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The following words or phrases shall have the meanings ascribed to them as follows:
“Caregiver” means Para Care professionals, Allied Care professional, and certified self-employed caregivers, or any other person or company working for or on behalf of a Care Business and verified by an authorized body in the area of care.
“Company” means Caregiver Asia Pte Ltd (a company incorporated under the laws of the Republic of Singapore and holding registered company number: 201320958M), whose registered office is at 745 Toa Payoh Lorong 5 #03-01 Singapore 319455 including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company.
“Job” or “Work” means – work carried out by any Caregiver and/or Care Business, for or on behalf of any Careseeker.
“Member” means – any Caregiver, Careseeker, Care Business, BYOB Vertical Franchise Champion and/or BYOB Vertical Franchisee that has registered with the Company.
“On Hold” or “Suspend(ed)” means – the suspension of a User’s account with the Company as a result of which the User will not be able to post any new Job and/or be available for hire through the Company or any of the Company’s Services.
“Service” means any service or procedure used/provided by the Company to any Member and includes, but is not limited to: information, products and services provided by telephone, fax or mail, on the Website or by E-mail, further details of which are contained within these Terms and Conditions and in other parts of the Website. - >-
“Third Party” or “Third Parties” means – person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of these Terms and Conditions, as being other than the Company or a Member.
“User” means any person, company or other organization or entity using the Services of the Company in order to be introduced to one another and/or use or render the services of any introduced user of the Company, and also includes any member.
“Website” means – the entire web site accessible at or through www.caregiverasia.com including any web portal, job portal, e-commerce portal, BYOB-business portal, and the content contained therein, as well as any program for accessing the same through mobile technology, where such portals or content are under the editorial control of authorized members of the Company.
“Your Information” means – any information you provide to us or any other User in relation to or in connection with any Service including information provided during registration, Job listings, the rating of Caregivers and Care-seekers and any other communication processes arising as a result of your use of any Service or the Website.
1. General disclaimer – Careseekers
In using this Website or any Service as a Careseeker, you hereby acknowledge and agree that:
1. It is your responsibility to select a Caregiver and to negotiate the terms of any Work to be performed by the Caregiver you have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through an introduction made via the Website or any Service or any transactions entered into through the Website.
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2. The Company relies on data provided by Users and Third Parties to determine which Caregivers are included in the database accessible via the Website and does not recommend or endorse any specific Caregiver.
3. Whilst the Company shall use its reasonable endeavors to do so, it does not guarantee to be able to find a Caregiver suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.
4. The Company provides no guarantee that a Caregiver to whom it has passed a Careseeker’s Job information will contact you.
5. The Company shall not be held liable to you in respect of any contract or other agreement entered into between any Careseeker and any Caregiver. In particular, but without limitation, the Company shall not be held liable in relation to the quality or fitness of any Work performed or omitted to be performed by any Caregiver and accordingly shall not be liable to you for any occurrence or omission resulting from the introduction of the Caregiver to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising.
6. The Company does not employ, recommend or endorse any Caregiver or Careseeker.
7. Although the Company provides you with tools to help you connect with Caregivers and make informed decisions, you are solely responsible for selecting an appropriate Caregiver, including making any inquiries or requesting for evidence of any specific trade or professional qualifications where necessary, and also for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Caregiver.
8. The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same.
9. The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional or other regulatory license.
2. General disclaimer – Caregivers
In using this Website or any Service as a Caregiver, you hereby acknowledge and agree that:
1. The Company relies on you to specify and describe your Job requirements, and the Company makes no warranty for the accuracy or completeness of any information provided by you, for which you are solely responsible.
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2. The Company makes no guarantee to refer any Jobs to you.
3. The Company makes no warranty as to the availability or suitability of any particular Job.
4. Where a specific trade accreditation or registration is required to be held by a you for any particular Job, you shall, where requested by the Careseeker, furnish at your own cost to the Careseeker and the Company evidence of the relevant accreditation or registration prior to commencement of the Job.
5. You are solely responsible for ensuring that you possess the necessary certifications if any to tender for any Job and that you are appropriately qualified and competent to complete any Job you tendered for. In addition, you must ensure that you are physically and legally able to perform the Work specified in any Job description you tender for.
6. In relation to any specific Job, the Company shall not be liable to you for any occurrence resulting from the introduction of the Careseeker to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising.
7. Where you advise us of your certifications as part of our registration process, we may (at our discretion) verify your certification, although the validity of the certificate remains your responsibility.
8. The Company does not employ, recommend or endorse any Caregiver or Careseeker.
9. Although the Company provides you with tools to help you connect with Careseekers and make informed decisions, you are solely responsible for selecting an appropriate Careseeker and for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Careseeker.
10. The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same.
11. The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license.
12. You do hereby agree and accept that you are NOT an employee of CGA and you shall bear full responsibility for any personal and/or any other taxes and/or fees payable as mandated by law to the relevant authorities. CGA does not make and shall not liable for any CPF contributions whatsoever.
3. Privacy and data protection and exchange of information
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4. The Company will use its reasonable endeavours to use information details of Job requests by Careseekers to select a suitable Caregiver. Should the Caregiver express an interest in quoting for the Job, suitable contact details will be sent to both the Careseeker and the Caregiver concerned.
5. The Company will make User profile information available to other Users, including ratings and comments from Members in relation to historic Jobs available for Members and non-Members to see at any stage on the Website.
6. If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.
7. The Company shall provide, on request from any Member, a copy of any data held by the Company in respect of the requesting Member on receipt of proof of identity and in consideration of payment of an amount to cover administrative costs, the quantum of which shall be communicated to the Member at an appropriate time.
8. Members shall not use contact information obtained from the Website or any information obtained through the Company except for the purposes of accepting or rejecting specific Job inquiries notified to the Member via the Service or the Website, and this obligation shall inure to the benefit of any person whose contact information is used by Members, as against the Member using that information.
9. Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
10. In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company’s consent and the consent of such other Member after adequate disclosure.
4. Disclaimer of warranties
1. The Website and the Services are provided on an “as is” and “as available” basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
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2. The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
3. No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.
5. Your information
1. You are solely responsible for Your Information. You agree to provide true, accurate, current and complete information to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
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2. Your Information and your activities on the Website must not be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
3. Your Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Your Information must not link directly or indirectly to any other website.
4. To enable the Company to use Your Information, you grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, trade mark, publicity, and database rights you have in Your Information or any part thereof, in any media whether or not currently known; You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
5. Your Information may not contain any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not contain anything to cause the Website to be interrupted, damaged, rendered less efficient or affected such that the effectiveness or functionality of the Website is in any way impaired.
6. You hereby acknowledge that the Company shall be entitled to edit, modify or remove any part or parts of Your Information which it considers in its sole and absolute discretion to be in breach of any of the provisions of these Terms and Conditions.
6. Your obligations
In addition to any other obligations herein, you:
1. may not submit, offer or tender for Jobs which are prohibited by Law;
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2. are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;
3. accept responsibility for any content you provide on the Website;
4. agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the Company’s prior written permission;
5. agree not to use the Website or the Services for any illegal purpose and to use the Website or the Services in accordance with all relevant laws;
6. agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;
7. agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company’s express written permission;
8. agree not use the Website or Services as source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of a Third Party;
9. agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein;
10. agree that in the event that you have any right, claim or action against any User arising out of the use of the Website or the Service, then you will pursue such right, claim or action independently of, or without recourse to, the Company;
11. acknowledge that CGA may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination or suspension shall include offensive and abusive content reported;
7. The company’s rights
1. The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or any Service without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.
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3. The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.
4. In the event of the Company’s publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company’s control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
8. Intellectual property rights
1. To the extent that all copyright and other intellectual property rights throughout the world in Your Information does not vest in the Company by operation of law or the other provisions of this Agreement, you hereby grant to the Company (free of charge) an exclusive, perpetual, world-wide royalty-free licence to use such information for any purpose.
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2. You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the “Rights”), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to you.
3. Without prejudice to the generality of the foregoing, if and to the extent that you own any or all of the Rights, you hereby irrevocably and unconditionally assign the Rights, with full title guarantee, to the Company for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.
1. You agree to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of Your Information (regardless whether such information is your own personal information or personal information of another person) or from your use of the Website or any Service.
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10. Limitation of liability
1. Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.
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2. You acknowledge that the Company has no effective control over the information that can be accessed by using the Website and any Service, and that the Company may not be in a position to examine your use of the Services or the nature of the information you are sending or uploading, and you shall therefore not hold the Company liable in any way in relation to the transmission or reception of any such information.
3. The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete and such information may contain inaccuracies, typographical, human and/or machine errors, or omissions.
4. The Company shall not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or any Service.
5. Where you rely or act upon any of the information contained within the Website or any Service, you do so entirely at their own risk.
6. E-mails that are automatically generated from information provided by Users are not under the editorial control of the Company and therefore do not necessarily reflect the opinions, positions and/or beliefs of the Company.
7. The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
9. Without limiting the generality of Clauses 10.7 and 10.8, you agree not to hold the Company responsible for any damages or other liabilities arising from Work performed by any Trade Professional. The Company does not and cannot be involved in Users’ dealings with Trade Professionals, or control whether or not Trade Professionals will complete any Work as agreed and in the event that a User has a dispute with one or more Trade Professionals, the User hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.
11. While every reasonable care will be taken in respect of information supplied by you, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company’s fault or negligence or otherwise).
12. The Company cannot and does not guarantee and does not warrant against human and/or machine errors, omissions, delays, interruptions or losses of information or data, infringing any material, or defamation.
13. The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.
14. Any responses made by the Company do not purport to be complete and exhaustive.
16. Each of the provisions of this Clause 10 shall be construed separately and independently of the others.
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1. Should Members have a dispute with another Member, they must, in the first instance, address the dispute directly to the Member concerned and feedback the results to the Company.
The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Members, and may discuss any investigation with any or all involved parties. However there are only three possible outcomes of a grievance investigation:
1. a Member may be allowed to continue using the Services of the Company;
2. a Member may be Suspended from using the Services of the Company for a period of time, at the discretion of the Company;
3. a Member may be banned indefinitely from using the Services of the Company.
3. You hereby agree to release the Company from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes, especially including and without being limited to the Company’s investigation, discussion and follow-up actions pursuant to Clause 11.2 above.
12. Suspension and termination
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The Company reserves the right to Suspend or discontinue its Service to individual Members, with immediate effect, as it sees fit and in circumstances including, but not limited to:
1. where the Company has not received written permission from provisional Caregivers to undertake the necessary checks as part of its vetting process within 14 days of the Company requesting such permission.
2. where payments that are due have not been settled within 14 days, this time period to exclude any time the money is held in any escrow or similar arrangement as required by the Company.
3. where the Company suspects that a Member is in material breach of any term hereof.
2. The Company may terminate any User’s ability to use any Service forthwith by written notice if the he commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.
1. Clause headings are inserted for convenience only and shall not affect the construction hereof.
4. Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
8. No terms or conditions other than those set forth herein or any variation thereof under Clause 7.2 shall be binding upon the Company, unless reduced into writing and signed on behalf of both the Company and you.
9. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.