Terms & Conditions
Curamcare Ltd (trading subsidiary of Ecare Group Ltd).
Definitions:
“Account holder” means individuals or an incorporated body or charity using the Curam platform to search or advertise for domiciliary care and/ or engage to hire a carer/s and enter into a service agreement with carer/s.
“Care notes” means a feature in the client and the carer app where with the client’s authorisation and if different the care recipient’s permission the carer can start to make relevant and appropriate notes and attach similar photographs to the care note feature.
“Care recipient” means an individual or incorporated body that is receiving care via the Curam Platform. The account holder and the care recipient can be the same person.
“Carer”, “care assistant,” “care worker” and “personal assistant” are all inter-changeable terms used to describe approved carers on the Curam platform.
“Client” is the term used to describe an account holder in the context of their contractual relationship with a carer. “Curam” or the “Curam platform” is a cloud and app-based health tech introductory platform for health and social care provided via the Curamcare Ltd platform.
“Commercial/Institutional account holders” are non-individual account holders such as NHS Trusts, CCGs, UK local authorities, care homes, charities, case management companies, domiciliary care agencies, neutral vendors, employee benefits providers and other third parties who may transact on the platform under different terms and conditions and in particular individual terms of credit.
“CQC” means the Care Quality Commission. www.cqc.co.uk
“Curam Meet Video/ Audio call” refers to the on-platform, in-app call facility available for carers and clients to communicate safely and securely through Curam.
“Ecare Group Ltd” means the holding company of the Curam group of companies.
“Placement fee” means the fee that Curam is entitled to charge any account holder that makes an offer to employ or hire a carer directly i.e., attempts to directly hire a carer off the Curam platform.
“PAYE” means ‘pay as you earn’.
“IR35” IR35 is the United Kingdom's anti-avoidance tax legislation, the intermediaries legislation contained in Chapter 8 of Income Tax Act 2003. The legislation is designed to tax 'disguised' employment at a rate similar to employment.
“Service agreement” is the initial agreement generated between the carer and the account holder on the platform – it is the basic contract between the care worker and the account holder.
“Shift invoice” is the regular (or one-off) invoice created by the care worker via the platform for the approval of and payment by the account holder.
“Vaccine” currently relates to any Covid-19 vaccine (either first or subsequent doses) administered to an approved carer.
1. Terms
1.1 These terms and conditions are available on www.curamcare.com. Our full company name is Curamcare Limited (a fully owned subsidiary of Ecare Group Ltd), our registered company number is 11274500 and our registered address is at Richmond House, Walkern Road, Stevenage, and SG1 3QP. Our main trading address is 18 Ashwin Street, London E8.
Though as a technology platform Curam is not regulated by the Care Quality Commission ‘CQC,’ (Care Inspectorate Scotland) (Care Inspectorate Wales) (RQIA Northern Ireland), we as a group aspire to the fundamental standards of the Care Quality Commission and expect all our employees, sub-contractors, suppliers and approved carers to equally aspire to meet these standards.
Please note that as of 01/02/2024 the Ecare group of companies has acquired Mawii Ltd (now trading as Mawii/CuramCQC Ltd). MawiiCuramCQC now can manage CQC regulated care packages – for further information please email us on info@curamcare.com or telephone during office hours on 01387 730 766.
Please also note that as of 01/02/2024 the Ecare group of companies now includes CuramPAYE Ltd which has been created to enable Curam to service commercial and government clients who require carers to be IR35 compliant – for further information please email us on info@curamcare.com or telephone during office hours on 01387 730 766.
1.2 These terms, together with the other terms and policies referred to in section 1.5 below, govern the basis on which we provide the services available on this internet platform. Please read these terms before using the platform. Please also note access to the Curam platform is a privilege not a right. As a group of companies our core philosophy is that we put the carer and the person they look after at the centre of everything we do. As such we will always do what we think is in the best interest of both carers and care recipients/ clients.
1.3 If you use our platform you agree to be bound by these terms. These terms form a legally binding contract between you and us and govern your use of the platform. If you do anything to breach these terms, we have the right to terminate your account and your right to use the platform with immediate effect.
1.4 We may change the features of our platform from time to time. Also, we may change these terms from time to time. If a revision is material, we nearly always (but are not obliged to) notify you. If you continue to use our platform or receive services from our approved carers after any revisions take effect, then you will be taken to have agreed to the revised terms. These terms were last updated on 20th February 2024.
1.5 In addition to these terms, the following additional terms also apply to your use of our platform (and are, where relevant, incorporated by reference into these terms):
(a) Our privacy and cookies policy plus other additional policies regarding for instance modern slavery or discrimination policies; and
(b) Any additional terms displayed on-screen or accessible via a link on the platform.
1.6 All rights granted to you under these terms will terminate immediately if you are in breach of any of them, at any time.
2. About – the Curam platform
2.1 Curam provides an online platform for approved (primarily) self-employed health care workers and account holder/care recipients to connect with one another and to communicate and arrange home care service agreements between one another:
This is facilitated through providing services, which include;
A searchable online database of approved carers.
A jobs board where account holders can post details of a job opportunity they are looking to fill.
Communication tools (including mobile applications) to facilitate interaction between care workers and account holders and between care workers and fellow care workers.
This includes in platform and app messaging and Curam Meet our secure and safe video/audio call facility.
Payment systems (including Mangopay, Stripe, BACS and pre-paid cards) to enable transactions between account holder/care recipients and approved carers.
Monitoring tools for the platform and account holders/care recipients to monitor care activity and review carers (clients may also be reviewed by carers).
Feedback tools (including those controlled by approved third parties) on care quality and carer reviews.
Mobile apps for both carers and account holders/ clients to enable easier and more secure communications.
Lone worker app safety feature
Care recipient app safety feature
Care worker check-in/ check-out feature
A CQC regulated subsidiary which allows certain care plans to be regulated under CQC regulations see Mawii/CuramCQC Ltd.
A PAYE subsidiary which allows carers to elect to work under IR35 compliant rules meaning they become an employee (on a zero-hours contract) of this Curam subsidiary and will have income tax etc deducted at source. See T&Cs of CuramPAYE Ltd and the associated CuramPAYE Ltd employee handbook for further information.
Care recipient digital healthcare plan (in production).
Care notes feature available on the carer and client app
Third party identification for carers and clients by verification partners such as Mitek.
2.2 Platform provision
Curam is an introductory platform. Curam provides an online multi-faceted marketplace to facilitate the process of finding and hiring care professionals and to provide a secure means for handling payments. It also markets and introduces carers to account holders. Curam does not directly supply carers to account holder/care recipients except via its subsidiary CuramPAYE Ltd. For the avoidance of all doubt Curam does not employ carer workers (through Curamcare Ltd), nor does Curam act as an employment agency or care agency (except through its other subsidiaries CuramPAYE Ltd or Mawii/CuramCQC Ltd. As such, Curam is not permitted to make changes to a care recipient’s care plan, provide rotas or effect control over the delivery of care. For the avoidance of doubt this is always the responsibility of the account holder. We operate what we call a ‘self-managed model of care’ via Curamcare Ltd which again for the avoidance of doubt is the default contracting subsidiary of the Ecare Group unless specifically stated to the contrary by Curam.
2.3 Managed care
For further avoidance of doubt Curam (except through its subsidiary Mawii Ltd t/a CuramCQC) does not provide or arrange for domiciliary care services or participate in the interaction between carer clients and account holders, except to make introductions and provide technology to facilitate the interaction, as well as managing the processing of payments on behalf of customers to carer clients.
Neither does it involve itself in the terms of use between customers and carer clients or the regulation of their engagement with each other except to ensure certain minimum rates of pay are maintained by account holders on the platform i.e., that all carers on the platform charge at least the Living Wage (after Curam’s platform fees and VAT if applicable) for all daytime hourly shifts.
A carer on the Curam platform solely decides whether to accept an offer from an account holder to provide domiciliary care services for any of the group’s trading subsidiaries. The account holder/care recipient solely decides whether to engage a carer to provide domiciliary care services. The service agreement created by the carer at the start of an assignment and accepted by the account holder is a legal contract between each of these parties. Any subsequent associated shift invoices are from the carer to the account holder and their creation by the carer is merely facilitated by the platform software.
2.4 Platform constraints & waivers
The Curam platform is used at the account holder’s/care recipient’s and approved carer’s own risk and there is no guarantee that the platform will work optimally, not be subject to downtime, or removed from service at any point in time. Curam does not accept any liability for losses or damages caused by the unavailability of the service, technical errors, usage errors or use of the platform outside of the intended purpose. Curam disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the use if the online tools it provides, the engagement of carers or the provision of care services by carers. Curam provides a range of carer and client safety features such as the carer safety feature and the client safety feature which involves activating an alarm system to nominated third parties. Curam disclaims any liability or responsibility for any faults or problems associated with the workings (or failures to work) of these software-based features.
2.5 Communications and video/audio calls
You agree that our apps, email, in-platform video/audio calls, WhatsApp and SMS will be the official means of communication with the Curam platform. We may occasionally use other messaging services or internal messaging to account holders via the platform.
As a business we take the welfare of all users of the platform as our number one priority. As such we reserve the right to monitor all, and every communication(s) transmitted via the Curam platform. For clarity this involves recording and scanning using various artificial intelligence and in person all video/ audio calls through the platform. For safeguarding and training purposes we hold these recordings for a period of up to a minimum of 30 days.
To maintain high levels of carer response times and overall quality control Curam may from time to time make use of a ‘mystery shopper’ to gauge carer response times and overall quality levels of client interaction. We also monitor all messaging on the site both manually and by using artificial intelligence. By agreeing to these terms & conditions you explicitly agree to a Curam ‘mystery shopper’ having the right to contact you on an ad hoc basis and the right of Curam to have oversight over all messaging on the platform. As a company policy we also believe in providing legitimate law enforcement with as much material help as is necessary if they are investigating a crime or allegations of malpractice. This includes giving them access to all or any relevant communications data we may hold.
2.6 As part of Curam’s video/ audio call in platform messaging feature care workers who are currently ‘live’ on their profiles will have their status indicated by a green ‘Live’ button. This will allow potential clients to message and arrange a call with Curam carers in real time. A decision to accept this request is entirely at the discretion of the Curam carer.
3. The platform
3.1 Vetting and background checking of carers Curam make every reasonable effort to check the identity and information provided by carers. This includes visual and online checks of passports/Identity cards to confirm identity and right to live and work in the UK, including stated qualifications and training certificates where available, DBS (PVG, Scotland) (NI Access, Northern Ireland) checking, national insurance number and UTR number (if already issued).
Although Curam carries out these checks and makes a verification video call to every carer who is allowed on the platform, Curam is not responsible for, nor has it control over the quality, timing, legality, reliability, responsibility, integrity or suitability of the self-employed carers listed on the platform. Curam strenuously recommends that account holder/care recipient carry out their own assessment of a carer’s suitability before engaging into a service agreement with them by interviewing carers.
And in particular:
By verifying in person, a carers identity via photographic ID.
By requesting proof of experience, training, qualifications, authorisations and suitability for the position they are applying for.
By following up on references (at Curam’s or the carer’s discretion) of carers by telephone or email with their referees.
3.2 Insurance cover
Carers working through the Curam platform are covered by self-employed carer’s insurance. Policy details of which are available from the Curam head office on info@curamcare.com. We recommend that account holders/care recipients should check if their own insurance also covers carers working in their home.
For the avoidance of doubt any transaction between an account holder and a care worker that occurs off-platform is not covered by this self-employed carers’ insurance policy and is also extremely likely to result in the removal of both the account holder and the carer.
3.3 Account holder/care recipient/ carer code of conduct
No user of the Curam platform may discriminate against a health care worker or a client or account holder based on colour, nationality, creed, disability, sex or any other potential source of discrimination. In addition, you represent and warrant that you if you are a carer or you and every member of your household if you are a client have never been the subject of a complaint, restraining order or any other legal action involved with being arrested for, charged with, or convicted of any criminal offence that involves endangering the safety of others, through either dishonesty or negligence, and are not nor have ever been on the sex offenders register or other similar list. As a group of companies, we have a zero tolerance for rude or unpleasant activity from any stakeholder be they a care worker, client, care recipient or any other third party. We expect the highest standards of politeness and helpfulness from our staff and in return we expect them to be equally treated with politeness and respect.
4. Paying for care
4.1 When a client enters into a service agreement with a carer on the Curam platform they agree on the accompanying shift invoice to pay the hourly, daily, weekly or nightly rate stated in the contract for the service that they have agreed to receive. The carer rate is agreed by the client and the care worker. Curam’s fees of 10% + VAT (12%) will be added to this rate. If the care has been delivered, then it must be paid for. VAT is only applicable to Curam’s fees. Curam reserves the right to alter its fee structure at any time which may include charging carers and clients. Curam may also charge different fee rates and service charges as necessary. Please note that this is particularly the case when it comes to pricing in other group trading subsidiaries. In the case of CuramPAYE Ltd service agreements are replaced by time shifts and it’s contracting parties are subject to pre-arranged client fees.
5. Legal Contract
5.1 Once a client has accepted the service agreement set up by the carer, they are bound by the terms of that agreement. After the initial service agreement with the care, they will receive either a one-off or regular shift-invoices via the platform depending on what payment terms they have agreed with the care worker. The value of one shift-invoice will be deducted from their credit/debit card or bank account in advance for the agreement to be active. For commercial/institutional clients and some local authority funded clients please contact the Curam head office on accounts@curamcare.com for details on our commercial/ local authority/ NHS trust client accounts.
For ongoing care, the value of each subsequent shift invoice will be deducted from a credit/debit card/bank account on the client’s authorisation. Clients must negotiate with their carer regarding any deviations from the service agreement terms for example time off for holiday, illness or personal circumstances. Curam can offer no mediation or intervention regarding perceived non-compliance with the service agreement except return of funds for non-completed but paid for shift/invoices. If for any reason a shift invoice is only partially completed then it is the responsibility of the carer to cancel, reissue or edit a new shift invoice that reflects the hours or days worked. Curam will of course help and enable this to happen.
6. User conduct and disputes
6.1 Any agreements are legally binding agreements between the account holder/care recipient and the carer. Curam are not party to any agreement, and we cannot arbitrate or mediate if there is an alleged breach of contract. Any issues should be resolved directly between account holder/care recipient and the carer. Curam does not accept any liability for claims, demands or direct or indirect damages arising from disputes between account holder/care recipient and carers.
6.2 At Curam we rate the safety and well-being of our carer and their care recipients as our number one priority. Any formal complaint we receive directly to Curam, from either a carer, client or account holder of a serious nature will be immediately investigated.
Depending on the severity of the allegation and its nature Curam reserves the right to immediately inform the police or social services of any complaint or concern that we may become aware of.
We also reserve the right to immediately remove any carer, account holder, care recipient from the platform whilst we investigate any complaint or allegation. We also reserve the right to inform other account holders if an allegation, complaint or investigation pertaining to their care worker is occurring or on going.
6.3 You may only book care services for yourself or for someone for whom you have authority to do so (including the authorisation of service agreements and payment of invoices). You will remain bound by these terms and are responsible for all acts and omissions of the person receiving the care (if it is not you). 6.4 We will close the account of any carer who is found to be misusing illegal substances or alcohol whilst assisting a Curam client.
7. Issues with care services
Many clients provide the platform with feedback on carers, and carers may provide feedback regarding clients or the care recipients changing care needs to ensure that you/ they are receiving appropriate care, in some cases including via any portal we provide through the platform such as a care plan on the Curam app for instance. Carers and account holders may also provide feedback via third parties such as Doctify or Trustpilot.
If clients or carers have any complaints about any aspect of the platform, our services or staff or any other user of the platform please email complaintsandsuggestions@curamcare.com.
8. Your account
8.1 To register an account and use the platform, if you are an individual, you must be at least 18 years old. If you are registering as a carer, you must be at least 21 years old and have two years of care experience in the UK. We are not obliged to accept any registration request and absolutely reserve the right without any explanation to refuse any registration request and or cancel any authorised accounts without notice. You also agree not to register more than one account per person or corporate entity.
8.2 Upon registration we may ask for the following information:
(a) Your personal information name, age, home address, email address and phone number(s).
(b) The type of care required
(c) Details of who the care is for, and if this is not you then confirmation that you have their authority to arrange the care services, authorise service agreements and make payments on their behalf.
(d) Payment information and
(e) and in the case of carers copies of ID documents including passports, national insurance and UTR numbers, copies of DBS, PVG etc and evidence of qualifications and trade body memberships
(f) How you are funding your care?
(g) Any other information we think we should know about you, or which is requested by us.
8.3 You must ensure the information in your account is accurate, up to date, and kept always updated (which you may do through the platform).
8.4 Both clients and carers can close their accounts via the app in the settings menu or on the ‘My Profile’ section via the website.
Payments and Curam fees
9.1 The contracted charges for care-services provided via the platform to you (if you are a private user) are payable in advance against a shift/invoice created by a care worker on an agreed basis (and the platform will automatically charge your credit/debit card where you have provided one). You undertake not to pay the carer other than via the platform. Payment of cash or any other payment to a carer (except for valid expenses) is never allowed, it negates both the carer and the client’s insurance and is likely to result in the removal of both the carer and the client.
9.2 Payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorise payment for any reason. Please note it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
9.3 You, if you are a client or account holder:
(a) Undertake not to make payment to a carer directly or make any payment other than via our payment provider.
(b) Undertake not to enter into any direct agreement with any carers that seeks to avoid the payment of our fees (and its associated carer insurance) or to receive care services from care workers we have introduced to them other than via the platform (including after they have ceased using the platform) and
(c) Acknowledge that any breach of this section may result in the immediate termination of their account and right to use the platform.
(d) Furthermore, if an account holder does choose to directly engage a carer introduced to them by the Curam Platform (i.e., bypassing the Curam platform) on any basis either as a direct employee, self-employed contractor, through a limited company or LLP then the account holder shall be liable for the Curam placement fee of £2,200 + VAT per carer. This is payable within 5 working days of us discovering that a care worker has been procured off the site by the account holder plus the reasonable administration costs of the recouping of the placement fee plus interest of 10% on the debt if payment is delayed.
(e) Acknowledge that, should a carer provide you with a Service Agreement for care provided, you will approve via the Curam platform. Refusal to approve a Service Agreement will result in the closure of your account.
Care rates are always set by the carer and contractually agreed by the account holder.
If a carer is subsequently discovered to have contracted with a client ‘off’ the platform, Curam reserves the right to both charge that carer for the full value of the fees unpaid and to remove that carer from the platform entirely at the company’s discretion.
Curam currently charges clients a 10% fee + VAT. This includes access to the platform and app features, all insurance and credit/debit card charges.
Curam also charges a 12.5% fee plus VAT to transacting carers. This includes access to the platform and app, insurance, guaranteed payments*, sick pay* plus other benefits, free training, marketing to clients. This fee is included in the carer’s rate.
*Sick pay and guaranteed payments are subject to certain conditions. Email info@curamcare.com for further information.
Curam reserves the right to alter the terms of its fee structure at any time. Any new fee rates will come into effect immediately or on the date specified by Curam. Any changes in the fee structure will be notified to both the carer client and care worker by email or SMS.
Curam reserves the right to invoice some account holders separately for its fees and or to charge different account holders different fee rates.
9.4 VAT
Under current UK VAT law neither Curam nor the carers charge VAT on the service provided by self-employed carers/carer companies to their clients. We are however obliged to charge VAT of 20% on our fees.
9.5 Local Authority/NHS Funding – Personal Budgets.
If you or your client are paying via local authority or NHS funds or have a personal budget funded by either your local authority or the NHS, you may not be charged the Curam client 10% fee + VAT, please email info@curamcare.com for further information.
9.6 Shadow shifts
On occasion a shadow shift is requested before agreeing to hire a carer via the Curam platform. Carers must create a Service Agreement and Invoice for shadow shifts. This is for insurance & safeguarding purposes.
10. Cancellations and refunds
10.1 Cancellations
We ask and require all account holders to give at least 48-hours’ notice of any cancellation of a shift on the platform to their contracted care worker. It is standard for care workers on the platform to insist that all cancellations made within the 48-hour period will be subject to the full hourly rate for care contracted in that 48-hour period. This however is at the total discretion of the approved carer.
10.2 Refunds
In general, Curam does not provide credits or refunds on behalf of Curam approved carers for cancellations.
10.3 Refunds after 48-hour period from end of shift.
Any refunds agreed between a carer and a client, after the payment has been released to the carer, must be dealt with as a direct transaction between the client and carer. Our fee will not be returned (due to the administrative and transaction costs incurred by Curam) once a payment has been released to the carer.
11. Data protection and privacy
Curam processes personal data in accordance with the Data Protection Act 1998 and GDPR 2018 and recognizes the importance of the correct and lawful treatment of personal data. This personal data, whether it is held on paper, on computer or other media, will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
We use and store personal information in several separate ways for the purposes of satisfying operational and legal obligations. We have a set of internal policies and procedures and a range of guidance to make sure we comply with the law.
Carer clients, account holders/care recipients, employees and other subjects of personal data held by Curam have the right to request access to any of their personal data. Curam fully endorses and adheres to the eight principles of the Data Protection Act.
When working with personal information Curam endeavours to only share it with platform members or authorised third parties. Curam does reserve the right to anonymise certain healthcare data generated by the platform or the Curam apps. Curam also reserve the right to share or sell this anonymised health data to responsible partners such as pharmaceutical or research and development partners.
Regarding the care note feature in the client and carer app this feature is requested by the client (with the care recipient’s permission if they are different) at the time of the approval of the relevant service agreement. The carer agrees to use this feature as directed by the client. The client can also grant access to friends and family members to the care note feature by encouraging them to download the Curam client app and granting them access to the care note feature and importantly the care recipient data contained within. Please also not that by granting the carer access to the care recipient you also grant the Curam admin team visual oversight of this data. The data will never be shared with third parties - except in exceptional cases with appropriate law enforcement entities. For any further information on our care note feature then please see out ‘Privacy policy’ or email us on info@curamcare.com
12. Access to the Platform
12.1 You may only use the platform to contract with carers for care and only in accordance with these terms.
12.2 We cannot guarantee the continuous, uninterrupted or error-free operation of the platform. We may modify or suspend (including for maintenance) the platform at any time.
13. Platform rules
13.1 You may only use the platform to search for and engage care services for which you have a genuine need, and not for any other kinds of service. We reserve the right to report any illegal acts to the authorities.
13.2 You must not create links to the platform from any other website, without our prior written consent, ‘scrape’ content from the platform or create an electronic database by systematically downloading and storing any or all of the content of the platform, remove or change any content of the platform or attempt to circumvent security or interfere with the proper working of the platform.
13.3 You must only use the platform and anything available from the platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our associates or partners.
13.4 Any lewd or inappropriate messaging on the platform by either a carer or an account holder/ client will result in immediate removal from the platform.
14. Intellectual property rights and confidentiality
14.1 All intellectual property rights in the platform and in any content on the platform (including text, graphics, software, photographs and other images, videos, sound, trademarks, algorithms and logos) are owned by Ecare Group Limited, the parent company of Curamcare Ltd, CuramCQC Ltd, CuramPAYE Ltd and Curam.io Ltd (it’s other trading subsidiaries). You acknowledge that you do not acquire any ownership rights in any of our intellectual property by accessing or downloading content from the platform.
14.2 We will keep all individual information about you confidential save for sharing it where appropriate with approved carers or as otherwise required by applicable law, and we will ensure (as best we can) that carers keep it confidential and only use it for the purposes of providing care services to you.
14.3 You must keep all information you receive about the platform, and us and about clients or carers or their affairs confidential always (including any information you receive or access at bookings).
15. Platform content
15.1 In respect of content on the platform, whilst we try to make sure it is correct, we cannot guarantee it is accurate or up to date. We have no responsibility for content from any other user.
15.2 We give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the platform or its associated apps or relying on any of its contents or features.
15.3 We cannot and do not guarantee that any content of the platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate anti-virus and other security checks.
16. Choosing a carer
16.1 By registering and using the Curam platform as a person seeking care you agree that is your responsibility to select an appropriate carer for yourself, your family member, any friend/associate or any other person you are acting for. The Curam platform can help you with the choice of a qualified and vetted carer, however Curam will not select a carer for you and the final choice always remains with you.
16.2 Regarding any feedback or reviews on the platform or approved carers (including but not only Doctify/ Trustpilot reviews), you must:
(a) Submit it in good faith and honest belief at all times.
(b) Not submit any feedback that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
(c) Not submit any feedback that contains any viruses and/or other code that has contaminating or destructive elements; and/or
(d) Not impersonate, or misrepresent an affiliation with, any person or entity
16.3 You agree that, by submitting any feedback, you grant our affiliates and us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use such feedback for the purposes of operating and promoting the platform or for reporting any criminal acts.
17. Platform Links
17.1 The platform may include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.
18. Liability
Responsibility for contract acceptance
You acknowledge that the decision to enter a contract with an approved carer is your sole responsibility and that Curam gives no warranty as to the suitability, experience, history or character of any approved carer, nor does Curam give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the approved carer.
19. Platform risks and carer and client safety
19.1 You agree that you understand the risks involved in participating in an introductory agency service and you hereby wave any rights to claims for damages from Curam in relation to the service.
19.2 That said at Curam client and carer safety, and well-being are our number one priority. Thus, we are constantly updating the technology on our platform to improve the safety and security of all relationships, contracts and financial exchanges. These updates and features include but are not exclusively the following.
(a) The use of carer (and if appropriate client) identity data with third party verifiers such as our current verification partner Mitek to confirm individuals (and corporations) are who they claim to be
(b) verification of clients (and in some cases carers) mobile telephone numbers and emails via email verification or one time password (OTP) confirmation
(c) The retention of all appropriate data including platform messaging, emails, WhatsApp’s, and recorded voice calls that Curam deems necessary and appropriate to ensure the highest levels possible of client and carer security
(d) The insistence by Curam of carers creating an ‘introductory meeting’ record via their app which records any pre-contract meeting with a client for the purposes of an interview or discussion. Creation of this meeting note ensures that both parties are insured at the meeting and failure to produce one, by a carer meeting a client in person, may be grounds for removal of the carer from the platform.
(e) Lone worker safety features (and in the future vulnerable care recipients features) on the Curam apps. These features involve a series of alarm functions that can warn nominated third parties of either carers or clients and care recipients if there are grounds for concern or alarm. These features are bespoke to Curam and are constantly being updated and are provided free of charge to all app users. Please note Ecare Group Ltd and its relevant subsidiaries take absolutely no responsibility for the reliability, usability or any other aspect of these features.
Users use them entirely at their own risk and discretion.
20. Breaches of Curam terms and conditions
You agree to indemnify and hold Curam harmless from any claim or demand brought against Curam because of you breaching these terms and conditions.
21. Liability cap
21.1 You acknowledge that Curam’s total liability to you whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Curam derived from you via the Curam Platform service for a maximum period of 1 year.
For the avoidance of doubt any care worker hired through the Curam platform is liable themselves for all acts or omissions in the provision of home care services.
21.2 Nothing in these client and care assistant terms shall exclude or limit our liability to you:
(a) For death or personal injury caused by our negligence.
(b) For fraudulent misrepresentation or
(c) For any other liability that may not, under applicable law, be excluded or limited.
21.3 Subject to section 14.1, we shall not be liable to you (whether such liability arises because of a breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage that arises because of:
(a) Any circumstance for which you are at fault or
(b) Any circumstance which we cannot reasonably be expected to control.
21.4 You agree to fully indemnify us on demand against all losses we incur or suffer arising because of or in connection with:
(a) Any breach of sections 6.2, 8.3, 9.1, 13 or 16.2; and/or
(b) Any claims brought against us by any carer that is based on any breach (or allegation of any breach) of these client terms by you or vice versa, or any criminal act or omission on your behalf.
21.5 We will treat all use of the platform under your login details as use by you. You are responsible for protecting your account login details and password and we will not be held liable for any loss or damage that may result from your failure to do so. If you forget or wish to change your password or email address, then email info@curamcare.com for details of how to change these login details.
22. General
22.1 Subject to 21.2, these account holder/ client/ care worker terms and any other terms expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.
22.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, if we notify you that we have done so. You may not sub-license or assign any of the rights or obligations under these account holder terms.
22.3 If we fail to enforce, or delay in enforcing, any of our rights under these account holder terms, that does not result in a waiver of the rights concerned.22.4 If any provision of these account holder terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
22.5 No terms are enforceable under the contracts (rights of third parties) Act 1999 by a person who is not a party to the agreement between us.
22.6 All notices given by you to us or vice-versa must be given by email or in writing to the address set out below. We may give notice to you at either the email or postal address you provide to us when registering.
22.7 These client terms are governed by English law.
23. Vaccinations
Specifically, Covid 19 vaccinations. Curam’s policy regarding Covid vaccinations is that it is entirely the choice of carers and their clients as to whether they feel it appropriate to have a Covid vaccination. That said it is our company policy to help all carers on the platform gain access to the vaccine and to enable clients to see whether a carer has had a Covid vaccination and for carers to demonstrate they have had it.
23.1 Curam checks all carers vaccination certificates and stores them on our private database. We then mark their profile as vaccinated with the date of vaccination.
23.2 On a carer being removed from the platform or requesting to leave the platform all vaccination details are immediately deleted.
24. Contacting us
Please submit any questions you have about these client terms or any issues concerning our platform and its use to us by emailing info@curamcare.com
25. These terms and conditions (T&Cs) are specifically for account holders and approved care assistant/workers. For T&Cs for institutional/ commercial clients please contact the Curam office on info@curamcare.com
Updated 20th Feb 2024
