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Terms & Conditions

Terms & Conditions

Curamcare Ltd – account holder/ care recipient – Terms and Conditions

Definitions:

“Account holder” means individuals using the Curam platform to search or advertise for home care, engage with a carer/s and enter into a service agreement with carer/s.

“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 terms used to describe approved care assistants 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, local authorities, care homes, care agencies and other third parties who may transact on the platform under differing terms and conditions and in particular individual terms of credit.

“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.

“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 1st or second dose) administered to an approved carer on the platform.

1. Terms

1.1 These terms and conditions are available on www.curamcare.com . Our full company name is Curamcare Limited, 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) (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.

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.

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 may (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 17th March 2021.

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; 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 in the event that you are in breach of any of them.

2. About – the Curam platform

2.1 Curam provides an online platform for approved 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 self-employed approved carers.
A jobs board where account holders can post details of a job opportunity.
Communication tools (including mobile applications) to facilitate interaction between care workers and account holders and also between care workers and fellow care workers.
Payment systems (including Mangopay, Stripe, BACS and pre-paid cards) to enable transactions between account holder/care recipients and self-employed approved carers.
Monitoring tools for account holders/care recipients to monitor care activity and review 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.

2.2 Platform provision
Curam is an introductory agency. Curam provides an online marketplace to facilitate the process of finding domiciliary care 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. For the avoidance of all doubt Curam does not employ carer workers, nor does Curam act as an employment agency or care agency. As such, Curam is not permitted to make changes to a care recipient’s care plan, provide rota’s 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’.

2.3 For further avoidance of doubt Curam does not:
For further avoidance of doubt Curam 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 London 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. 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

The Curam platform is used at the account holder’s/care recipient’s and self-employed 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.

2.5 Communications

You agree that our apps, email and SMS will be the official means of communication with the Curam platform. We may occasionally use other messaging services such as WhatsApp 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 communications transmitted via the Curam platform. In order to maintain high levels of carer response times Curam may from time to time make use of a ‘mystery shopper’ to gauge carer response times and general 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.

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 N.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 (ideally in person).
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 likely to result in the removal of both the account holder and the carer.

3.3 Account holder/care recipient/ carer code of conduct

You must not discriminate against a health care worker or a client or account holder on the basis of colour, nationality, 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.

4. Paying for care

4.1 When you enter into a service agreement with a carer on the Curam platform you agree on the accompanying shift invoice to pay the hourly, daily, weekly or nightly rate stated in the contract for the service that you have agreed to receive. This rate is agreed between you and the care worker. If the care has been delivered, then it must be paid for. The stated rate on a carer’s profile includes all Curam’s fees and includes VAT on the Curam fees but not on the carer’s net rates.

5. Legal Contract

5.1 Once you have accepted the service agreement set up by the carer, you are bound by the terms of that agreement. Subsequent to your initial service agreement with your carer you will receive either a one-off or regular shift-invoices via the platform depending on what payment terms you have agreed with the care worker. The value of one shift-invoice will be deducted from your 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 client accounts.
For ongoing care, the value of each subsequent shift invoice will be deducted from your credit/debit card/bank account on your authorisation. You must negotiate with the self-employed 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 actually worked.

6. User conduct and disputes

6.1 Any agreements are legally binding agreements between the account holder/care recipient and the carer client. 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 clients 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. 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).

7. Issues with care services

You may provide the platform with feedback on carers, and carers may provide feedback regarding you 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 Trustpilot.

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. We are not obliged to accept any particular registration request and absolutely reserve the right without 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

(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) Any other information we think we should know about you or which is reasonably requested by us.

8.3 You must ensure the information in your account is accurate, up to date, and kept updated at all times (which you may do through the platform).

9. 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.

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 you to, other than via the platform (including after you have ceased using the platform); and

(c) Acknowledge that any breach of this section may result in the immediate termination of your 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 Curamcare placement fee of £2,000 + 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.

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 a 12.5% fee plus VAT (which includes any relevant insurance, credit/debit card charges, marketing and accountancy support for carers) included in the carer client rate. This commission is already included in the rate stated on each carer’s profile on the Curam Platform.

Curam reserves the right to alter the terms of its commission structure at any time. Any new commissions will come into effect immediately or on the date specified by Curam. Any changes in the commission 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 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 to the carers.

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 must inform Curam before creating or accepting any contracts, so that appropriate payment mechanisms can be put in place. Please email our head office on accounts@curamcare.com for further details and instructions.

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
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 a number of different 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.

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 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 and logos) are owned by Ecare Group Limited, the parent company of Curamcare Ltd and Curam.io Ltd. 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 carers or their affairs confidential at all times (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 relying on any of its content.

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 on the platform or approved carers (including but not only 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 into 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

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.

20. Breaches of Curam terms and conditions

You agree to indemnify and hold Curam harmless from any claim or demand brought against Curam as a result 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 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 as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage that arises as a result 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 as a result 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 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 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, provided that 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 with regard to Covid vaccinations is that it is entirely the choice of carer’s 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 self-employed care workers. For T&Cs for institutional/ commercial clients please contact the Curam office on info@curamcare.com.

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