Caring Solutions Terms and Conditions
Updated as of February 10th, 2017
These terms and conditions are part of the Caring Solutions Care Service Agreement between you and Caring Solutions Home Care Services Connecticut, LLC. (“Caring Solutions”), and together with any service order or service agreement that you sign are referred to as the “Agreement.” Caring Solutions provides non-medical services in the home (the “Services”). Caring Solutions’ technology, including its website, the Caring Solutions Client App and the Caring Solutions Caregiver App, are referred to as the “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, Caring Solutions collects certain information about the care recipient and, as part of the service, transmits that information to you and others (for example, information about meals, sleep, mood, etc.). All information is collected and transmitted for your convenience only, and Caring Solutions is not responsible for taking action on any information that Caring Solutions collects or observes.
2. Authority to Bind Care Recipient
This Agreement is between Caring Solutions 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 the age of legal majority in your jurisdiction; 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 Caring Solutions with evidence of any such authority upon request and will indemnify Caring Solutions against any claims based on your lack of authority.
3. Changes to Agreement or Service
Caring Solutions may modify the Agreement, including the rates it charges you, by sending notice as set forth in Section 19. 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 Caring Solutions at all times. You agree to pay Caring Solutions 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 authorize Caring Solutions 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 Caring Solutions 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 provider may levy on you. We will use third party services to process credit card information.
5. Direct Hire Fee
You acknowledge that Caring Solutions has invested significant resources in recruiting and training its Caregivers. In the event that you hire any Caregiver that has been employed by Caring Solutions within the past twelve (12) months, you will pay Caring Solutions a placement fee equal to $10,000. You acknowledge that this is a reasonable representation of damages suffered by Caring Solutions. If you hire a Caregiver directly neither you nor the Caregiver will be covered by any insurance or liability protection by Caring Solutions, and you will assume responsibility for all taxes, insurance, overtime and other requirements. Caring Solutions may also terminate its Agreement with you immediately.
6. Cancellation by You
You may cancel any appointment for Care Services by calling Caring Solutions at 877-369-5602 no later than 24 hours prior to the scheduled appointment. You authorize us to charge your credit card for any scheduled appointments that you do not cancel in accordance with this paragraph, including if the Caregiver is unable to deliver the services due to the unavailability of or refusal by the Recipient. Certain discounted or promotional rates may be subject to additional restrictions and penalties for cancellation, which will be outlined in connection with the discount or promotion.
7. Substitution of Caregivers
If a Caregiver is unable to make any scheduled appointment and Caring Solutions receives sufficient advance notification, Caring Solutions 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. Caring Solutions shall not otherwise be responsible for any inability to provide a substitute Caregiver.
8. Discounts and Promotion
From time to time, you may be offered discounted or promotional rates (in an amount subject to Caring Solutions’ sole discretion), which will be subject to any additional terms outlined in connection with such discount or promotion. Discounts and promotions may not be combined with any other offer.
If you elect to have the Caregiver provide transportation in the Recipient’s car, you will be responsible for all necessary insurance to cover any accidents or liability that may occur. If you elect to be transported in the Caregiver’s car, you understand that the Recipient will ride in the Caregiver’s personal car as a passenger of the Caregiver. Caring Solutions expressly disclaims, and you hereby expressly release Caring Solutions from, any responsibility or liability for any damages resulting from your use of transportation services from a Caregiver. Mileage will be charged for transportation in the Caregivers car at then-current rates.
Whenever you or the Recipient is asked to provide ratings of the Caregiver, you agree that all ratings will represent the independent, honest and genuine opinion of the person providing the rating.
11. 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 Caregiver is with a Recipient, neither the Caregiver nor Caring Solutions shall be liable for any damages resulting from any act or omission of the Caregiver. Whether a Caregiver renders emergency care is at the discretion of the Caregiver. Caregivers and, if applicable, Caring Solutions, shall be entitled to the full benefit of any “Good Samaritan” laws.
You are responsible for providing a safe and secure working environment for the Caregiver, and for obtaining all necessary insurance relevant to your home and your automobile. If a Caregiver detects violence or abuse affecting the Recipient, the Caregiver may be required by law to report that abuse to law enforcement.
13. Privacy and Confidentiality
When you use Caring Solutions, 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 Caregiver to provide the Care Services, your inability to access and use the Platform or suspension of your account.
14. Communications from Us
You consent to the receipt by both you and the Recipient of calls to your phone and mobile phone and text (SMS) messages from both Caring Solutions and the Caregivers 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 Caring Solutions or Caregivers, 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.
15. 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. CARING SOLUTIONS 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.
CARING SOLUTIONS 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. CARING SOLUTIONS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CARING SOLUTIONS’ REASONABLE CONTROL. IN NO EVENT SHALL CARING SOLUTIONS’ 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 CARING SOLUTIONS FOR SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM OR ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TTHE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARING SOLUTIONS AND YOU.
You agree to indemnify and hold Caring Solutions and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ 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 Caregiver.
16. Governing Law
This Agreement and any action related thereto will be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions.
17. Agreement to Arbitrate
Caring Solutions believes that arbitration represents the best way to resolve disputes and accordingly requires that all disputes be resolved by arbitration in accordance with the attached Agreement to Arbitrate, which constitutes a part of this Agreement.
Caring Solutions 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 Caring Solutions, with such notice deemed given when received by Caring Solutions, at any time by first class mail or pre-paid post to Caring Solutions, LLC, 5104 Bigelow Commons, Enfield, CT 06082.
Caring Solutions may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Caring Solutions’ 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. Caring Solutions’ 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 Caring Solutions in writing.