OnCare Terms of Service

Last updated - 6th June 2017

  1. 1. WHO WE ARE

    We are OnCare Technologies Limited (OnCare) incorporated in England with company number 10676253, with registered office at Founders Factory, Northcliffe House, Young St, London W8 5EH.

    How to contact us

    You can contact us by:

    How we may contact you

    If we need to contact you, we may do so using the telephone number and/or the email address provided by you as part of your profile when you signed up for a user account. Please keep your profile up to date.

  2. 2. KEY TERMS

    OnCare provides an online platform that connects care agencies, care workers and clients which allows:

    • care workers to report on their visits with each client
    • care agencies to see all reports and manage care worker and client connections
    • if authorised by the client, friends and family of the client to receive updates on each visit

    (collectively, the Service)

    The Service is accessible at www.weareoncare.com and any other websites through which OnCare makes the Service available (collectively, the Site) [and as applications for mobile, tablet and other smart devices and computer applications (collectively, the Application)].

    OnCare does not provide any health or social care services and is not subject to regulation by the Care Quality Commission or any other body regulating health or social care services.

    Agency means a legal entity that provides care services via individual care workers.

    Agency Staff Account means an account created on OnCare by an Agency.

    Care Worker means an individual providing care services to Clients coordinated by an Agency. A Care Worker will be provided with an account (a Care Worker Account) by their Agency.

    Client means an individual receiving care services from an Agency.

    Client Account means an account created on OnCare on behalf of a Client to whom an Agency are providing or coordinating care services.

    Friends and Family means friends, family or other approved third parties to a Client who are given permission to review Care Visit Reports created by Care Workers (a Friends and Family Account).

    Care Visit Report means a report created by a Care Worker related to a specific Client visit.

  3. 3. TERMS OF SERVICE

    By using the Site, Application or Service, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (Terms), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Service and constitute a binding legal agreement between you and OnCare. Please also read carefully our Privacy Policy at http://www.weareoncare.com/privacy/.

    In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Service) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, or Services the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, or Service.

    If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Service. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

  4. 4. MODIFICATION

    We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Service. Your continued use of the Site, Application, or Services after any modification constitutes your acceptance of the new Terms. It is your responsibility to regularly check Site and/or Application to determine if there have been changes to these Terms and to review those changes.

  5. 5. SUSPENSION AND WITHDRAWAL

    We make all reasonable endeavours to ensure that our Site, Application and Service are available on an uninterrupted basis but we do not guarantee this. On occasions it may be necessary for us to suspend or withdraw or restrict the availability of all or any part of our Site, Application or Service for business and operational reasons (these may, for example, include for maintenance, upgrades or security reasons). We will try to give you reasonable notice of any suspension or withdrawal and use all reasonable endeavours to minimise the period when our Site, Application or Service is not available.

  6. 6. KEEPING YOUR ACCOUNT DETAILS SAFE

    You must treat any user identification code, password or any other piece of information used as part of our security procedures confidential. You must keep this information safe and not give it to any other person.

    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we believe you have failed to comply with any of the provisions of these Terms.

    If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@weareoncare.com or by calling us on +44 (0) 20 3905 5840

  7. 7. ELIGIBILITY

    The Site, Application and Service are intended for use by an Agency, Agency Staff, Care Workers, Clients and subject to Client authorisation Friends and Family. In addition, the Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

  8. 8. HOW THE SITE, APPLICATION AND SERVICE WORK

    If you have created an Agency Staff Account with OnCare, you will be provided with access rights to:

    • Invite your fellow Agency Staff members to use OnCare.
    • Create Client Accounts.
    • Invite Care Workers to use OnCare and manage which Client Accounts each Care Worker can access.
    • Invite Friends and Family to join the Client’s account.
    • Remove Agency Staff who are no longer employed by the Agency.
    • Remove Client Accounts when the Clients are no longer receiving care or care-related services from the Agency.
    • Remove Friends and Family Accounts when the Client requests that the Friend or Family member no longer have access to their Care Visit Reports.

    If you have created a Care Worker Account with OnCare, you will be provided with access rights to:

    • View the Client Account of all Clients that the Agency have connected you with.
    • Leave Care Visit Reports against each of the Clients that the Agency have connected you with.
    • Include notes within each Care Visit Report, against each category of activity, or as a summary of the visit.
    • View Care Visit Reports from other Care Workers that have visited those Clients that the Agency Staff have connected you with.

    If you have created a Friends and Family Account with OnCare, you will be provided with access rights to:

    • View and comment on the Client Account of all Clients you are associated with.
    • Receive notifications every time a Care Worker visits any Client you are associated with.
    • View Care Visit Reports from any care worker that has visited a Client you are associated with.
  9. 9. CONTENT STANDARDS AND MONITORING

    There is no restriction or guidance on the content of Care Worker notes within a Care Visit Report. Care Visit Report notes represent subjective opinions of Care Workers. OnCare is not responsible for the content of Care Visit Reports provided by Care Workers and that content is made available without any guarantees, conditions or warranties as to its accuracy.

    Types of content

    Any Agency using OnCare acknowledges they will adhere and procure that any other users to whom they provide account access adhere to their own policies, guidelines, and procedures concerning the creation and sharing of Care Visit Reports as if they also applied to the Service.

    Any Agency using OnCare acknowledges that OnCare has no obligation to pre­screen Care Visit Reports or any other use of the Service.

    OnCare may, but is not obligated to, monitor or review use of the Service. Although OnCare does not generally monitor user activity occurring in connection with any use of OnCare, if OnCare becomes aware of any possible violations by you of any provision of the Terms, OnCare reserves the right to investigate such violations.

    User standards

    Agencies are responsible for use of the Service by Care Workers, including but not limited to provision of technology, internet access, and training.

    Users of the Service are solely responsible for interactions with other users of the Service and any other parties with whom they interact through the Service; provided, however, that OnCare reserves the right, but has no obligation, to intercede in such interactions. Users agree that OnCare will not be responsible for any liability incurred as the result of such interactions.

    OnCare is not responsible for and does not control use of the Service. OnCare has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to use of the Service.

    We do not monitor the content of Care Visit Reports nor do we process any personal data contained in Care Visit Reports other than for the purpose of providing the Service except that we may process aggregated and anonymised data contained in Care Visit Reports for the purpose of optimising the Site, Application and Service and improving the user experience, for example by providing Care Workers with the facility to include frequently used phrases in Care Visit Reports using short keys.

  10. 10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

    Whether you are a consumer or a business user:

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    If you are a business user:

    We exclude all implied conditions, warranties, representations or other terms that may apply to the Site (or any content on it), Application or Service.

    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our Site, Application or Service; or
    • use of or reliance on any content to which you have access on our Site.

    In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

    If you are a consumer user:

    You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  11. 11. LINKS

    The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that OnCare is not responsible or liable for:

    • the availability or accuracy of those websites or resources; or
    • the content, products, or services on or available from those websites or resources.

    Links to those websites or resources do not imply any endorsement by OnCare of those websites or resources or the content, products, or services available from or through them. You acknowledge sole responsibility for and assume all risk arising from your use of any of those websites or resources or the content, products or services on or available from those websites or resources.

  12. 12. VIRUSES

    We do not guarantee that the Site, Application or Service will be secure or free from bugs or viruses.

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

    You must not misuse our Site, Application or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site, Application and Service will cease immediately.

  13. 13. APPLICATION LICENSE

    As long as you comply with these Terms, OnCare grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run that copy of the Application solely for the purpose of the Service. OnCare reserves all rights in the Application not expressly granted to you by these Terms.

  14. 14. ENTIRE AGREEMENT

    Except as supplemented by a document referred to and incorporated in these Terms or by additional OnCare policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between OnCare and you regarding the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OnCare and you regarding the Site, Application and Services.

  15. 15. ASSIGNMENT

    You may not assign or transfer these Terms, by operation of law or otherwise, without OnCare’s prior written consent. Any attempt by you to assign or transfer these Terms, without our consent, will be void and of no effect. OnCare may assign or transfer these Terms, at its sole discretion, without restriction. Subject to this provision, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  16. 16. DATA SUPPLY

    OnCare will on the request of any Agency who have or have had an Agency Staff Account supply copies of that Agency’s data contained in any relevant Care Visit Reports uploaded via the Service in csv file format (or any other file formay agreed by OnCare). To make a request please contact us by email or telephone. OnCare is not obliged to keep or provide to any Agency any data uploaded via the Service more than eight years after an Agency ceases to use the Service.

  17. 17. LAW

    These Terms their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.