Terms of Use

 

Welcome to our website www.seakr.co.uk (“our site”). We hope you enjoy our site and the services that we provide (which we shall collectively refer to as our “services”), however before you go any further we ask you to read these terms carefully.  The following terms set out the rules for using our services (as a guest or a registered user) and also provides you with more information about us.  Although some sections of these terms are directed solely at the recipients and/or seekers of care, these terms of website use apply to all users of, and visitors to, our site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES

Who we are and how to contact us

www.seakr.co.uk is a site operated by Care Assist Direct Limited (“we” “us” “our”). We are registered in England and Wales under company number 09983736 and have our registered office at 336 West Barnes Lane, New Malden, Surrey, KT3 6NB.

Our services provide a telephone and an online facility for people who wish to obtain home care support (“care” & “care recipient”) and their families and advocates (“care seekers”) from people who are registered with us to provide care (“care givers”).

To contact us, please email helpful@seakr.co.uk or call us on 01753 373083.

By using our services you accept these terms

By using our site, by using the services, or by creating an account on our site, you confirm that you accept these terms of use (as amended from time to time) and that you agree to comply with them. This creates a legally binding agreement between you and us which governs your use of our services. This agreement is personal to you and can’t be transferred to anyone else.  If you do not agree to these terms of use, please don’t use the site or our services.

By using our services or accepting these terms, you’re telling us that: (i) you are 18 years old or over; (ii) you are the recipient of care or are the authorised person for the recipient of care (i) you are deemed to have capacity and (ii) you consent to us collecting and processing information about you, your health (such as your medical requirements, the treatment you’ve been given by your general practitioner or other health professional, your recovery and the level of care that you need) (where applicable) in accordance with our Privacy policy

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our services and which form part of these terms of use:

  • Our Privacy Policy https://seakr.co.uk/privacy/ which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy https://seakr.co.uk/cookies/ which sets out information about the cookies on our site.
  • If you are a care giver and you register with our site to provide care to our users, our care giver contract will apply to your relationship with us.
  • A Client-Care Professional Agreement (‘the Agreement’) is the document that the care giver and care recipient and/or care seeker will sign to confirm the terms of the services and cost.

Using our services

We provide a telephone and an online facility to help people find home care. We help put care seekers in touch with care givers. We do not directly supply care givers to care seekers, care users  and we are not a care provider. We do not employ carers or care givers. In line with CQC (Care Quality Commission) regulations, we are not permitted to change or advise on a care seeker’s care plan or the delivery of care to a care seeker. We are purely an introduction agency bringing care seekers and care users together with care givers.

If you are a care giver, we have a separate set of terms which govern our relationship with you. These are set out in our care giver terms contract.

In order to find a care giver, a care seeker will need to register with us and provide us with information about the person who will receive care (“care recipient”) and the care that they require. In some cases the care seeker and the care recipient may be the same person. The care seeker may then be provided with care giver profiles to see if there is a good match. Our site will give you guidance, and our staff will also be available to assist you when considering which care giver is right for you.

If you agree, we can post your requirement anonymously on our platform which sets out the extent of the care required. These ads will remain anonymous and care givers will only be given access to care seeker’s contact details if both are a potential match and if the care seeker gives consent. Seakr will then convey the care giver suitability onto the care seeker, before arranging an introductory meeting between care seeker, care recipient and care giver.

If the introductory meeting provides a match between care seeker and care giver, an agreement is signed between care seeker and care giver which also includes the financial payment terms & hourly rates charged by the care giver – this includes the seakr collection fee charged to the care giver only, for collecting the fee for care from their care seeker.  An assessment, risk assessment and care plan is devised by either the care giver or by a Social Services representative, where requested or required, on behalf of the care giver (which may be charged for) prior to commencement of care.  Seakr do  not hold any responsibility for any assessment or agreed care delivery.  On signing of the agreement between the care seeker/recipient and care giver (a document that is not responsible by seakr but entirely between the care giver and recipient of care), payment terms are also agreed and set up via seakr for both parties – this is via a Direct Debit mandate or BACS payment option via seakr administration services and our business partners such as Go Cardless and Xero. Seakr collect payments from the care recipient on behalf of the care giver, passing payments direct to the care giver once payment from their care seeker has been confirmed and the collection fee has been deducted for these services.  These services include the initial community checks of each care giver, finding and matching to care recipients, collection of monies, access to our community with ongoing support and training provision.

You acknowledge that we may not be able to find a care giver to provide the care that the care recipient requires and that there is no obligation on the care giver to accept a request for care. In addition, the choice of the care giver is up to you and we cannot provide you with any guarantees that any care giver will be suitable for your requirements.

Our services are designed only for use in the UK.  They must not be used in other jurisdictions or where the laws of any jurisdiction other than the UK would apply to their use. If you choose to do so then you are solely responsible for compliance with local laws. We make no promise or representation that our services are appropriate to, or lawful in, any other jurisdiction. If you are in doubt, you should seek legal advice and if necessary, stop using the services immediately.

The care recipients requirements

A care giver will rely on the information provided by the care seeker, care recipient about the care recipients care requirements to produce a bespoke care plan. The care seeker, care recipient must provide reliable and accurate information to the care giver to facilitate the right plan being put into place. The care giver can arrange for another experienced care giver or a Social Services representative to complete an assessment on behalf of the care giver.

You must provide and give access to a safe working environment for the care giver to provide you care. Any equipment required to deliver the care safely will be provided by the care recipient. This would include any equipment such as hoist, catheter, mobility aids, apron and gloves etc. It is the responsibility of the care giver to ascertain any equipment required to carry out their duties following Health & Safety at Work Act & their training guidance or request a specialist to carry out an assessment of need.

Cancelling a care visit

If you need to cancel a care visit, you should notify your care giver as soon as possible and with the required notice as per your contract with your named care giver. The full charge will remain, if less than 24 hours notice is given for cancellation of a visit.  On rare occasions, care givers may choose to waive the fee. This is at the care giver’s discretion.

If you no longer require care

If you are a care seeker or care recipient and no longer require a visit from a care giver, you should notify the care giver immediately and terminate your agreement with the care giver in accordance with your signed and written agreement together. Once your agreement has come to an end, you should cancel your direct debit for payment with us once all payments have been made in full and inform seakr that you are ceasing care.  There is a 7 day cancellation period within the first 14 days of care delivery, increasing to 30 days notice period after the first 2 weeks of care delivery. The care giver and care recipient may choose to agree alternative notice arrangements or end care on a mutually agreeable date.and notify seakr accordingly.

Paying for care

If you are a care seeker or care recipient and have been connected with a care giver for the provision of care then you will enter into a direct contractual agreement with that care giver. By entering into an agreement with a care giver you agree that you have the funds available to pay the care giver’s care fees.

All hourly rates are set by the care giver and are subject to change based on the agreement entered into by you and the care giver.

Your care giver will notify us of the hours of care that you have agreed and we will send an online link to you (care recipient or care seeker if authority to do so) to activate your Direct Debit account which will be used to take regular agreed payments on behalf of your care giver or set up a BACS payment agreement with you. We will continue taking the payment according to the weekly invoices sent by your care giver unless you tell us not to.

You agree to keep us updated if you change your bank account details, or if any of your other personal information changes. Where you instruct us to take payment from a third party, we will ensure you have given us full consent and correct contact details to do so. This may be your care seeker, a local Government Body or NHS organisation, or a third party who manages your financial arrangements on your behalf.

Once we have received your payment, we will pass your payment on to the care giver, minus a collection fee for providing our  services to your care giver.

We will provide you with an invoice on behalf of your care giver, and a  statement setting out the costs that you have incurred for the provision of your care. This statement will set out the care visits that you should have received.  This will take place once we have taken your payment for that period. Please review this statement and make sure that it reflects the care that you have received

If you disagree with the hours that you have received in that period, or the cost charged to you by your care giver, please get in contact with your care giver initially to understand the payment charged. Seakr can then make any necessary changes to the invoices once both parties agree.

All payments for care must be collected by us on behalf of your care giver. If a care giver approaches you to pay them directly, or we find out that you have, or have tried, to pay them directly, we reserve the right to terminate or suspend your account immediately. We also reserve the right to remove them from our care giver community and take appropriate legal action to recover unpaid administration fees owed to us by them.

If you have health insurance, you should check with your insurer that your policy covers the cost of care in your home.

What if you are not happy with the standard of care that has been received?

If you are not happy with the standard of care that has been received or with the care giver we recommend that the care seeker, care recipient discusses this issue with the care giver directly. If the care seeker, care recipient is not comfortable discussing this with the care giver, or if things do not improve, you can speak to your Community Ambassador by getting in contact with us at helpful@seakr.co.uk. We will endeavour to support you to get a resolution to your issues.  Where this is not achievable, you can contact Trading Standards as an independent arbitrator.  We are not obliged to get involved in any disputes between users and it is our absolute discretion what action, if any, we decide to take. We reserve the right to notify any authority or regulator in order to protect the interest of our users.

If you are unhappy with your care giver and instruct us to find you an alternative care giver, we will endeavour to present you with alternative care givers who match your needs, for you to consider.

What do you think of your care arrangement?

As part of our service we want to know how things are going. Our service permits care seekers, care recipients the ability to give feedback on care givers and vice versa. This can be done on our site via our online form, via email to helpful@seakr.co.uk or by calling us. Please note that any feedback that you provide is subject to our Privacy Policy.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure that you understand the terms that apply at that time. The latest version of our terms will always apply to any action you take when using our services and you must ensure that you are happy with then whenever you use our services. These terms were most recently updated on 15.04.2020

We may make changes to our services

We may update and change our services from time to time to reflect changes to the services that we provide, our users’ needs and our business priorities or for any changes in applicable law that affect our provision of our services.  Any of the material on our site may be out of date at any given time, and we make no representation, warranty or guarantee that our services are accurate, complete, up to date or free from errors or omissions.

We may suspend or withdraw our services

Our care seeker services are made available for use free of charge to the care seeker and care recipient. Care givers use our services for free with no charge up to the point of delivery where a collection fee is deducted from the monies collected from the care recipient on behalf of the care giver.

We do not guarantee that our services, or any content on our site, will always be available or be uninterrupted. Our services are provided “as is”. We may suspend, discontinue, change or withdraw or restrict the availability of all or any part of our site or our services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but we won’t be liable if they are not available.

You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

While it is our goal to minimise disruption caused by technical errors, we do not guarantee that our services will operate uninterrupted or error-free, that defects will be periodically corrected or that our site is compatible with your computer, hardware or software.

Please note, where we or you stop your use of our services for any reason, we will retain anonymous data about the use of our services (which may include anonymous data about how you have done so). Personal data will be stored for up to 10 years or as legislation dictates where it will be destroyed or anonymised/aggregated.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You agree to notify us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us via direct communication to the seakr office or within our seakr app.

 

You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and you should inform us immediately by email at helpful@seakr.co.uk if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorised way.

 

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

Non-solicitation

If you are a care seeker, you shall not within 12 months following termination of your written and signed agreement together, contact or engage a seakr care giver for the provision of care or obtaining contact details of a care giver via our service, in any way employ or engage, or offer to employ or engage, any care giver who has been introduced to you by us, whether to perform care or for any other reason, other than via the site and in accordance with these terms, unless following written agreement by us for you to do so

If you came across the care giver independently from the use of our services and were not aware (and could not reasonably be expected to be aware) that the care giver was registered on our platform, the paragraph above shall not apply.

If you are a care giver, you shall not within 12 months after stopping with seakr, gain paid care provision to any care seeker/recipient who has been introduced to you by us, or has been receiving care from a seakr care giver unless following written agreement by us for you to do so.  Any paid care given under these circumstances will be liable for you to make payment to us of the Fee that would otherwise have been payable had you engaged (or been engaged by) the User through Our Service in accordance with the Terms.

Who owns our services

You may access most areas of the site without registering your details with us. Certain areas of the site are only open to you if you register an account with us.

We own or licence all intellectual property rights in our services and the content available through them (such as logos, trademarks, documents, text, photos, videos and code) unless otherwise stated. We reserve all our and our licensors’ rights in relation to them and may transfer our rights and obligations without your permission.

You can print off one copy or download extracts of any pages from our website for your personal use, and can draw attention of others to our content.  You must not modify copies of content you print off or store, and may not disseminate the information (e.g. you must not distribute or make it available on file-sharing networks).

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our services in breach of these terms of use, your right to use our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information that form part of the services

The content of our services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our services.

Although we make reasonable efforts to update the information that form part of our services, we make no representations, warranties or guarantees, whether express or implied, that the content of our services is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our services may include information and materials uploaded by other users of the services. This information and these materials have not been verified or approved by us. The views expressed by other users on our site or as part of the services do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on helpful@seakr.co.uk

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way 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.
  • Except as set out in the paragraph above, our maximum aggregate liability in contract, tort, or otherwise (including liability for any negligent act or omission) arising out of or in connection with the performance of our obligations under these terms in respect of any one or more incidents or occurrences shall be limited to £1000.00
  • We do not guarantee that our services will be secure or free from bugs or viruses. All promises, warranties, representations, conditions and other terms of any kind implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you.
  • Our services are provided “as is” and we have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of or inability to use them; any act or event beyond our control; use of or reliance on any content displayed in them; your failure to follow medical instruction or advice you receive from your general practitioner; your inability to find a match with a care giver, any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data due to your use of them; any content from websites or services linked to from them; any delays or lack of performance of any services purchased or requested by you our care givers (your contract is directly with them and we’re not a party to it); and/or, any care provided by a care giver registered on our site.
  • You acknowledge that where you agree to perform care as a care giver or to receive care from a care giver you will enter into “the agreement” which we shall not be a party to and will have no liability in relation to.
  • We are not able to verify the identity of any user of our services and we are not responsible for any inaccurate information that is provided as part of the services.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our services and our site, or any content on it.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a care recipient, care seeker or care giver

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of the services, you must comply with the content standards set out in our Privacy Policy and business terms.

You warrant (which is effectively a legal promise) that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our services a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Privacy Policy

You are solely responsible for securing and backing up your content.

Rights you are giving us, to use the material you upload

When you upload or post content to our site, you grant the following rights to use that content:

  • you grant us, a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your uploaded or posted content in connection with the services provided by our site across different media, or for the promotion of our services; and
  • you grant other users of the services, our partners or our advertisers a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your uploaded or posted content in connection with the services provided by our site across different media, or for the promotion of our services.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our services, the server on which our services are stored or any server, computer or database connected to our services. You must not attack our services via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

Linking to our site indicates that you accept these terms and legal restrictions and that you will abide by the guidelines set out below. If you do not accept these terms or agree to abide by these guidelines, please do not link to our site.

You may link to or register on our platform only with our written consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Privacy Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact helpful@seakr.co.uk

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

You are not permitted to use any trademarks, registered or otherwise, belonging to seakr, seakr carer or Care Assist Direct without our written, prior approval.

Miscellaneous

If we decide to waive any breach of obligation arising under these terms, then that does not mean that we have waived any other breach or any future breaches.

If at any time any part of the terms are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the terms and the validity, legality and enforceability of the remainder of the terms shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the terms shall not be affected or impaired in any way.

A printed version of the site and these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

These Terms and any document expressly referred to in them represent the entire agreement between us in respect of your use of our services.

 

Copyright © 2020 [Care Assist Direct Limited trading as seakr. Registered Company number 09983736]. All rights reserved.

 

Updated 15th April 2020

01753 373 083