INTRODUCTION

These are the terms and conditions governing the use of https://privateeldrlycare.com, (the Website) and the agreement that operates between us and you (the Terms). The Website is owned and operated by Private Elderly Care (us/our/we) and these Terms set out the rights and obligations of all users (you/your) in relation to your use of the Website.

Please read carefully these Terms and our Privacy Statement. By using the Website, you are consenting to be bound by the current Terms and our Privacy Statement. We may revise the Terms and information contained on the Website at any time and without notice. If you do not agree to these Terms or the Privacy Statement, please refrain from using the Website.

If you have any questions about the Terms or the Privacy Statement, please contact us through mail Admin@privateelderlycare.com.

CONDUCT OF USE

You are not allowed to use this website in any way that is unlawful, abusive, threatening, harassing, obscene, libelous, hateful, or in any other way violating these terms and conditions.

LIABILITY

The material contained within the Website is provided without any guarantees, conditions or warranties as to its accuracy. Private Elderly Care does not represent that information contained on or available via the Website is accurate or complete and accordingly, it should not be relied on as such. You should not rely on any such information. Any arrangements made between you and any other person, using or named on the Website are entirely at your sole risk and responsibility.

To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

·         all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

·         any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any material posted on it;

·         any liability for any bugs or faults in our systems or tools; and

·         any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

1.    loss of income or revenue;

2.    loss of business;

3.    loss of profits or contracts;

4.    loss of anticipated savings;

5.    loss of data;

6.    loss of goodwill;

7.    wasted management or office time; and

8.    for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

LIMITS OF USE

You may use our Website only for lawful purposes. You may not use our Website:

·         In any way that breaches any applicable local, national or international law or regulation;

·         In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·         To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;

·         To 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 any computer software or hardware.

You also agree:

·         Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms;

·         Not to charge others for the use of Private Elderly Care unless in specific written agreement with Private Elderly Care;

·         Not to reuse text or graphics from the Website or parts thereof.

PROHIBITED

You agree to not use the Service to:

1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
2. harm minors in any way;
3. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity.
4. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
8. upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. "stalk" or otherwise harass another;
12. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise

CHANGES TO TERMS

We are committed to ensuring that our website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the services, at any time. We will never charge you for any service without making it very clear to you precisely what you're paying for.

Any new features which are added to the current site shall also be subject to this Terms and condition. You can always review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or retrieve any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

CUSTOMER AGREEMENT

1. In Privateelderlycare.com, user can register yourself as a Caregiver (if they are looking for a job) and as an Employer (if they are looking for in home-care).

2. Each user role (“Caregiver”, “Employer”) has to create their profile with accurate details. If someone reported such as fake profile and we found that true. We’ll instantly banned those accounts.

3. We offer a messaging section in our website, where each user role can communicate and discuss all the work related inquires.

4. We do not have any role in the chat discussion of our any website users. Also, we do not have any dealings with the patients nor collected any patient information.

5. In our website, Employers advertises the location of the job in our website. We are only providing platform to our customers where employers and caregivers interact with each other.

The website has 2 different user roles. The Caregiver and employer. People subscribe to the website as caregiver seeking work or as an employer looking for in-home care. It's a job platform. Each role creates a profile, as a caregiver or as an employer. They communicate via the messaging part of the website. We have no dealings with "patients" or what happens after they make contact. Nor do we collect patient information.

The employer advertises the location of the job on the website. We DO NOT provide service. Only an online platform for caregivers and employers to interact.

Private Elderly Care will ensure high quality of Service but will not be responsible for any Service error including criminal activity by CareGivers. You understand and agree that the Service offered by Private Elderly Care directly or through CareGivers/affiliates of Private Elderly Care has a risk of failure and/or adverse effects resulting in possible mortality or permanent disability. You understand and agree that Private Elderly Care does not guarantee any recovery or outcome from the Service offered. You agree to provide a safe environment for CareGivers to discharge their duty and you will ensure that they are not harassed, abused, or troubled in any way physically or emotionally. You authorize Private Elderly Care to collect patients’ data and use/share the same with others (without revealing the Patient’s identity). Private Elderly Care will not be responsible for misuse of Patient data by CareGivers, affiliates, employees or other party. You will make payments to Private Elderly Care as per the terms agreed and will not link it with the outcome of the Service.

REGISTRATION AND ACCOUNT SECURITY

Our website users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on our website, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
5. You will not use our website if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

SERVICE TERMS

1. Private Elderly Care at this moment grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.

2. The use of the Service is at the User's own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The User will at all times bear the risk of loss, theft or damage to any of its data.

Private Elderly Care will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content, or to limit or refuse the User access to the Service. More specifically in the event the use of the Service, according to us, violates these Terms of Use.

We may disclose the User's Personal Data or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or to exercise its constitutional rights of defence against legal claims.

PRICE AND PAYMENT

You must pay in the currency in which the Service price is quoted or is selected. If you do not hold an account in the relevant currency you may pay by debit or credit card (or any other method that Private Elderly Care may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at their current rate.

1. Payment may be made by credit card. debit card or any other such method as Private Elderly Care may introduce at its absolute discretion.
2. Private Elderly Care reserves the absolute right to accept or refuse any payment made in any form.
3. To maximise security Private Elderly Care does not hold any credit/debit card details. They are held by third party payment providers.
4. Your credit card company may also do security checks to confirm it is you making the Order. Your statutory rights are unaffected by these Terms. 

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle").

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Private Elderly Care cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Private Elderly Care customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Private Elderly Care with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Private Elderly Care to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Private Elderly Care will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FEE CHANGES

Private Elderly Care, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Private Elderly Care will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS & CANCELLATION

Cancellations & refund requests for Subscriptions may be considered by Private Elderly Care on a case-by-case basis and granted in sole discretion of Private Elderly Care.

PERSONAL INFORMATION

Your submission of personal information through the store is regulated by our Privacy Policy. You are to view our Privacy Policy.

IFRAMES

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

INDEMNIFICATION

You agree to indemnify, protect and hold harmless to Private Elderly Care, subsidiaries, affiliates, partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference or your infringement of any law or the rights of a third-party.

JURISDICTION

If there is any dispute arising out of the Site and/or the Services, by using the Site or the Services, you expressly agree that any such dispute shall be governed by the laws without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction, for the resolution of any such dispute.

SEVERABILITY

In the event that any provision of these Terms and conditions is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms of Use, such determination shall not affect the credibility and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

Our inability to exercise or enforce any right or provision of these Terms of Service shall not constitute a discharge of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, pre-empt any prior or synchronous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

CONTACT INFORMATION

If you would like to: access, correct, register a complaint, or simply want more information please contact us:

Email: support@privateelderlycare.com