- Caregivers: individuals or agents who use Homiecare to provide in-home care services to Care Seekers individually or through agent care service companies.
- Care Seekers: individuals or entities that patronise or request in-home care services using or through Homiecare.
Table of contents
I. Overview of Service
II. Caregivers’ Eligibility to Use Homiecare; Account Set-Up; and Termination
III. Rules for User Conduct and Use of Services
IV. Disclaimers; Limitations; Waivers; Indemnification
V. Data Policy (Data Collections, Usage, Cookies, Data Sharing and Deletion)
VI. Governing Law and Jurisdiction
VII. Miscellaneous Provisions
I. Overview of Service
- Screening for licenses, qualifying documents, undertake background and criminal records checks of our users. We only engaged Caregivers who possess required documentations, clean criminal records and the necessary experience to provide a chosen care service;
- Electronic verification of users’ locations and addresses and any other information provided in the recruitment and/or registration process;
- Collect users’ personal data including verifiable identification cards in the recruitment and/or registration process;
- Require our Caregivers to provide references and guarantors where applicable to ensure they are traceable in case of emergency or incase our platform is used to commit any form of crime, infringement or violation of rights and/or abuse;
- Provide adequate training and orientation for our Caregivers to equip them with necessary professional competence, enhance their capacity, and other professional standards. We also educate them on Homiecare’s vision, policy and core values, users’ rights and privacy, and other professional and social ethics.
II. Caregivers’ Eligibility to Use Homiecare; Account Set-Up; Termination
1. Caregivers’ Eligibility:
In order for Caregivers to be eligible to use Homiecare, you must meet the following criteria:
- You must be eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use Homiecare;
- You must be permitted to legally work in Ghana;
- You must provide proof of qualification including certificates, licenses, proficiency and experience of performing similar duties elsewhere;
- You must go through our stringent recruitment process, accept our background and verification checks, and possess clean criminal records.
Caregivers registering or using Homiecare, you represent, acknowledge and warrant that you have met the applicable eligibility requirements above, and that you have the capacity and competence to enter into these terms, commit to them, and to offer your services professionally and with compassion.
2. Creating an Account:
You may be required to select a unique user ID and password, provide personal data, and/or other authentication requirements (collectively “Account Credentials”). You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing Homiecare and using our services are authorized to do so. You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access Homiecare or any services of Homiecare under your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any individual or group.
3. Termination of Use or Registration:
Should Homiecare determine that you have violated any terms stated herein, have misrepresented your credentials or identity or your credential status has changed or expired, Homiecare reserves the right to terminate your access to one or all of our services. Homiecare will also have the right or the power to terminate any homecare arrangement in which you are involved. We reserve the rights to do these without notifying you nor giving you the right to appeal.
III. Rules for User Conduct and Use of Services
1. Exclusive Use:
You are responsible for all of your respective activity on Homiecare and use of your accounts. You may not assign or otherwise transfer your account to any other person or entity. As a condition for using Homiecare, you represent and affirm:
- That as a Caregiver, you will not knowingly, willfully, or negligently accept any opportunity presented pursuant to the use of our products and services if such opportunity would require professional credentials you do not possess, or be in violation of any applicable law, ordinance, or duty, contractual or otherwise, that you owe to a third party; and that you are solely responsible for any damages or liabilities arising from this;
- That as a Caregiver, will at all times abide by, and all your conducts in the execution of any services arrangement through Homiecare shall be guided by, our organizational policies including our vision and core values (you are advice to read more about Homiecare’s vision and core values)
- That you will promptly notify Homiecare if any component of your login credentials is lost, stolen, or otherwise compromised. You may do so by sending us an email at firstname.lastname@example.org;
- That you acknowledge that Homiecare relies on the truthfulness of the representations and affirmations of your information provided in determining your eligibility to use Homiecare or provide any services through Homiecare.
- That you will not at any other time engage, reengage or schedule any appointments with any registered users outside the service period agreed through Homiecare, you also agreed that should you need any extension of any existing services you have requested, or any other services on later time or date, you will do so through Homiecare. You agreed to not directly contact any other registered users to make any adjustment to existing services, or request extension of any services, or to reengage on later date or time under any circumstances without doing so through Homiecare.
Should Homiecare finds that you violated these terms, or for any other reason, Homiecare reserves the right, at its sole discretion, to immediately suspend or terminate your access to and/or use of Homiecare or any of its services.
2. Prohibited Uses:
By using Homiecare, you agree that you will not under any circumstances:
- Use Homiecare for any unlawful purpose, or for the promotion of illegal activities or attempt to do same; including but not limited to theft, sexual harassment, defame, blackmail, abuse, invasion of privacy, and other objectionable, offensive or criminal conducts;
- Use another user’s Homiecare account unless you have the legal authority to make decisions on such user’s behalf;
- Provide false or inaccurate information when registering an account on Homiecare, using Homiecare’s products and services, or when communicating with Homiecare or any of its legal representative or agents;
- Attempt to re-register with Homiecare if we have terminated your account, or terminate your registration, and re-register in order to prevent a review from being associated with your account;
- Interfere or attempt to interfere with the proper functioning of Homiecare’s services, including without limitation to the operations of Homiecare;
- Make any automated use of the Homiecare, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to Homiecare or use any software, technology, or device to scrape, spider, or crawl Homiecare or harvest or manipulate data;
- Use the communication systems provided by, or contacts made on Homiecare for any commercial solicitation purposes other than those relating to seeking a care providing referral with Homiecare; or
- Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally, interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt another user’s browser or computer or access to our services.
Should Homiecare finds that you violated these terms, or for any reason, Homiecare reserves the right, at its sole discretion, to immediately suspend or terminate your access and/or use of Homiecare or any of its services.
Further, in order to protect the integrity of Homiecare, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing Homiecare. It shall be a violation of these terms to use any browser or technology which alters, conceals, or hides your IP address.
IV. Disclaimers; Limitations of Liabilities; Indemnification
We work hard to provide the best products and services we can, put in place measures to make Homiecare safe and secure, however, we make no guarantees that they will always safe, secure, error-free, or that they will always function without disruptions, delays, or imperfections.
We do not control or direct what our users do, and we are not responsible or liable for their work, actions, or conducts in the execution of any service engagement, to the extent permitted by law, we disclaim and disassociate ourselves from users inappropriate, offensive or objectionable behaviors or actions or otherwise.
2. Limitation of Liability:
In no event will Homiecare be liable for any indirect, special, incidental, or consequential damages, theft, losses or expenses arising out of or relating to the use or inability to use Homiecare, including without limitation, damages related to any information received from Homiecare, removal of content from Homiecare, including profile information, any email distributed to any user or any linked web use thereof or inability to use by any party, or in connection with any termination or suspension of your subscription or ability to access Homiecare, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Homiecare, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
- By agreeing to these terms, you agree to defend, indemnify, and hold Homiecare, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Homiecare and/or participation in any services, including but not limited to: (1) breach of these terms; (2) violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any other activities in connection with the Homiecare. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- No user has actual or apparent authority to sign agreements on behalf of Homiecare or bind Homiecare into a contract. You hereby agree to indemnify Homiecare against any losses, claims, damages, liabilities or expenses connected with your use of Homiecare and/or any of its services.
- You and Homiecare expressly agree that this is not an employment agreement and does not create an employment relationship between any registered user and Homiecare; and that no joint venture, franchisor-franchisee, partnership relationship is intended or created by this agreement. Registered users have no authority to bind Homiecare, and you undertake not to hold yourself out as an employee or authorized representative of Homiecare.
- You agreed to not engage or reengage any registered users outside the service period agreed through Homiecare, you also agreed that should you need any extension of any services you have requested, or need any other services on later time or date, you will do so through Homiecare and not through any other registered users. You further agreed to indemnify Homiecare from any damages, infractions, infringements, violations or otherwise from any unrecognized extension of time, or any other engagements you arranged with any other registered user outside Homiecare.
- Our Caregivers are independent contractors or agents – they are not employees of Homiecare. We simply enable you to connect with an independent Caregiver to assist you with your domestic needs or tasks. Homiecare do not control or direct what they do, and we are not responsible or liable for their work, actions, or conducts in the execution of any service engagement. You agreed to indemnify Homiecare from any unlawful, indecent, inappropriate, offensive or objectionable conducts of any Caregivers, and you agreed that any such conducts is not a representation of who we are as an organization.
V. Data Policy
When you subscribe to or use Homiecare, we collect your data in connection to our services. It is our responsibility to safeguard the information you entrusted to us, and we are committed to keeping that trust by being transparent with the data we collect, how they are shared and used. Homiecare does not sell or share user personal data with third parties for their direct marketing under any conditions.
1. The Data Collected
Homiecare collects personal data:
- Provided by users to Homiecare, such as during account creation;
- Created during use of our services, such as location, app usage, and device data
- From other sources, such as other users, financial solution providers, and governmental authorities;
The following personal data is collected by or on behalf of Homiecare:
- Data provided by users: We collect data when users create or update their Homiecare accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), relevant documents or licenses and other government identification documents (which may indicate document numbers as well as birth date, gender, and photo). This also includes references’ contact information, user settings, and evidence of health or fitness to provide services using Homiecare. We may use the photos submitted by users to verify their identities, conduct background check and identity verification. In order to verify Caregivers eligibility to provide services through the Homiecare. We may collect information such as criminal record (where permitted by law), verify documents and licenses where applicable.
- Data created during use of our services: We collect users’ precise or approximate location data to enable Homiecare and other users to track and locate where services are requested. We also collect transaction information related to the use of our services, including the type of services requested or provided, service details, payment transaction information including date and time the service was provided, amount charged, and payment method. In some cases, we collect this data through cookies and similar tracking technologies that create and maintain unique identifiers. We may collect data about the devices used to access our services, including the hardware models, device IP address or other unique device identifiers, operating systems and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data (to learn more about these technologies, please read about Cookies policy).
- Data from other sources: We may also receive data from other sources such as government agencies and departments or vendors who help us verify users’ identity, background information. Data may also be obtained from authorities responsible from issuing the documents, licenses, or identity document provided in signing-up on Homiecare. These may include law enforcement officials, public health officials, and other government authorities.
2. Use of Personal Data
Homiecare uses personal data to enable reliable and convenient homecare delivery services. We also use such data to enhance the safety and security of our users and services, for customer support, for research and development, to enable communications between users, to send marketing and non-marketing communications to users, in connection with legal proceedings.
We use personal data we collect:
- To provide our services: Homiecare uses data to provide, personalize, maintain, and improve our services. This includes using data to create/update accounts, request for a service, accept a service request, process payments, track and share the progress of service deliveries, and other related service.
- Safety and security: We use personal data to help maintain the safety, security, and integrity of our services and users. This includes verifying users' identity and eligibility to enhance our services, including through reviews of background checks where permitted by law, to help prevent use of our services by unscrupulous persons to commit crime. We use device, location, user profile, usage, and other data to prevent, detect, and combat fraud. This includes identifying fraudulent accounts or users of our services, preventing use of our services by unauthorized persons, verifying user identities in connection with certain payment methods, and preventing and combating unauthorized access to users’ accounts.
- Customer support: Homiecare uses the information we collect (which may include call recordings) to provide customer support, including to investigate and address user concerns and to monitor and improve our customer support responses and processes.
- Research and development: We may use personal data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more convenient and easy-to-use, enhance the safety and security of our services, and develop new services and features.
- Enabling communications: The data we collect enable Homiecare to communicate with users and/or communication between users under certain circumstances (specifically in the performance of service engagement). This may take the form of calls, texts, emails, or otherwise. We may also use this data for customer support services, for safety and security purposes, and to improve our services and features.
- Marketing: Homiecare may use personal data to market our services to our users. This includes sending users’ communications about Homiecare services, features, promotions, surveys, news, updates, and events. We may do so through various methods, including email, text messages, push notifications, in app communications and ads, and ads on third party platforms.
- Non-marketing communications: Homiecare may use personal data to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Homiecare or its partners.
- Legal proceedings and requirements: We may use personal data to investigate or address claims or disputes relating to use of our services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, or pursuant to legal process or governmental request, including from law enforcement.
- Automated decision-making: We use personal data to make automated decisions relating to use of our services such as matching available Caregivers with users requesting for care services. Users can be matched based on availability, proximity, and other factors such as likelihood to accept posting or preferences. This also helps us to flag users who are identified as having engaged in fraud, unsafe activity, or other activities that may harm Homiecare, its users, and others.
(NB: Homiecare performs the above activities, including the collection and use of data for purposes of these activities, and on the grounds that they are necessary to fulfill our obligations to users, improve our services, and safeguard the safety and security of our users and others.)
3. Cookies and Third-Party Technologies
- Authenticating users.
- Remembering user preferences and settings.
- Determining the popularity of content.
- Delivering and measuring the effectiveness of advertising campaigns.
- Analyzing Homiecare traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services.
(NB: To learn more about these technologies, please read about Cookies policy).
4. Data Sharing and Disclosure
Some of Homiecare’s services and features require that we share personal data with other users or at a user’s request. We may also share such data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
Homiecare may share personal data:
- With other users: We share certain personal data with other users when we match your information with other users when you request or order for a service.
- At the user’s request: Users may request their personal data be shared with third parties to provide services that promote or protect their safety and security.
- Emergency services: We offer features that enable users to share their data with police, fire, and ambulance services in the event of an emergency or after certain incidents or crimes.
- With the general public: Questions or comments from users submitted through public forums such as Homiecare’s social media pages or reviews and contents provided on our public blog on Homiecare may be viewable by the public, including any personal data included in the questions or comments or reviews submitted by a user.
- With Homiecare subsidiaries and affiliates: We share personal data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.
- For legal reasons or in the event of a dispute: Homiecare may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns or to protect Homiecare’s rights or property or the rights, safety, or property of others.
- With consent, Homiecare may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.
5. Data Retention and Deletion:
Homiecare retains users’ data for as long as necessary for the purposes described above. Users may request deletion of their accounts at any time. Homiecare may retain user data after a deletion request due to legal or regulatory requirements or for reasons stated in this policy.
Following an account deletion request, Homiecare deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. However, generally, account information are deleted within 30 days of a deletion request, except where retention is necessary for the above reasons.
VI. Governing Law and Jurisdiction
The invalidity, illegality or unenforceability of any term or provision of these terms shall in no way effect the validity, legality or enforceability of any other term or provision of these terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these terms shall be enforceable as so modified.