Last updated January 23, 2018
Thanks for choosing uCarenet ("uCarenet”, "we”, "us”, "our”). By signing up or otherwise using the uCarenet service, websites, and software applications (together, the "Platform” or "Service”), you agree to be bound by the Terms and Conditions and we therefore encourage you to click through to read the Terms and Conditions in full. If you do not agree to these Terms and Conditions please do not use the website. You can review our Privacy Policy www.ucarenet.com/privacy that explains how we treat your information.
We provide our visitors and members (collectively, “You” or “Your”) with a social network designed to connect Independent Third Party Caregivers with care seekers and their families looking for home care services. Your use of uCarenet’s products, software, services, content and web sites (referred to collectively as the “Services” or “Platform”) is subject to these terms and conditions (the “Terms of Use”) and form a binding agreement between You and us. Please review the following terms carefully.
uCarenet offers the Platform to enable people seeking non-medical, in-home personal care for seniors and others (the “Care Services”) to be connected with independent, third-party providers of Care Services ("Independent Caregivers and Practitioners”). The person receiving the Care Services (the “Care Seeker”) may be you or another person for whom you have the authority to order Care Services, such as a parent or other relative. uCarenet encourages all Caregivers to secure background and Vulnerable People Sector Check via third party background check services and other means, and we ask the Caregivers to make these documents available to Care Seekers' so Care Seekers can satisfy themselves as to the reliability and trust worthiness of the Caregiver.
You must decide whether an Independent Caregiver is suited to your needs, satisfactorily passes a criminal and vulnerable sector people check, and whether to work with a particular Independent Caregiver. The Care Services are provided solely by the Independent Caregivers, and uCarenet itself does not provide or warrant the Care Services.
By using, visiting, or in any way engaging with the site, you acknowledge that uCarenet does not provide home care or domestic services, or function as a care agency.
These Terms constitute an agreement between uCarenet and You, on behalf of yourself and any Recipient. You represent that you and the Recipient (if not yourself) are at least 18 years old and the age of legal majority in your jurisdiction. If the Recipient is someone other than yourself, that person shall also be bound by these Terms, and every reference in these terms to you shall also include the Recipient. You represent that you have full power and authority to agree to these Terms on your and the Recipient’s behalf and to bind both of you to the Terms.
The ucarenet Privacy Policy, available at www.ucarenet.com/privacy, is incorporated into these Terms of Use and together may be referred to as the “Agreement” herein.
We may change the Terms of Use from time to time on a going-forward basis. We will notify You of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for Members only). Any such modifications become effective upon the earlier to occur of (i) Your acknowledgement of such modifications; or (ii) Your continued access to and/or use of the Site or Services after we post notice of such modifications. It is Your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If You do not agree to any changes, if and when such changes may be made to the Terms of Use, You must cease access to the Site and use of the Services. You give us permission to email You for the purpose of notification as described above.
By using the Site, You represent and warrant that:
A Visitor may browse the Site in accordance with these Terms of Use, but will not have access to certain Services without first becoming a Member. In order to use the Services available to a Member, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID and password (collectively “Account Credentials”). You promise that all information You provide to us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share Your Account Credentials with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Your Account Credentials, we will rely on the Account Credentials and will assume that it is really You who is accessing the Site and Services. You are solely responsible for any and all use of Your Account Credentials and Account and all activities that occur under or in connection with Your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group or entity. If You are creating an Account on behalf of a third party, You represent that you have the authority to represent such third party and bind the third party to this Agreement. For illustration purposes only, if You are creating a Care Seeker account on behalf of a loved one who is seeking care, You represent that your loved one has provided You with proper authority to act on their behalf and that Your loved one will abide by this Agreement.
You are responsible to make Your own decision regarding the other Members that You engage through the Site. uCarenet may make a third-party verification service available to Members. Members may use this service to verify information of other Members such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If You decide to use or access information provided by a third-party verification service offered through the Site, You do hereby represent, understand and expressly agree that uCarenet is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, You understand that uCarenet may review the information provided by the third-party verification service. ucarenet expressly disclaims any and all liability that may result from the use of the information provided by the third party verification service. uCarenet expressly disclaims, and You expressly release uCarenet from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to (a) any misstatements and/or misrepresentations made by any Member or (b) THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY BACKGROUND CHECK provided to you in connection with the site or the services.
You understand and agree that uCarenet has the right, but not the obligation, to independently verify any statement made by any Member on the Site or verify that any Member meets any of the eligibility criteria set forth above. In the event that uCarenet chooses to verify the representations and warranties or any information provided by You through Your use of the Site, You hereby authorize uCarenet, either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks, vulnerable people sector check, sex offender registry checks, motor vehicle records checks, identification verifications, credential verification checks, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification.
The Site is a venue designed to connect Independent Caregivers (“Caregivers”) with care seekers and their families looking for home care services ( “Care Seekers” ). uCarenet does not provide or arrange for home healthcare services. uCarenet does not participate in the interaction between Caregivers and Care Seekers except to make available information and communication through the site. uCarenet does not provide any home care services. Any disputes related to the services received by Care Seeker or payment due to Caregiver must be resolved directly between Care Seeker and Caregiver. You understand and agree that uCarenet has no control over and is not responsible for the acts or omissions of any Members on or off the Site. You also understand and agree that uCarenet makes no representation or warranty regarding the quality of any services provided by any Member. uCarenet is not responsible for the accuracy or reliability of any information provided by any Member on the Site.
UCARENET EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE UCARENET AND IT’S BOARD FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS ON OR OFF THE SITE, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY CARE SERVICES BY ANY CARE PROVIDER.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (a) owned by uCarenet; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grant You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of uCarenet Technologies Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.
When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content includes information and materials posted to the Site or through the Services by You and other Members. You are entirely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services. As between You and Us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our Visitors and Members. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
Though we strive to enforce these rules with all of our Members, and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at Your own risk. We may, but are not obligated to, delete Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending Member(s). We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates our content policies or not.
It is our goal to make access to our Site and Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Care Seekers, Caregivers and other Members for purposes relating a Care Seekers home care. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
