HomeCare offers family online services to match individuals, companies and families with various service providers, including, but not limited to, child care, nannies, babysitting, elder care, house sitting, housekeeping, driver, errand boy, nurses and other homecare services as listed on the website (collectively referred to as ("Services"). HomeCare's Services on HomeCare allows individuals and/or entities providing care services ("Service Providers") to post information profiles on the Website to facilitate matching with those Users who are seeking services ("Service Seekers").
HomeCare's Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences and needs. HomeCare's Service also involves providing a platform to facilitate the initial and ongoing communication between Service Seekers and Service Providers ("Messaging Platform"). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number.
HomeCare is not a party to the relationship between the Service Seeker and Service Provider. HomeCare 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.
HomeCare does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of HomeCare's Platform.
HomeCare grants you the right to use the App for your personal use.
You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). Your use of the App is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
You acknowledge and agree that the App may not contain the same functionality available on the Website. We cannot guarantee the continuous, uninterrupted or error-free operation of the App or that the App will perform at a certain speed, as this depends on a number of factors beyond our control. You agree that downloading, accessing and use of the App is made available to you on an "as is" and "as available" basis for use at your sole risk.
To be eligible to use the Services offered by HomeCare, you represent and warrant as follows:
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 HomeCare with certain current, complete, and accurate registration information, including your name, e-mail address, age, address and phone number, and other data or information that has been requested by HomeCare during the client account registration or renewal process ("Registration Data").
You agree that you will:
Further, you agree to immediately notify HomeCare 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.
HomeCare charges a fee for its Services. The first fee payment is made when a User signs up for HomeCare’s Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., determined number of days, monthly, quarterly, annually), unless the Services are thereby terminated by either Party.
You agree that any fees associated with the use of HomeCare's Services are considered final payments and are non-refundable.
As a Service Seeker, Service Provider or any other User of the Services, you agree that the content of information and materials posted on the Website or App by You is accurate, current and complete. In addition, you represent and warrant as follows:
HomeCare hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to
HomeCare may terminate this license at any time for any reason whatsoever.
The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.
HomeCare encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Platform and in connection with the Services provided.
Please contact HomeCare at email@example.com
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL HOMECARE 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 PLATFORM, SERVICES, OR ANY HOMECARE 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).
HomeCare 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 HOMECARE, 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 PLATFORM 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 PLATFORM OR THE USE OF, OR RELIANCE ON, ANY HOMECARE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, 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 HOMECARE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
You agree to indemnify and hold HomeCare, 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, and Platform.
The content and material appearing on the Platform could include technical, typographical or photographic errors. HomeCare does not warrant that any of the materials provided are accurate or current.
Your access and viewing of any third party websites or resources is conducted at your own risk.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE, APP OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.