TERMS AND CONDITIONS
1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Jimacare. This contract sets out your rights and responsibilities when you use our site. Please read them carefully.
2. DESCRIPTION OF SERVICES
Jimacare offers online services to match clients with various service providers including but not limited to carers, childminders and housekeepers (hereinafter referred to as Service Providers). Jimacare is not a party to the relationship between the client and the service provider. Jimacare shall not, in any way, be liable to a client or service provider or any third party, arising, either directly or indirectly from such agreement between the parties.
Jimacare does not verify, review, evaluate, interview or screen or perform any background checks on any of its users or the content posted by the user on the site. You assume all risks associated with dealing with other persons whom you come in contact with through the services of Jimacare site. Please refer to the website regularly for further information about the services provided.
3. PAYMENT
As soon as you seek the services of the service providers located on the Jimacare platform, it is inferred that you have agreed to pay the hourly, daily, weekly or nightly rate that will be stated. Kindly note that Jimacare does not set the above mentioned rate, the service provider sets the rate. You undertake to pay all the requisite fees including any applicable taxes once you enjoy the service. All payment will be made to Jimacare who processes the payments on behalf of the service providers.
4. ACCESS
You are granted a non-exclusive, limited and revocable license to access the site and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the website for lawful purposes;
(c) You do not engage in any improper, indecent or offensive behavior while using the website;
(d) You are not breaking any law in your relevant jurisdiction by accessing this website;
(e) You will treat the website and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us).
5. ELIGIBILITY CRITERIA
To be eligible to use the Services offered by Jimacare, you represent and warrant as follows:
a) that you are eighteen (18) years of age or older on the date of creation of your User Account;
b) if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking to work from; and
c) neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.
6. USER ACCOUNT AND PASSWORD
To access and use certain features of the Website, you will need to create a profile through the Website ("User Account"). As part of the process to create, register and maintain your User Account you must provide Jimacare with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code and phone number, and other data or information that has been requested by Jimacare during the account registration or renewal process ("Registration Data").
In these Terms and Conditions, "Personal Information" means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Jimacare site and any other information that identifies who you are. Registration Data and Personal Information will be used by Jimacare solely in accordance with these Terms of Conditions as well as Privacy Policy.
You agree that you will:
a. maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate;
b. maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with Jimacare; and
c. be responsible for all activities that occur under such password or account.
Further, you agree to immediately notify Jimacare of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.
Failure to comply with this paragraph may result in immediate termination of your account.
7. PROHIBITED USES
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
8. INSURANCE COVER
All service providers registered with Jimacare are under self-employed carer’s insurance. In the event you require evidence of the same feel free to contact us through info@jimacarecare.com . As a user it is advisable that you also have your own insurance which covers carers working in your home.
9. CONTENT AND USE OF SERVICES
As a User of the Services, you agree that the content of information and materials posted on the Website by you is accurate, current and complete. In addition, you represent and warrant as follows:
a. You will use the Services provided by Jimacare solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
b. You have the right and authority to post all information you post about yourself.
c. You will not provide inaccurate, misleading, defamatory or false information to Jimacare or to any other User of the Website.
d. You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
e. Your use of the Website and Services provided by Jimacare are in accordance with any and all applicable laws and regulations.
10. INTELLECTUAL PROPERTY
The site and all intellectual property rights in the site are owned by Jimacare (Lalyka Systems Ltd).
Jimacare reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
11. USE RESTRICTIONS
In addition to complying with these Terms and Conditions, you agree to use the site and services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws.
The Website and any services shall not be used where, and to any extent, such use is prohibited by law.
Jimacare encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the site and in connection with the Services provided.
12. JIMACARE PLATFORM
Vetting and Background checks for service providers
As part of our due diligence we ensure that we do a video interview for any registered service provider on our platform. In addition to that our service providers are mandatorily required to upload official work documents, national insurance and proof of self employment. Before registering any service provider we ensure that DBS background check is done on them.
As a way of re-assuring our users and/or clients we also recommend they carry out an extensive verification in the event they request for the service providers services.
Insurance Cover
Jimacare undertakes to also work with partners which the service providers will have to register with for insurance purposes.
13. TERMINATION OF REGISTRATION
Jimacare reserves the right, in its sole discretion, to terminate your account or access to part or all of Jimacare’s Website and/or Services in the event that Jimacare determines you are not eligible to use the Services or have violated any of the provisions of the Terms and Conditions, or have misused the Website or Services in any way.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL JIMACARE BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SITE, SERVICES, OR ANY JIMACARE CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
Jimacare is not a party to THE RELATIONSHIP BETWEEN SERVICE SEEKER AND SERVICE PROVIDER, and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.
IN NO EVENT WHATSOEVER SHALL ANY OF JIMACARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SITE OR THE USE OF, OR RELIANCE ON, ANY JIMACARE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SITE, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE JIMACARE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
15. INDEMNIFICATION
You agree to indemnify and hold Jimacare, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services.
16. FEEDBACK
You have the liberty to provide feedback on the quality of services you received from the service providers. As part of Jimacare client care we will always love to hear from you on the experience that you had with the service provider. Our platform allows you to make comments and provide the necessary feedback. In order to keep improving our service we undertake to always act swiftly on the feedback.
17. GOVERNING LAW
The site is administered by Jimacare from a site that is located in England. You acknowledge and agree that your use of the site and all of the communications, transmissions and transactions associated with the site and the provision of the Services shall be deemed to have occurred in England. You agree that these Terms and Conditions shall be exclusively governed by, construed and interpreted in accordance with the laws of England. In the event of a dispute under these Terms and Conditions, such dispute shall be resolved in the Courts of England.
18. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
19. CHANGES
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
20. CONTACT
Jimacare (Lalyka Systems Ltd)
International House
776-778 Barking Road
London, England E13 9PJ
