01273 900262Carer Terms and Conditions
1. DEFINITIONS
1.1 ”Carer Services” means the service provided by the Carer on the terms agreed between the Client and the Carer;
1.2 ”Carer Wage” means the relevant wage to be paid by the Client to the Carer for the provision of the Carer Services.
1.3 ”Client” means an individual or individuals to whom the Carer is introduced through careleaf.co.uk and for whom the Carer Services are provided;
1.4 ”Introduction” means the introduction of the Carer to the Client by careleaf;
1.5 ”Careleaf” means Careleaf limited a company registered in England and Wales with company number 09815694
1.6 ”Carer” means the person introduced through www.careleaf.co.uk to the Client for the provision of Carer Services;
1.7 ”Application Form” means the form provided by Careleaf to Carers and which must be completed by the Carers to the satisfaction of Careleaf.
1.8 ”Web Site” means http://www.careleaf.co.uk
1.9 “Introductory Platform” means the online platform whereby the Clients can find and connect with the Carers.
2. INTRODUCTION
2.1 Careleaf will only undertake business on the following terms and conditions which are legally binding on all contracting parties.
2.2 Careleaf acts as an introduction agent only and does not employ the Carers.
2.3 The Carers are to be given instructions by the client.
2.4 Careleaf is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the introduction of and/or the provision of the Carer Services. The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms.
3. APPLICATION FORM
3.1 These terms and conditions shall apply to the agreement for services and shall supersede any other documentation or communication between parties.
3.2 When the Application Form has been received by Careleaf by email submission, fax or by post, this does not create a contract between Careleaf and the Carer.
3.3 Nothing in these Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Careleaf may be entitled, by virtue of any statute, law or regulation.
3.4 Nothing in these Conditions shall be construed as constituting a partnership or joint venture between the parties.
3.5 These terms and conditions are available on the Web Site.
4. APPOINTMENT AS INTRODUCTORY PLATFORM
4.1 Careleaf will act as the Carer’s introductory platform.
4.2 This Agreement does not give rise to a contract of employment between Careleaf and the Carer.
4.3 Careleaf will not charge a fee to the Carer for facilitating introductions.
5. CARER OBLIGATIONS
5.1 The Carer should not engage in any conduct which is detrimental to the interests of Careleaf, would negatively affect careleaf’s relationship with the Client or is likely to bring Careleaf into disrepute.
5.2 The Carer shall, before the commencement of the Carer Services, have provided Careleaf with satisfactory evidence of their identity, which shall include, but not be limited to, a copy of the Carer’s ID.
5.3 The Carer confirms that they are legally allowed to work in the United Kingdom and shall show Careleaf documentary evidence as proof thereto.
5.4 The Carer shall provide Careleaf with the name of at least two references who the Carer agrees that Careleaf may approach at any time for the purpose of obtaining references about the Carer.
5.5 The Carer will accept the Carer Fee by cheque or bank transfer from the Client at the end of each fortnight or whatever method is agreed by the Carer and the Client.
5.6 Any change to the information contained within the Application Form will require the Carer to resubmit the amended Application Form that will also be subject to acceptance pursuant to Condition 3.2.
5.7 The Carer consents to the disclosure of all relevant information (which is required to progress any application or which is requested by the Client) including but not limited to copies of qualifications, authorisations and/or references, by Careleaf to the Client.
5.8 The Carer shall immediately inform Careleaf should there be any reason or circumstance under which it would be detrimental to the interests of Careleaf, the Client or the Carer for the Carer to take up a particular position with a Client or to continue its engagement with Careleaf.
5.9 In the event that the Carer is unable to honour an Engagement that has been agreed with a Client the Carer shall notify the Client as soon as practicable.
5.10 The Carer is free to undertake any other engagement or employment whilst registered with Careleaf.
5.11 The Carer is not obligated to accept any Carer Services or Introduction offered to him/her through Careleaf.
5.12 The Carer should ensure that they have their own public liability cover.
5.13 The Carer is responsible for their own tax liabilities.
6. CARELEAF’S OBLIGATIONS
6.1 Careleaf shall endeavour to secure suitable introductions for the Carer but shall be under no obligation to find an introduction for the Carer at any time.
6.2 Careleaf does not accept any responsibility and shall not be liable for any loss suffered by the Carer by reason of the Carer’s decision to resign from his/her current employment or any existing engagement before or after receipt of the Client’s offer.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall exclude or limit the liability of the Carer for death or personal injury.
7.2 All parties agree that Careleaf shall not be liable to the Carer or to any other third party, including, but not limited to the Carer’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it.
7.3 The Carer acknowledges that the decision to accept an offer of engagement is the sole responsibility of the Carer, and Careleaf gives no warranty, representation or undertaking as to the history, character, suitability, honesty of any Client nor as to the completeness, truthfulness or accuracy of any information provided by the Client.
7.4 The Carer acknowledges the risks inherent in participating in a Carer introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Careleaf and any person involved in creating, producing or distributing the Careleaf service or information pertaining to the Careleaf service.
7.5 Careleaf does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an Introduction made by Careleaf.
7.6 To the extent permitted by law, Careleaf will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Web Site or the services provided by Careleaf.
7.7 The Carer agrees to indemnify and hold Careleaf harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Careleaf by any third party arising out of the Carer’s use of the Web Site and the Carer Services provided by Careleaf, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Careleaf in consequence of the Carer’s breach of these terms and conditions.
8. PRIVACY POLICY
8.1 Please read the following carefully to understand Careleaf’s practices regarding personal data and its treatment.
8.2 Careleaf is committed to protecting and respecting the Carer’s and the Client’s privacy.
8.3 These terms and conditions set out the basis on which any personal data collected from the Carer, or that the Carer provides to Careleaf, will be processed by Careleaf.
8.4 Careleaf may collect and process data (which includes personal data) about the Carer including but not limited to: (A) information that the Carer provides by filling in the Application forms; (B) If the Carer contacts Careleaf, Careleaf may keep a record of that correspondence or notes of any telephone conversations; and (C) Careleaf may also ask the Carer to complete surveys that Careleaf uses for research purposes;
8.5 The data that Careleaf collects from the Carer may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Careleaf or for one of Careleaf’s suppliers. Such staff maybe engaged in, among other things, the fulfillment of the Carer’s Agreement and the provision of support services. By submitting the Carer’s personal data, the Carer agrees to this transfer, storing or processing.
8.6 The transmission of information via the Internet is not completely secure. Careleaf will use reasonable endeavours to protect the Carer’s personal data, but do not guarantee the security of data transmitted to the Web Site. Any transmission of such data is at the Carer’s own risk. Once Careleaf has received the Carer’s information, they will use strict procedures and security features to attempt to prevent unauthorised access.
8.7 Careleaf uses information held about the Carer in the following ways (including but not limited to): (A) ensure that content from the Web Site is presented in the most effective manner; and (B) provide the Carer with information, products or services that the Carer requests from Careleaf or which Careleaf feels may interest the Carer, where the Carer has consented to be contacted.
8.8 Careleaf may disclose the Carer’s personal information to third parties (including but not limited to): (A) in the event that Careleaf sells or buys any business or assets, in which case Careleaf may disclose the Carer’s personal data to the prospective seller or buyer of such business or assets; (B) if Careleaf or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Carers will be one of the transferred assets; (C) if Careleaf is under a duty to disclose or share Careleaf personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Careleaf, their Carers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
8.9 Careleaf will provide the Client with information about the Carer including but not limited to the name, sex, age and relevant experience of the Carer and any other information relevant to the provision of Carer Services which may be undertaken or which has been undertaken.
8.10 The Web Site may, from time to time, contain links to and from the Web Sites of Careleaf’s partner networks, advertisers and affiliates. If the Carer follows a link to any of these websites, the Carer should note that these websites have their own privacy policies and that Careleaf does not accept any responsibility or liability for these policies. The Carer should check these policies before submitting any personal data to these websites.
8.11 Any changes Careleaf may make to the privacy policy in the future will be posted on the Web Site.
9. INDEMNITY
The Carer undertakes to indemnify and keep fully indemnified Careleaf at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of Careleaf), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Carer of any of the Carer’s obligations, undertakings or warranties as set out within these Conditions.
10. ASSIGNMENT
This Agreement is personal to the Carer and the Carer shall not be entitled to assign their rights or obligations or delegate its duties under this Agreement without the prior written consent of Careleaf.
11. THIRD PARTY RIGHTS
Nothing in these terms and conditions intends to or confers any rights on a third party.
12. SEVERANCE
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. WAIVER
The failure by either party to enforce at any time or for any period any one or more of these terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
14. TERMINATION OF THE RELATIONSHIP
14.1 The relationship between the Carer and Careleaf may be terminated by the Carer upon written notice to Careleaf (whether by email, fax or post) (“Cancellation Notice”).
14.2 The Cancellation Notice is deemed received and applicable only when Careleaf acknowledges receipt of the Cancellation Notice.
14.3 Careleaf may acknowledge receipt of the Cancellation Notice by email, fax or post.
14.4 Until such time as Careleaf acknowledges receipt of the Cancellation Notice, the Carer’s details will continue to be held on Careleaf database.
14.5 The relationship between the Carer and Careleaf may be terminated by Careleaf upon written notice to the Carer (whether by email, fax or post).
15. ENTIRE AGREEMENT
These terms and conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
16. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.