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Carer Terms & Conditions

Terms and Conditions
Please note that by working as one of our Like Minder carers you automatically agree to the Terms and Conditions as stated below.

These Terms and Conditions are legal property of Like Minders limited and are protected by copyright.

1.    DEFINITIONS
1.1    “Care Services” means the service provided by the carer on the terms agreed between the Client and the carer;
1.2    “Carer Fee” means the relevant fee to be paid by the Client to the carer in cash on conclusion of the care Services as set out on the Web Site and in Schedule 1 of these terms and conditions;
1.3    “Client” means an individual or individuals to whom the carer is introduced by Like Minders and for whom the care Services are provided;
1.4    “Engagement” means the together the Introduction and the Care Services;
1.5    “Introduction” means the introduction of the Carer to the Client by Like Minders;
1.6    “Like Minders” means Like Minders Limited a company registered in England and Wales with company number 7046199;
1.7    “Carer” means the person introduced by Like Minders to the Client for the provision of Care Services;
1.8    “Notice” means a written notice in the form to be decided by Like Minders and which is deemed received by the Client on publication of such notice on the Web Site;
1.9    “Application Form” means the form provided by Like Minders to Carers and which must be completed by the Carers to the satisfaction of Like Minders
1.10    “Web Site” means http://www.likeminders.co.uk.

2.    INTRODUCTION
2.1    Like Minders will only undertake business on the following terms and conditions which are legally binding on all contracting parties.
2.2    Like Minders acts as an introduction agent only and does not employ the Carers.
2.3    The Carers are under the supervision, direction and control of the Client at all times.
2.4    Like Minders is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction and/or the provision of the Care Services.
The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be include the corresponding masculine, feminine and neuter forms.

3.    APPLICATION FORM
3.1    These terms and conditions shall apply to the agreement for services and shall supersede any other documentation or communication between parties.
3.2    When the Application Form has been received by Like Minders by email submission, fax or by post, this does not create a contract between Like Minders and the Carer.
3.3    Nothing in these Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Like Minders may be entitled, by virtue of any statute, law or regulation.
3.4    Nothing in these Conditions shall be construed as constituting a partnership or joint venture between the parties.
3.5    These terms and conditions are available on the Web Site.

4.    APPOINTMENT AS AGENCY
4.1    Like Minders will act as the Carer’s introductory agency and will endeavour to negotiate and conclude agreements with Clients in respect of procuring Engagements.
4.2    This Agreement does not give rise to a contract of employment between Like Minders and the Carer.

5.    CARER OBLIGATIONS
5.1    The Carer should not engage in any conduct which is detrimental to the interests of Like Minders, would negatively affect Like Minders’ relationship with the Client or is likely to bring Like Minders into disrepute.
5.2    The Carer shall, before the commencement of the Care Services, have provided Like Minders with satisfactory evidence of their identity, which shall include, but not be limited to, a certified copy of the Carer’s passport and one proof of address.
5.3    The Carer confirms that they are legally allowed to work in the United Kingdom and shall show Like Minders documentary evidence as proof thereto.
5.4    The Carer shall provide Like Minders with the names of three references who the Carer agrees that Like Minders may approach at any time for the purpose of obtaining references about the Carer.
(A)    The Carer will agree to provide Care Services to Like Minders at pursuant to the payments terms in Schedule 1 of these terms and conditions.
5.5    The Carer will accept the care Fee in cash, cheque, or Bank transfer from the Client at the end of each booking.
5.6    Any change to the information contained within the Application Form will require the Carer to resubmit the amended Application Form that will also be subject to acceptance pursuant to Condition 3.2.
5.7    If, in respect of any prospective Engagement, the Carer is required by law, any professional body or by the Client to hold or have any experience, training qualifications and/or authorisations, the Carer shall provide Like Minders with current and valid copies of such qualifications and/or authorisations.
5.8    The Carer consents to the disclosure of all relevant information (which is required to progress any application or which is requested by the Client) including but not limited to copies of qualifications, authorisations and/or references, by Like Minders to the Client.
5.9    The Carer shall immediately inform Like Minders should there be any reason or circumstance under which it would be detrimental to the interests of Like Minders, the Client or the Carer for the Carer to take up a particular position with a Client or to continue its engagement with Like Minders.
5.10    The Carer shall inform Like Minders of any interviews arranged between the Client and the Carer, or any informal or formal offers of employment made by the Client to the Carer.
5.11    In the event that the Carer is unable to honour an Engagement that has been agreed with a Client, the Carer shall notify Like Minders and the Client as soon as practicable.
5.12    If, following an Introduction from Like Minders, the Carer receives an offer of employment or Engagement to work for or with a Client introduced by Like Minders, The Carer shall inform Like Minders immediately and provide Like Minders with full details of the offer including a copy of the offer letter/contract of employment if requested.
5.13    The Carer shall notify Like Minders immediately if there is any reason why they are unable to continue with an Engagement with the Client.
5.14    The Carer is free to undertake any other engagement or employment whilst registered with Like Minders.
5.15    The Carer is not obligated to accept any care Services or Introduction offered to him/her by Like Minders.
5.16    The Carer should ensure that they have their own public liability cover.

6.    LIKE MINDERS’ OBLIGATIONS
6.1    Like Minders shall endeavour to secure suitable Engagements for the Carer but shall be under no obligation to find an Engagement for the Carer at any time.
6.2    An offer of engagement is not made to the Carer until details are received by Like Minders from the Client. Like Minders does not accept any responsibility and shall not be liable for any loss suffered by the Carer by reason of the Carer’s decision to resign from his/her current employment or any existing engagement before or after receipt of the Like Minders or Client’s offer.

7.    LIMITATION OF LIABILITY
7.1    Nothing in these Conditions shall exclude or limit the liability of the Carer for death or personal injury.
7.2    All parties agree that Like Minders shall not be liable to the Carer or to any other third party, including, but not limited to the Carer’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it.
7.3    The Carer acknowledges that the decision to accept an offer of engagement is the sole responsibility of the Carer and Like Minders gives no warranty, representation or undertaking as to the history, character, suitability, honesty of any Client nor as to the completeness, truthfulness or accuracy of any information provided by the Client. Like Minders gives no warranty, representation or undertaking as to the character, suitability or honesty of the Client.
7.4   The Carer acknowledges the risks inherent in participating in a care introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Like Minders and any person involved in creating, producing or distributing the Like Minders service or information pertaining to the Like Minders service.
7.5    Like Minders does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an Introduction made by Like Minders.
7.6    To the extent permitted by law, Like Minders will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Web Site or the services provided by Like Minders.
7.7    The Carer agrees to indemnify and hold Like Minders harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Like Minders by any third party arising out of the Carer’s use of the Web Site and the care Services provided by Like Minders, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Like Minders in consequence of the Carer’s breach of these terms and conditions.

8.    PRIVACY POLICY
8.1    Please read the following carefully to understand Like Minders’ practices regarding personal data and its treatment.
8.2    Like Minders is committed to protecting and respecting the Carer’s and the Client’s privacy.
8.3    These terms and conditions set out the basis on which any personal data collected from the Carer, or that the Carer provides to Like Minders, will be processed by Like Minders.
8.4    Like Minders may collect and process data (which includes personal data) about the Carer including but not limited to:
(A)    Information that the Carer provides by filling in the Application forms;
(B)    If the Carer contacts Like Minders, Like Minders may keep a record of that correspondence or notes of any telephone conversations; and
(C)    Like Minders may also ask the Carer to complete surveys that Like Minders uses for research purposes;
8.5    The data that Like Minders collects from the Carer may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Like Minders or for one of Like Minders’ suppliers. Such staff maybe engaged in, among other things, the fulfillment of the Carer’s Agreement and the provision of support services. By submitting the Carer’s personal data, the Carer agrees to this transfer, storing or processing.
8.6    The transmission of information via the Internet is not completely secure. Like Minders will use reasonable endeavours to protect the Carer’s personal data, but do not guarantee the security of data transmitted to the Web Site. Any transmission of such data is at the Carer’s own risk. Once Like Minders has received the Carer’s information, they will use strict procedures and security features to attempt to prevent unauthorised access.
8.7    Like Minders uses information held about the Carer in the following ways (including but not limited to):
(A)    ensure that content from the Web Site is presented in the most effective manner; and
(B)    provide the Carer with information, products or services that the Carer requests from Like Minders or which Like Minders feels may interest the Carer, where the Carer has consented to be contacted.
8.8    Like Minders may disclose the Carer’s personal information to third parties (including but not limited to):
(A)    in the event that Like Minders sells or buys any business or assets, in which case Like Minders may disclose the Carer’s personal data to the prospective seller or buyer of such business or assets;
(B)    if Like Minders or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Carers will be one of the transferred assets;
(C)    If Like Minders is under a duty to disclose or share Like Minders personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Like Minders, their Carers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
8.9    Like Minders will provide the Client with information about the Carer including but not limited to the name, sex, age, relevant experience and contact telephone number of the Carer and any other information relevant to the provision of care Services which may be undertaken or which has been undertaken.
8.10    The Web Site may, from time to time, contain links to and from the Web Sites of Like Minders’ partner networks, advertisers and affiliates.  If the Carer follows a link to any of these websites, the Carer should note that these websites have their own privacy policies and that Like Minders does not accept any responsibility or liability for these policies. The Carer should check these policies before submitting any personal data to these websites.
8.11    Any changes Like Minders may make to the privacy policy in the future will be posted on the Web Site.

9.    INDEMNITY
The Carer undertakes to indemnify and keep fully indemnified Like Minders at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of Like Minders), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Carer of any of the Carer’s obligations, undertakings or warranties as set out within these Conditions.

10.    ASSIGNMENT
This Agreement is personal to the Carer and the Carer shall not be entitled to assign their rights or obligations or delegate its duties under this Agreement without the prior written consent of Like Minders.

11.    THIRD PARTY RIGHTS

Nothing in these terms and conditions intends to or confers any rights on a third party.

12.    SEVERANCE
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13.    WAIVER
The failure by either party to enforce at any time or for any period any one or more of these terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.

14.    TERMINATION OF THE RELATIONSHIP

14.1    The relationship between the Carer and Like Minders may be terminated by the Carer upon written notice to Like Minders (whether by email, fax or post) (“Cancellation Notice”).
14.2    The Cancellation Notice is deemed received and applicable only when Like Minders acknowledges receipt of the Cancellation Notice.
14.3    Like Minders may acknowledge receipt of the Cancellation Notice by email, fax or post.
14.4    Until such time as Like Minders acknowledges receipt of the Cancellation Notice, the Carer’s details will continue to be held on Like Minders database.
14.5    The relationship between the Carer and Like Minders may be terminated by Like Minders upon written notice to the Carer (whether by email, fax or post).

15.    ENTIRE AGREEMENT
These terms and conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

16.    GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

17.    EXECUTION

SCHEDULE 1
Payment to The Carer(to be paid to the Carer in cash, by cheque, or by bank transfer)

Evening Babysitting
(6:00pm-8:00am)

From £8.50 per hour

Daytime Childcare
(8:00am–6:00pm)

From £9.50 per hour

Elderly Care

From £12.50 per hour

Just wanted to say thank you so much. Samantha was on time and helpful and kind and I felt relaxed being with her and she got me to my door safe and sound. What an excellent service! Thanks so much.

Jessie, Elderly care client
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