Terms and Conditions

Pair My Care

DIGITAL PLATFORM TERMS AND CONDITIONS

Welcome to Pair My Care. We are an online care introduction platform, that enables those in need of care to connect with carers in their area and access the support they need, and that enables carers to find individuals in need of their care.

Before you start enjoying our Platform we have to set out the rules which will govern Pair My Care’s relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at support@pairmycare.co.uk.

WHO WE ARE

We are PAIR MY CARE, trading as Pair My Care, a company incorporated and registered in England and Wales with company number 10635604. Our registered office is at 6, Opal Mews, London, NW6 7JU (referred to as Pair My Care, we, our and us). Thank you for using our service.

THESE TERMS

In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Website, which refers to all our sites located at or accessible through https://www.pairmycare.co.uk, our Web Application, which is accessible via our Website on desktop and mobile devices, and our Mobile App, which we will make available in major app stores, together as our Platform. References to our Website include our owned sites, such as other URLs deriving from https://www.pairmycare.co.uk, but do not include links to third-party sites, such as the sites of our partners.

These Terms govern your relationship with us when you access our Platform, so please make sure to read them carefully before you start accessing the Platform. Once you start using our Platform you are taken to have understood and accepted these Terms. These Terms will form a binding agreement between you and us so if you have any questions, please let us know.

At Pair My Care, you are either a receiver of care services looking to access care from a listed carer (a Care Recipient) or you are a person or organisation who provides care services for Care Recipients (a Carer). If you are a relative or dependent booking a Carer on behalf of a Care Recipient, then we refer to you as a Representative. When we refer to the benefits and responsibilities of Care Recipients in these Terms, Representatives understand that this is taken in all cases to also include Representatives acting on behalf of a Care Recipient. If we are talking about Care Recipients, Carers and Representatives together, we will refer to you collectively in these Terms as Users.

OTHER APPLICABLE TERMS

These Terms also include our Privacy Policy (the Privacy Policy). You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you via the Platform.

CHANGES TO THESE TERMS

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let you know what these significant changes are and you may contact us at support@pairmycare.co.uk if you have queries regarding these significant changes.

We don’t expect you to check these Terms every time you use our Platform but equally, we don’t want to bombard you with every little update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them.

THE PLATFORM

Our Platform is structured so that you are able to access it via any compatible device of your choosing, whether on desktop, mobile or tablet.

When you reach our Platform as a Care Recipient (which as stated above, includes Representatives), you can use it to:

create a personal account and add personal information within it, for example linked to your personal details, care requirements, and a personal photo (an Personal Account);
view and engage with Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you);
input the type and frequency of care you are looking for;
search for available Carers, and view information about them on their Carer profiles;
make a booking or a request for a booking with a new Carer or pick a Carer from an existing booking in order to rebook them (a Booking and a Booking Request), and make payments due to Carers for those Bookings which are made through our appointed third-party payments processor;
view past, and upcoming Bookings;
search for Carers’ profiles and availability, and communicate with Carers directly through our in-built messaging system (Messaging System);
receive notifications, which may include via push notifications, emails, SMS and when using the Platform. These messages may include information about your Personal Account, our content, our community, and general product information. You can control your preferences from your settings or by emailing us;
click on links to our social media channels;
access customer support from our support team; and
access our legal and data protection policies.

When you reach our Platform as a Carer, you can use it to:

create a Carer account and add a photo, a bio, rates for services, location, experience levels, and other pertinent information within it for the purposes of connecting with Care Recipients (a Carer Account), subject to fulfilling the requirements as set out below for registering as a Carer on our Platform;
view and engage with Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you);
view Care Recipients’ profiles and communicate with them via the Messaging System relating to Bookings;
receive Bookings and Booking Requests from Care Recipients,
receive payments and feedback in respect of completed Bookings in accordance with these Terms;
search for unassigned jobs and contact the Care Recipients in order to accept the job.
view past, and upcoming Bookings;
view your earnings made through past Bookings through the Platform;
receive notifications which may include via push notifications, emails, SMS and when using the Platform. These messages may include information about your Carer Account, our content, the community, and general product information. You can control your preferences from your settings or by emailing us;
click on links to our social media channels;
access customer support from our support team; and
access our legal and data protection policies.

(together, the Platform Functions)

Please refer to our Privacy Policy for more information on how we process your personal data.

The list above is not necessarily a complete list of the functions of the Platform and we may decide to offer additional functions, or stop providing any Platform Functions, at any time.

CARER REQUIREMENTS AND REVIEWS

Checks

Whilst we operate an open registration system, we conduct checks to verify the suitability of Carers for our Platform before they are verified as Carers on our Platform. A Carer must be verified with us before they are able to accept Bookings.

In order to register as a verified Carer on our Platform, a potential Carer must:

provide an existing care certificate (Care Certificate), or if you do not have one, sign up for and successfully complete remote care training with us or one of our third-party training partners (Care Training), and where you are required to take Care Training, we or our third-party training partners retain full discretion as to whether the Care Training has been successfully completed;
provide up-to-date DBS check information which we will cross-reference against the DBS register;
confirm their right to work;
where requested, participate in a video interview which may be conducted automatically or with a member of our team so that we can verify the individual’s identity;
provide any other information we require from time to time to verify Carers.

All applicant Carers will be asked to provide 2 references, one reference should be from the applicant’s current or most recent employer and the other can be a from an employer, or a character reference. If an applicant has not worked previously then we will accept character references and/or education references.

We reserve the right to take any steps we deem appropriate to check the suitability of Carers for our Platform. This may further include email and phone number verification, and using third party service providers where we deem appropriate, including after a Carer has been verified. We will conduct Carer checks and verification processes as we deem appropriate, in accordance with Pair My Care’s Privacy Policy and applicable laws.

We retain full and sole discretion as to whether Carers are accepted as Carers on the Platform, or whether they are entitled to remain on the Platform once accepted on to it. As a Carer, you agree that you will have no claim or action against us, if we choose not to accept your registration with us or if you are subsequently removed from the Platform, whether as a result of our above mentioned verification processes and checks, or otherwise. Where we have refused a potential Carer from our Platform, we will make efforts to provide reasons where we feel it would be fair or appropriate.

Reviews and Feedback

In order to maintain a system of trust and transparency on our Platform, we may operate a star rating system and feedbackssystem for Carers, which may be based on feedback provided following completed Bookings. Once a Booking is complete, a Care Recipient may be prompted to provide a rating and/or review of the relevant Carer and provide feedback on their services. All such feedback forms part of our Content and may be publicly viewable within the Platform.

You understand that we are not responsible for the feedback provided on you – however if you are concerned or wish to report unfair or inappropriate feedback whether on yourself or another User, please contact us so that we can review. We will have the final determination on whether feedback is permitted to remain or if we remove it.

No Warranty for Carers

Whilst we take reasonable steps to verify the identity and suitability of Carers before they are verified on our Platform, we do not warrant any Carer’s suitability and as such disclaim any liability for any actions or omissions of Carers, or consequences thereof, of any Carers with Care Recipients (or their Representatives) at any time before, during or after a Booking. We can only rely on the information presented to us and anything outside of this is beyond our reasonable control.

OUR ROLE IN CARE SERVICES

Carers on our Platform are independent contractors, who set their own working time, rates for services, and modes of service delivery, and who retain full discretion as to whether or not to accept any Booking or Booking Request. Carers are not employees, agents or partners of or hired by Pair My Care and agree that they will not represent themselves as such. Carers are not committed or contracted to providing services to Pair My Care, and we do not provide any guarantee that a Recipient will be able to successfully book a Carer on our Platform. Pair 4 My Care is not a carer and does not itself provide care services. Any Carer is entitled to provide care services outside of Pair My Care and Pair My Care places no restrictions on Carers in this way, provided that they do not breach these Terms.

Our Platform exists to introduce Care Recipients (and/or their Representatives) with Carers. Once an introduction between Users is made and a Booking process is initiated, our involvement is limited to our obligations as set out in these Terms and anything beyond these obligations is beyond our reasonable control. In particular, we cannot be held responsible for the actions or omissions of Carers, Care Recipients or their Representatives, on or outside of the Platform. When a Booking is made for a Carer to provide care services to a Care Recipient, all parties acknowledge that they form a contract between them which Pair My Care is not a party to (including where Pair My Care has provided a form of that contract to support the process of introducing Carers with Care Recipients). Pair My Care is an intermediary in that arrangement, but cannot guarantee the performance by either party of their respective obligations under it, and Pair My Care holds no liability to Users beyond what is stated in these Terms.

Procedures for feedback, complaints and refunds are clearly set out in these Terms or stated clearly on our Website. If Users wish to make claims of any nature or any form of claim beyond the remit of the Pair My Care complaints system, then any such claim must be made off the Platform with the relevant competent authorities. Pair My Care is not and will not be at any time a party to the contract between Carers, Care Recipients and/or their Representatives that is concluded via the Platform or otherwise executed directly between them during or after their use of the Platform. Where a claim has arisen as a result of care services which were sourced through Pair My Care, we may be able to provide information to any competent authorities in respect of that claim, subject to our right to be reimbursed for any costs, expenses or time involved in providing such information.

REGISTRATION

To use the Platform, Users will have to sign up to create an account. Users can create an account by providing the requested details on the sign-up page, including whether the User is a Care Recipient or a Carer, and depending on the response, the User will be prompted with appropriate instructions on the Platform. A Care Recipient may also be asked at the point of registration whether they are the Care Recipient themselves or the Care Recipient’s authorised Representative. Representatives warrant that they are authorised to act in this capacity as the Care Recipient’s Representative. Pair My Care will not be under an obligation or in a position to verify this authorisation.

In all cases, we require your date of birth to confirm you are legally able to use our service – you must be at least 16 years old to register as a User. However, if you are under 18 years old, you will be required to confirm that you have your parent or guardian’s permission to register and upload Content to the Platform. Notwithstanding, you must be at least 18 years old to be verified as a Carer.

Where you are a Representative of a Care Recipient, you can register a Care Recipient’s account under their name and details so long as you have their permission (whether explicit, or by virtue of your legal status in respect of that individual and ability to make such decisions on their behalf). Where prompted, you should specify that you are a Representative managing a Care Recipient’s account on their behalf.

After registering, Users can sign into our Platform using their email address and password provided (or social media login, where available). All Users must provide truthful and accurate information when registering with us. In particular, any information provided by a Carer which proves to be false may result in temporary or permanent suspension from the Platform, cancellation of any upcoming Bookings, and our withholding of any sums which may have otherwise been due to the Carer pending any ongoing investigations. Where any User has provided materially false information, or attempted to use a fake identity, then we reserve all rights of action, including legal action for breach of this contract, against the relevant individual(s).

All Users understand that we are not able to absolutely verify all information provided to us. If at any time, you believe that another User has provided false information to us via the Platform, you should inform us as soon as possible so that we can take appropriate action to protect our community. We are entitled at any time to report a User to relevant competent authorities and share information provided to us by Users in cooperation with those authorities.

Users are responsible for looking after the security of their account information. This means that you are responsible for all activities that happen on your Personal Account or Carer Account (as applicable) and for any access to or use of the Platform by you or any person using your account even if that access or use has not been 5 authorised by you. Please immediately notify us of any unauthorised use of your account or any other breach of security relating to the Platform. We are not responsible for any loss or damage caused by the disclosure of your account details to someone else.

You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

BOOKINGS ON PAIR MY CARE

Booking a Carer

Care Recipients, once successfully registered, will be able to browse Carers and request to make a Booking, subject to Carers’ accepting Bookings in all cases. Care Recipients will be able to search for and request to book a new Carer, or select one from an existing Booking in order to rebook them. In each case, it is at the Carer’s sole discretion whether or not they accept a Booking request.

Care Recipients will be able to input the criteria for their desired Booking, and the Platform will display Carers (where they are listed as available and within stated proximity) who may be interested in providing the desired services.

Carers can adjust their settings to allow for one of two different booking processes:

Automatic Bookings: Carers can allow for automatic Bookings, where applicable within allocated timeframes. In such cases, once a Care Recipient has initiated the Booking process, the Carer will have a period of time as stated on the Platform to confirm or reject the Booking. The Care Recipient will then receive a notification, notifying them that the Booking has been confirmed, or if it has been declined.
Non-automatic Bookings: A Care Recipient may send a message to the Carer, and if the Care Recipient and Carer agree, the Care Recipient can initiate a Booking and assign it to the Carer, who can then accept or decline, or where such functionality as available, propose adjustments prior to accepting.

Carers may also be enabled to reach out directly to Care Recipients on the Platform, with a view to securing Bookings, and Care Recipients understand that they may receive messages and corresponding notifications where this occurs. In particular, this may arise where Care Recipient are able, where such functionality is available, to publicly post potential care jobs (Jobs) for review by our community of Carers. In such cases, once a Job has been posted, Carers may contact the Care Recipient and agree the scope and price for the relevant services.

Once connected with a Care Recipient, it is the Carer’s and Care Recipient’s role to conclude an agreement between them. Pair My Care will not be responsible or involved in negotiations between Carers and Care Recipients.

Carers must keep their Carer Accounts (including their Platform profiles) up to date in all respects and understand that listing inaccurate information or out of date information may invalidate any agreement concluded with a Care Recipient.

Finalising Bookings and the Care Contract

Once a Carer and Care Recipient have agreed terms of a Booking and the Carer has provisionally confirmed the Booking, each of the Carer and the Care Recipient will be prompted to enter into a private contract between them with respect to the Booking and any other future Bookings between them, which will enable the Booking to be finally confirmed on the Platform (Care Contract).

Pair My Care provides a form of Care Contract, which once electronically signed on the Platform, will enable a Booking to be finally confirmed. Pair My Care is not a party to any Care Contract, and is mentioned in the Care Contract on our Platform solely for the purposes of recording how the Care Contract was concluded. As such, Pair My Care can neither enforce, nor be liable under any Care Contract, and the delivery (or failure to deliver) under any Care Contract is beyond our reasonable control.

Whilst we are not a party to any Care Contract, we make it so that entering into the Care Contract on our Platform is mandatory, as a measure of protection for both Care Recipients and Carers. To the extent that a Carer wishes to use their own form of Care Contract with a Care Recipient, they should contact us by email.

Pair My Care is not a law firm or legal services business and does not provide any form of legal, financial, tax or other professional advice. Whilst we have taken legal advice in respect of the Care Contract on our Platform, we 6 urge all Carers and Care Recipients to review it, and where they deem it appropriate, to take their own personal legal advice in respect of it prior to entering into it.

Making Payments

We use a third-party payments processor in order to process payments via our Platform (Payments Processor). We do not store card details. Prior to or as part of making a Booking, we require all Care Recipients to provide payment card details and sign up to our pre-authorisation process managed by our Payments Processor. Separately, and to ensure our Platform and Services are accessible to those who need it, we may also accept offline payments. Please contact us if you would like to manage payments offline (for example by cheque or other payment method).

Care Recipients must pay or authorise payment of the total fee agreed with the Carer, which will initially be paid into our escrow (or equivalent) account operated by our Payments Processor. We will authorise release of the relevant funds to the Carer, approximately 4 days after the Booking is complete and corresponding services have been delivered as agreed. We will aim for 4 day payment cycles, although this may be longer than 4 days.

The full amounts of any payment must be agreed in advance between the Carer and Care Recipient, and each party will be required to clearly indicate their acceptance to the agreed terms before starting the Booking.

The Carer Recipient will receive a prompt at the end of the Booking to confirm that it was successfully completed. If the Care Recipient reports that it was not completed, then they have an option to enter the dispute resolution stage as set out under ‘Cancelling and Disputing Jobs’ below. If there are no disputes, then the agreed prepayment will be released to the Carer, less any fees due to Pair My Care. If there is no confirmation within 48 hours, then the Booking will be deemed to be successfully completed, subject to our discretion to listen to any complaints and mark the fee as disputes if we receive a complaint after 48 hours from completion of the Booking

Cancelling and Disputing Jobs

If a Care Recipient decides to cancel a Booking after an escrow payment has been made, the following fee scale will apply:

Time of Cancellation by Care Recipient (including their Representative	Amount of Refund (less any third-party payment processing fees)
More than 48 hours before the Booking is due to commence	100%
More than 24 hours before the Booking is due to commence	75%
More than 12 hours before the Booking is due to commence	50%
More than 2 hours before the Booking is due to commence	No refund

If a Carer cancels a Booking the Care Recipient will receive a full refund of sums paid. If the Carer cancels within 1 hour of a scheduled Booking, then the Carer’s will be charged a cancellation calculated as 20% of the original Booking fee + VAT, which will be deducted from the Carer’s next payment release.

If a Care Recipient seeks to cancel a Booking after an escrow payment has been made and after the Booking has commenced, then all sums paid will be non-refundable, save that if the cancellation is occurring because the Care Recipient wishes to raise a complaint or dispute, then the sums will be held in escrow pending a resolution. In such cases, a refund may be issued to a Care Recipient, subject to any deductions for third-party payment processing fees, and/or a Pair My Care administration fee of up to 10% + VAT of the total Booking amount.

Where a dispute is raised, each party agrees that Pair My Care will be appointed as an adjudicator in the dispute, subject to our discretion at all times to decline the appointment, or to declare that we are unable to adjudicate at any time after initially accepting it (for example where we believe the dispute ought to be handled by legal authorities).

When acting as adjudicator, each party will be required to submit their version of events to us, with supporting evidence and all parties agree that once appointed we will have full authority to adjudicate on any such disputes. Where we believe that a Carer’s service has been properly delivered, then we are authorised to release payment to the Carer. However, where there is only a deposit or partial payment held in escrow, then it will be for the Carer to collect the remainder of the payment from the Care Recipient off of the Platform.

Where we, in our sole discretion, do not have sufficient evidence or are not able or willing to provide a conclusion, we will retain the relevant sum in escrow until such time as we are instructed otherwise by the parties, or a competent authority to release funds. Where such a dispute is raised, we reserve the right in certain circumstances to charge a 10% + VAT adjudication fee of the total Booking fee, to protect us against frivolous disputes and non-cooperation.

Where a Carer cancels a Booking before it is complete, the Care Recipient will receive a pro-rated refund of any amounts already paid by them, which will be processed within a reasonable period through our third party payments processor. Please note that refunds may take time to be processed and if processing times are longer than 30 days we will inform you. In such cases, sanctions may apply on the Carer’s Carer Account where we receive complaints about their services or manner (on or off Platform). This includes where the Carer cancels because they are no longer able to work, for example due to illness or other incapacity.

Users agree that they will act at all times in good faith towards Pair My Care, and not attempt to circumvent Pair My Care at any point during the Bookings process. Users agree that where an introduction is made via the Platform, that they will complete any subsequent Bookings on the Platform. If Pair My Care becomes aware of any attempts by Carers or Care Recipients to take a Booking ‘offline’ so as to avoid any fees payable to Pair My Care, then we reserve the right at all times to: (1) suspend or delete a User’s account; (2) make note of the User’s actions on the User’s profile on the Platform in a manner we deem appropriate, (3) invoice for any fees as if the Booking had been completed on the Platform payable within 14 days, and/or (4) take any other action as we deem appropriate in the circumstances.

Fees

Unless agreed otherwise in writing or as part of a paid subscription, Carers will not be charged to access our Platform and access Bookings on it, and Care Recipients will not be charged to access our Platform and make Bookings on it.

Booking Fees

Pair My Care charges 20% + VAT on each hour of care booked and completed via our Platform, and such sum will be deducted from any payments made to Carers in respect of Bookings and is non-refundable.

Dispute and Administration Fees

As stated above, we may charge administration and adjudication fees of up to 10% of a total Booking sum plus VAT in certain cases where we are required to manage cancellation, dispute and/or refund processes.

General

Subject to the terms of our Payment Processor from time to time, you may use all major debit and credit cards, Apple Pay and Google Pay wallet payments and PayPal to make payments via the Payment Processor (although our Platform may not always support all of these payment methods).

You agree that all payments will be made on the Platform. Offline, cash or any other payments made not using the Platform are strictly prohibited. Users who try to make any payment outside the Platform will be issued with an initial warning and any further breach may result in suspension of the User’s account (temporary for 28 days or longer) in addition to any rights we have to charge for the booking fee we are due.

Please note that Users must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.

Non-Circumvention

Please note that any attempts to circumvent fees due to Pair My Care under these terms is a material breach of our contract together and may result in an action against the Carer for any fees due to us, along with contractual 8 damages (in addition to our rights to suspend you). We take steps we deem appropriate to prevent circumvention, including to monitor (using automated tools) chats between Users, and Users agree to such monitoring.

TAXES

Carers are fully responsible for payment of their own taxes for any income earnt as a Carer, and shall indemnify Pair My Care for and in respect of:

(a) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with being a Carer, where the recovery is not prohibited by law. Carers agree to indemnify Pair My Care against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Pair My Care in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where the latter arise out of Pair My Care’s negligence or wilful breach of these Terms; and

(b) any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by a Carer against Pair My Care arising out of or in connection with their role as a Carer on the Platform, except where such claim is as a result of any wrongful act or omission in breach of these Terms of Pair My Care.

Pair My Care may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to be released to any applicable Carer.

PROMOTIONAL CODES

We may from time to time provide certain promotional codes to Users, for example as one-off promotions or as part of a loyalty programme. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.

Pair My Care reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotional code by you or any other User if we believe that the use or redemption of a promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms.

PLATFORM AND USER CONTENT LICENCE RESTRICTIONS

This section tells you what you’re not allowed to do on the Platform.

Except as expressly allowed in these Terms, you may not:

copy the Platform or User Content (defined below);
transfer the Platform or User Content to anyone else, except where we make possible and encourage sharing;
sub-license or otherwise make the Platform or User Content available in whole or in part (and whether in object or source code form) to any person;
make any alterations to, or modifications of, the Platform or User Content; or
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or User Content or attempt to do so,

(together the Platform and User Content Licence Restrictions).

ACCEPTABLE USE RESTRICTIONS

You may use the Platform only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:

use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use, share, or otherwise exploit the Platform any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
reproduce, duplicate, copy, share, or re-sell any part of the Platform in contravention of these Terms;
use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other members;
use the Platform in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, Pair My Care staff-member or other person associated with our service;
upload any inappropriate or adult Content or pornography or be in any way associated with the adult industry on the Platform;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform; or
access without authority, interfere with, damage or disrupt (a) any part of the Platform; (b) any equipment or network on which the Platform is stored; (c) any software used in the provision of the Platform; or (d) any equipment, network or software owned or used by any third party

(together the Acceptable Use Restrictions).

TERMINATION OF YOUR RIGHTS

We may end or suspend your rights under these Terms immediately and without notice if

you have breached any of the Platform and User Content Licence Restrictions and/or Acceptable Use Restrictions;
we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
you are otherwise in breach of these Terms

If we end your rights under these Terms:

you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so; and
you will not be entitled to any refund as a result of your breach or unsuitable use.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us (the User Content) and what your obligations are in relation to that User Content (including for example Carer or Care Recipient profile information).

You agree that:

the Platform and all material published on, in, or via them (including but not limited to the User Content, and all articles and other educational content we publish) is owned and controlled by or licensed to us;
in respect of the User Content that you create, upload, send or post to us via the Platform or otherwise that:
- you retain the ownership rights in the User Content;
- you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sublicences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Platform, on other websites, on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
- we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
- you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.

You represent and warrant on an ongoing basis that you:

are the owner or authorised licensee (in the case of Representatives) of all User Content;
have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant Pair My Care policy; and
have all required permissions and consents from any third party whose personal information is included in any User Content.

INTERACTION AND REPORTING

Our Platform enables Users to interact directly with each other once a Booking process has been initiated, for example through our Messaging System. All Users acknowledge and agree that they are responsible for their own interactions on the Platform. Pair My Care does not directly control or fully moderate User Content in real time at the time of upload, and Users should use the reporting mechanism below to ensure that any harmful User Content (including in private messages in the Messaging System) is identified and addressed as efficiently as possible. Users acknowledge that Pair My Care is at all times entitled and permitted to monitor and view all Users’ interactions within the Platform, including in direct messages between two or more Users.

Please note that Pair My Care is built and relied upon the trust and good faith of our Users. Any attempts to behave in a discriminatory, prejudice or otherwise harmful or offensive or dangerous manner will be treated severely, and we reserve the right at all times to share any content shared by Users with legal authorities.

Reporting mechanism: If you see any User Content which appears on our Platform which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate User Content or communication between Users to us via support@pairmycare.co.uk and request that any such User Content is removed or that the User communication is investigated. One of our team will then review your report and take any action we deem appropriate.

In all other cases, you should use our ratings, review and feedback systems to communicate and share your experiences with other Users.

AVAILABILITY OF THE PLATFORM

The Platform is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

ACCOUNT DELETION

If you wish to terminate your Personal Account or Carer Account with us, you can do so at any time by contacting us and requesting that we delete your account, although please remember that you will not be refunded for payments already made if you choose to do so.

WEBSITES WE LINK TO

The Platform may link to other third-party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.

We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.

INSURANCE

Carers agree that they are responsible for obtaining their own insurance for any services they provide to Care Recipients, and Pair My Care will in no way be held responsible for any Carer’s failure to obtain appropriate insurance. Carers should seek professional insurance advice if they are unsure on the type of insurance required to work as a carer.

NO RELIANCE ON INFORMATION

All information published on or via the Platform is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.

IF THERE IS A PROBLEM WITH THE PLATFORM

If you have any questions or complaints about the Platform or User Content please contact us. You can contact us at support@pairmycare.co.uk.

We are under a legal duty to provide a Platform that is in conformity with these Terms and have set out a summary of your key legal rights in relation to the Platform. Nothing in these Terms will affect your legal rights.

Summary of key legal rights:

the Platform must be as described, fit for purpose and of a satisfactory quality;
if the Platform is faulty, you are entitled to require that we repair it where you have already made a payment and not yet received the services paid for;
if the fault cannot be fixed, or if it hasn’t been fixed within a reasonable time (e.g. one month) and without significant inconvenience, you can get some or all of your money back for the relevant sums paid for where services have not been received; and
if you can show the fault has damaged your device, and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation (as set out in the section below).

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In all cases where it is legally compliant to do so, we disclaim all implied warranties of merchantability or fitness for purpose, and will only be liable up to a maximum of amounts received by us from by you in the preceding 12 month period in all circumstances. All Users understand that any incident, accident or other action (or inaction) occurring at or in relation to a Booking after a Carer and Care 12 Recipient connected using Pair My Care is not feasibly linked to Pair My Care’s negligence, including where information listed on a Carer’s or Care Recipient’s profile is not accurate. Pair My Care is not responsible for verifying all information listed on User profiles on our Platform.

We provide the Platform for the purposes outlined in these Terms. You agree not to use the Platform for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms. Our maximum liability arising out of these terms is capped at the amount of fees paid to you by us in the preceding 12 month period.

Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access the Platform at your own risk. Please note that all educational information on the Platform published by us is for information purposes only. In particular, Care Recipient’s understand that Carers do not work for Pair My Care and are independent contractors, and Pair My Care is not responsible for the services provided by Carers. Pair My Care’s responsibilities are limited to vetting that Carer’s have the appropriate qualifications to register with us, but Pair My Care does not otherwise assess Carers with respect to skillsets or suitability for any particular Booking.

COMMUNICATIONS BETWEEN US

If you wish to contact us for any reason, you can do so via support@pairmycare.co.uk

Other than to provide the services provided within our Platform, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications, or to provide you with product updates which we believe are relevant for you in accordance with our privacy policy. You may opt out of marketing communications at any time via your settings within the Platform.

The Platform may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.

Under these Terms, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between Pair My Care and the User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users

These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.

Pair My Care is a trademark of Axela Innovations Limited. All Pair My Care trademarks, service marks, trade names, logos, domain names, and any other features of the Pair My Care brand (“Pair My Care Brand Features”) are the sole property of Axela Innovations or its licensors. These Terms do not grant you any rights to use any Pair My Care Brand Features whether for commercial or noncommercial use.

Source: Office for National Statistics licensed under the Open Government Licence v.3.0