute Your consent to such amendments.
The access and continuity to use of the Application and the service provide through the Application constitutes a binding and conclusive acceptance and agreement by Yourself of all such Terms contained herein. If at any time You do not accept the Terms, You should immediately cease all use of the Application and Services. The right to use the Service of CARERS is personal to You only and is not transferable to any other person or entity whatsoever. CARERS has the right to refuse Service to any User that refuses to abide by the Terms herein or abuses their rights related to the Service and the Application or for any other reason CARERS deems appropriate. These Terms of Service apply to all users of our Application.
2. OUR SERVICE
The Application is provided to enable users of CARE SEEKERS to communicate, connect with self-employed and independent CAREGIVERS and arrange care contracts between one another. This is facilitated through providing our services of (i) searchable online database of CAREGIVERS, and providing;(ii) communication tools to facilitate interaction; (iii) payment system to enable transactions between CAREGIVERS and CARE SEEKERS (iv) monitoring tools to monitor care activity and (v)providing feedback tools on CARERS provision. (“Services”)
CARERS is classified as an “introductory mobile app.” and facilitate the process of finding home care. You acknowledge that CARERS does not directly supply CAREGIVERS to CARE SEEKERS. You Also Acknowledge that CARERS does not employ CAREGIVERS nor does CARERS act as an employment agency or care agency. CARERS is not permitted to make changes to the care plan, provide rotas or effect control over the delivery of care.
By registering and installing the Application whether as a CAREGIVER or CARE SEEKER, You agree that it is Your sole responsibility to choose or select an appropriate CAREGIVER for Yourself or beneficiaries You are acting for. You acknowledge that CARERS will only assist through the Application in the process of introducing CAREGIVER to Care Seekers only, without any obligation or responsibility to select a CAREGIVER whatsoever.
You agree that Carers and/or Owners/ Employees shall not considered liable in anyway regarding what may occur from the Provider such as Theft, Death and or any kind of Harassment.
You agree that CARERS shall not be a party to any engagement or agreement between CAREGIVER and CARE SEEKER whatsoever and may not be involved in any mediation or dispute whatsoever.
3. USING OUR APPLICATION
By installing and using the Application You confirm that You are at least eighteen (18) years old, You accept and comply with all the Terms and that all Your information provided is recent, correct and accurate including any care requirements. You acknowledge that You are solely responsible for any content You may submit through the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, originality and copyright of any such content or any other information You may be able to access using our Service. By using the Service and/or the Application, You expressly acknowledge and agree that CARERS shall not be responsible for any losses, damages, claims or other liability arising from or related from the use of Application, Service or quality of CAREGIVER acknowledge and agree that the Service is provided on an “as is” and “as available” basis and that CARERS assumes no responsibility for the timeliness, mis-delivery, quality, timing, legality, reliability, responsibility, suitability of the CAREGIVERS listed on the platform or the engagement between the CAREGIVER and CARE SEEKER, or the actual provision of care services by CAREGIVERS whatsoever.
Both CAREGIVERS and CARE SEEKRS admit and acknowledge that in anyway, the relation between CARERS and the CAREGIVER shall not be considered in any way whatsoever labour relation and/or the giver works under the supervision and or instructions of CARERS.
CARERS shall use its reasonable efforts to check the identity of the CARE SEEKER including any essential visual checks. However, you acknowledge that CARERS does not conduct full reference checks of the CAREGIVER and is not responsible for any interviews or diligence on his service history or care experienced. CARERS recommends that CARE SEEKERS carry out their own assessment of CAREGIVER suitability before engaging into a contract with them by (i) obtaining all the information pertaining the CAREGIVER;(ii) interviewing the CAREGIVER; (iii) requesting a proof of experience, qualifications and non-conviction certificate, and other information to of the CAREGIVERS as possible; and (iv) following up on reference of CAREGIVERS. You also, acknowledge that CAREGIVERS is neither responsible nor is a party under your engagement.
You are not permitted to use this Application other than the permitted purpose of viewing the Application, requesting a care service from CAREGIVERS, making, reviewing, changing bookings, and for communicating with CARERS representatives and use the Service.
You agree that the Company, in its sole discretion, may suspend and/or terminate Your use of the Service, and remove and/or discard any information within the Service, for any reason it deems appropriate. The Company may also in its sole discretion and at any time suspend and/or discontinue providing the Service, or any part thereof, with or without notice. You agree that any suspension and/or termination of Your access to the Service under any provision of this Terms may be effected without prior notice. Further, You agree that the Company shall not be liable to You or any third party for any suspension and/or termination of Your access to Service whatsoever.
4. USING OF LOCATION
By using CARERS applications, you agreed to have your location used in order to auto-detect your location when you request the service. For CAREGIVERS, the location is used to determine how far you are from the service location and approximately how long it will take you to reach the service location thus giving the operations team a notification informing them of when you can’t make it on time due to your location.
5. USING PATIENT’S INFORMATION
CARERS is complying with Data Privacy rules and conditions for HIPAA/ISO27001/GDPR. CARERS use the client’s information only for analysis purposes and no one has direct access to each client information.
6. PAYMENT
Contracts for CAREGIVER service provision are made between CARE SEEKERS and the CAREGIVER. By entering, a contract as a CARE SEEKER You agree that You have the amounts available to pay for the contract value based on the then hourly rate provided (or as amended from time to time). You shall pay the due amounts including CARERS commission that is already included in the rate you agreed on each CAREGIVER’S profile immediately upon [TIME OF PAYMENT TO BE DETERMINED] and You acknowledge that CARERS does not provide refunds or credits for cancellations or any other reasons unless if exceptional circumstances occur. In all cases, CARERS will not indemnify the CAREGIVER for any unpaid amounts and/or make refunds for CARE SEEKERS even if the service of the CAREGIVER did not meet CARE SEEKER expectations unless in exceptional circumstances upon CARERS sole decision.
CARERS reserves the right to alter the terms of its commission structure at any time including the rates. CAREGIVER and CARE SEEKERS shall be responsible for their own tax as per the applicable laws.
All payments must be made via CARERS Payment Provider and any attempts to pay outside of CARERS Payment Provider will lead to legal liability including but not limited to immediate account suspension and/or termination in addition to any other remedies available at law.
7. FEED BACK AND CUSTOMER REVIEWS
You as a CARE SEEKER will be asked to leave qualitative and quantitative feedback on your care experience. The feedback will effect each CAREGIVER’S ranking on CARERS Application. Feedback shall be provided honestly and you must not attempt to falsify, manipulate or coerce a CAREGIVER by threatening negative feedback. Any attempts of a CAREGIVER trying to influence You in your feedback or trying to change your opinion unduly should be reported to us. We reserve the right to remove any offensive or abusive feedback at our sole discretion.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that, we and/or our licensors own the copyright and all other intellectual property rights of our Application including but not limited all documents, images, text, information, the design, logo and trademark of the Company and protected by copyright laws and treaties around the world. The Company grants You a limited, revocable, non-transferable and non-exclusive right and license to use the Service subject to Your eligibility and continued compliance with these Terms; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
9. DISCLAIMERS
YOU AS A CARESEEKER EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE DECISION TO ENTER INTO A CONTRACT WITH A CAREGIVER. IS YOUR SOLE RESPONSIBILITY AND THAT CARERS GIVES NO WARRANTY AS TO THE SUITABILITY, EXPERIENCE, HISTORY, OR CHARACTER OF ANY CAREGIVER, NOR DOES CARERS GIVE ANY WARRANTY AS TO THE COMPLETENESS, TRUTHFULNESS, OR ACCURACY OF ANY INFORMATION OR DOCUMENTATION PROVIDED BY CARER. YOU FURTHER ACKNOWLEDGE THAT ANY AND ALL AGREEMENTS OR CONTRACTS ENTERED BETWEEN CAREGIVER AND CARE SEEKERS ARE LEGALLY BINDING AGREEMENT BETWEEN THEM ONLY. CAREGIVER SHALL BE FULLY AND SOLELY LIABLE REGARDING ANYTHING OCCURS DURING PROVIDING THE SERVICES TO THE CARESEEKER INCLUDING ACTS AND OMISSIONS WHATSOEVER.
CARERS IS NOT A PARTY TO ANY ARRANGEMENT OR AGREEMENT, SHALL NOT MEDIATE OR ENGAGE IN ANY DISPUTE WHATSOEVER, AND SHALL NOT BE LIABLE FOR ANY CLAIM OR LOSS OR DAMAGE WHETHER DIRECT OF INDIRECT WHAT SO EVER AT WHICH YOU HEREBY AGREE TO WAIVE ANY RIGHTS TO CLAIM FOR ANY POTENTIAL DAMAGES IN RELATION TO CARERS SERVICES PROVISION AND RISKS ASSOCIATED WITH THE PARTICIPATION IN AN INTRODUCTORY AGENCY SERVICE.
THE SERVICE IS AT YOUR SOLE FREE WILL AND AS IS AND AS AVAILABLE AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS HEREIN, OR REQUIRED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND OR TERMINATE YOUR ACCESS TO THE APPLICATION OR ANY FEATURE OR PART THEREOF AT ANY TIME.
10. INDEMNITIES
You agree to defend, indemnify and hold the Company and its officers, directors, agents, employee, or other partners, harmless from any and all fines, penalties, liabilities, losses, claim or demand and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by CARERS or any third party due to or arising out of (i) Your misuse of the Application and Service, connection to the Service; (ii) Your breach of any of provision of these Terms; (iii) fraud You commit, or Your intentional misconduct or gross negligence; or (iv) Your violation of any applicable law or the rights of any third party.
11. GENERAL PROVISIONS
The Terms constitutes the entire agreement between You and the Company and governs Your use of the Application and Service, superseding any prior agreements between You and the Company. These Terms shall be governed by the Laws of the Hashemite Kingdom of Jordan. All disputes in connection with these Terms and Conditions shall be finally settled by the competent Courts of Amman (Court of Justice). The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision
12. CONTACT US
To contact us, please email cs@CarersApp.care
OR CALL +962 79 7667 999
All our rights are reserved.