Terms and Conditions
Understanding your rights and responsibilities as a Care Xchange user
Protect your personal information by never providing credit/debit card or bank account numbers via emails or unsolicited telephone calls.
Create – information that You submit, publish or display on a Care Xchange Site.
Employer – Individuals seeking to employ Personal Assistants.
Care Xchange Site –Care Xchange platform
Personal Assistant –Individuals using the Care Xchange site to find additional work.
Care Xchange – A trading name for Labour Xchange, the sole proprietor of the Care Xchange and workface profile©
Workface and Profile – The system in which Personal Assistants detail their availability, preferred work type and skills. It includes the ability to publish a video/photo which an Employer can view as part of the application for a Personal Assistant.
You and Yours – The end user, includes both Personal Assistant and Employer and is dependent to whom the clause applies
Employer portal – The system for Employers to manage their care requirements and search for Personal Assistants
Personal Assistant portal – The portal which enables each individual Personal Assistant to login, change details and amend their profile.
Offer – The offer of work by an employer and the agreement to work by a Personal Assistant.
User – Personal Assistant and Employer accessing the Care Xchange platform
These Terms constitute a binding agreement between You and Care Xchange and are deemed accepted by You each time that You use or access any Care Xchange Site or Care Xchange Services. If You do not accept the Terms stated here, do not use the Care Xchange Sites and the Care Xchange Services.
The Care Xchange Sites are defined as any Websites under Care Xchange’s control, whether partial or otherwise and include the Care Xchange Site.
The Care Xchange Site is defined as the applications and services offered by Care Xchange, including an on-line service to note availability for Personal Assistant work opportunities and includes any application accessed through the Care Xchange Site and/or any mobile or other interface that allows You to access such application (collectively, “Care Xchange Services”).
The Care Xchange Sites also allow Personal Assistant to create individual profiles, which may include personal information (”Workface”), and to make these Profiles, or aspects thereof, public.
Care Xchange may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Care Xchange Sites suspended or terminated, at Care Xchange’s sole discretion.
Whilst Care Xchange will endeavour to ensure all information of the platform is accurate it does not guarantee the accuracy of information provided by individuals
You must be 18 years of age or older to visit or use any Care Xchange Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, you must not use the site
You may not use the Care Xchange Content or Profiles to determine a user’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) a government license or benefit (c) the harvesting of data (d) any other purpose which the Care Xchange platform is not intended.
- Use of Care Xchange Content.
Subject to these Terms, Care Xchange authorises You, , to access and use the Care Xchange Sites and the Care Xchange Content (as defined below) and to download and print a single copy of the content available on or from the Care Xchange Sites solely for Your personal, non-commercial use.
The contents of the Care Xchange Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Care Xchange content (collectively, “Care Xchange Content”), are protected under copyright, trademark and other laws.
All Care Xchange Content is the property of Care Xchange. The compilation (meaning the collection, arrangement and assembly) of all content on the Care Xchange Sites is the exclusive property of Care Xchange and is protected by copyright, trademark, and other laws. Unauthorised use of the Care Xchange content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Care Xchange Content on any authorised copy You make of the Care Xchange Content.
Any code that Care Xchange creates to generate or display any Care Xchange Content or the pages making up any Care Xchange Site is also protected by Care Xchange’s copyright, and You may not copy or adapt such code.
You agree not to sell or modify the Care Xchange content or reproduce, display, publicly perform, distribute, or otherwise use the Care Xchange Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Care Xchange Sites, in any other manner that is likely to cause confusion among Personal Assistants or Employers, that disparages or discredits Care Xchange, that dilutes the strength of Care Xchange’s property, or that otherwise infringes Care Xchange’s intellectual property rights.
You further agree to in no other way to misuse Care Xchange Content. The use of the Care Xchange content on any other application, website or in a networked computer environment for any purpose is prohibited.
- Use of the Care Xchange Services.
The “Workface” profile (“Care Xchange’s profile Database”) and other features of the Care Xchange Sites may be used only by Personal Assistants seeking employment and by Employers seeking Personal Assistants. Your use of the Care Xchange Services is subject to any other contracts You may have with Care Xchange. In the case of any conflict between these Terms and any contract you have with Care Xchange, the terms of your contract will prevail. The term “Create” as used herein shall mean information that You submit, publish or display on a Care Xchange Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Care Xchange Site registrations and passwords, and you agree to immediately notify Care Xchange of any unauthorised use of Your account, Profile, or passwords via the report abuse link.
All Care Xchange Users agree to not:
- Take any action that imposes an unreasonable or disproportionately usage on any Care Xchange Site’s infrastructure.
- Use any device to navigate or search any Care Xchange Site other than the tools available on the Site, publicly available third-party web browsers, or other tools approved by Care Xchange;
- Use any data mining, robots or similar data gathering or extraction methods;
- Violate or attempt to violate the security of any Care Xchange Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- Reverse engineer or decompile any parts of any Care Xchange Site;
- Aggregate, copy or duplicate in any manner any of the Care Xchange content or information available from any Care Xchange Site, including expired job postings, other than as permitted by these Terms;
- Frame or link to any Care Xchange content or information available from any Care Xchange Site, unless permitted by these Terms;
- Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- Create a Workface profile on behalf of another party;
- Set more than one copy of the same “workface profile” at any one time;
- Share with a third party any login credentials to any Care Xchange Site;
- Access data not intended for You or logging into a server or account which You are not authorised to access;
- Post or submit to any Care Xchange Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- Post content that contains restricted or password-only access pages, or hidden pages or images;
- Solicit passwords or personally identifiable information from other Users;
- Delete or alter any material posted by any other person or entity;
- Harass, incite harassment or advocate harassment of any group, employer, or individual;
- Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes or any other unsolicited communication;
- Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Care Xchange Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- Promote or endorse an illegal or unauthorised copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- Use the Care Xchange Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Care Xchange’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Care Xchange will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Additional Terms Applicable to Employers
- Summary – Care Xchange is a platform that provides people who require care the opportunity to search for, interview and hire individuals who would like to work as a personal assistant. All individuals available for work on the platform have undergone basic aptitude testing and have shown an interest in care work.
- Use of platform – The platform is only to be used by individuals requiring care and are actively looking to hire a personal assistant Any use of the platform beyond this definition may result in the immediate termination of your account.
- Screening – Whilst all individuals on the platform seeking employment have undergone aptitude testing their suitability for employment remains the responsibility of the Employer
- Accuracy of information – Whilst Care Xchange will endeavour to ensure all information of the platform is accurate it does not guarantee the accuracy of information provided by the potential personal assistants.
- Interviews – The platform provides an easy way for employers to book an interview with a prospective personal assistant. However, Care Xchange does not guarantee either the prospective personal assistant will accept the interview nor attend the interview, but merely acts a communication tool between the two parties. Care Xchange accepts no liability in how the employer conducts an interview, although it does offer guidance. All interviews are conducted at the employer’s own risk
- Job offer – Following an interview, should the Employer feel a candidate is suited for a Personal Assistant role, they have the option to offer the Personal Assistant a contract of employment The Employer’s portal allows the employer to make an offer of employment. Although Care Xchange will communicate the offer to the Personal Assistant it can neither guarantee acceptance nor provide feedback on refusal.
- Employment status – All Personal Assistant’s found on the Care Xchange platform are individuals looking to work as a Personal Assistant on an employed basis.
- Standard employment rights – As employed individuals, the Personal Assistant has employment rights such as: (This is not an exhaustive list and the employer is strongly recommended to obtain their own advice on their duties as an employer)
- Holiday pay entitlement paid by The Employer
- Sick pay entitlement paid by The Employer
- Requirement for pension entitlement paid by The Employer
- Employers national insurance contributions and PAYE income tax
- Health and safety – The Personal Assistant employer is required to provide a safe environment in line with HSE guidelines. For guidance on a what is deemed a safe role/environment please visit the HSE website.
- Respect and dignity – All Personal Assistants have the right to be treated with respect and dignity. The law protects employees from:
- Abuse (verbally or physically)
- Discrimination on any grounds (including but not limited to race, gender, sexuality, religion, age)
- Illegal activity – Should the Personal Assistant be asked to carry out any activity which could be classified illegal they have the right to refuse to work.
- In addition, Care Xchange will pass any illegal activities noted on to law enforcement agencies.
- Eligibility to work in the UK – As part of the sign-up process all Personal Assistant must upload documentation that demonstrates their right to work in the UK. If you are able to book a Personal Assistant, Care Xchange will have already received such uploaded documentation.
- The UK law states Employers, must see an original copy of eligibility documentation and the Personal Assistant must bring the original copy of the document to any interview for you to verify. It is then your responsibility to check the original document and be satisfied of their eligibility to work before they start any actual work. Should a Personal Assistant fail to bring their original documentation you must refuse to let them work otherwise you will be in breach of UK law. Should a Personal Assistant be refused work for failing to supply documentation then the work contract would not be formally completed.
- Although Care Xchange makes every effort to ensure all registered Personal Assistant are legally allowed to work in the UK, ultimately as their direct employer this is your responsibility and Care Xchange accepts no liability for loss/damage arising from failure in this field.
- The employer must adhere to the Data protection act including any amendments or any successive legislation in regard to any data they have access to from the employee via the CX system.
- Excluded activity – Employer’s are not allowed to use the Care Xchange system for the following:
- Register jobs that include an actual requirement or criterion about a job where such requirement or criterion is not an actual and legal requirement of the posted job;
- Sell, promote or advertise products or services;
- Post any job request other than a request for a personal assistant.
- Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
- Racial or ethnic origin
- Political beliefs
- Philosophical or religious beliefs
- Membership of a trade union
- Physical or mental health
- Sexual life
- The commission of criminal offences or proceedings
Care Xchange reserves the right to remove any Employer from any Care Xchange Site, which in the reasonable exercise of Care Xchange’s discretion, does not comply with its Terms, or if any content is posted that Care Xchange believes is not in the best interest of Care Xchange.
If at any time during Your use of the Care Xchange Services, you made a misrepresentation of fact to Care Xchange or otherwise mislead Care Xchange in regard to the nature of Your business activities, Care Xchange will have grounds to terminate Your use of the Care Xchange Services.
- Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If You believe that a copyrighted work or trademark has been uploaded, posted or copied to any Care Xchange Site and is accessible on such Care Xchange site in a way that constitutes copyright or trademark infringement, please contact Care Xchange
- Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others.
Care Xchange respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorised posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to Your use of the Care Xchange Sites, you agree not to use any Care Xchange Site to infringe the intellectual property rights of others in any way. Care Xchange reserves the right to terminate the accounts of any Users, and block access to the Care Xchange Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Care Xchange reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Care Xchange as set forth in Section 4 .
- Care Xchange’s Liability.
The Care Xchange Sites act as, among other things, venues for (i) Employers to search for and evaluate potential Personal Assistants and (ii) Personal Assistant to produce Workface Profiles and detail their availability. Care Xchange does not screen or censor the listings, including Profiles offered. Care Xchange is not involved in, and does not control, the transactions between Employers and Personal Assistants other than transmitting payment. As a result, Care Xchange is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Personal Assistants or the ability of Personal Assistants to fill job openings and Care Xchange makes no representations about any jobs, profiles or User Content on the Care Xchange Sites. While Care Xchange reserves the right in its sole discretion to remove User Content, profiles or other material from the Care Xchange Sites from time to time, Care Xchange does not assume any obligation to do so and to the full extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom You come in contact through the Care Xchange Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that You will use caution and common sense when using the Care Xchange Sites.
Because User authentication on the Internet is difficult, Care Xchange cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behaviour of participants on any Care Xchange Site, in the event that You have a dispute with one or more Users, You release Care Xchange (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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 to the fullest extent permitted by law.
If a user believes a person on Care Xchange is not who they say they are or they are posing a risk then they are to contact us immediately at the email@example.com email address and provide the details so we can investigate further.
The Care Xchange Sites and the Care Xchange Content may contain inaccuracies or typographical errors. Care Xchange makes no representations about the accuracy, reliability, completeness, or timeliness of any Care Xchange Site or the Care Xchange Content. The use of all Care Xchange Sites and the Care Xchange Content is at Your own risk. Changes are periodically made to Care Xchange Sites and may be made at any time. Care Xchange cannot guarantee and does not promise any specific results from use of any Care Xchange Site. No advice or information, whether oral or written, obtained by a User from Care Xchange or through or from any Care Xchange Site shall create any warranty not expressly stated herein.
Care Xchange encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Care Xchange be liable for the deletion, loss, or unauthorized modification of any User Content.
If You believe that something on the Site violates these Terms, please contact our designated agent set forth in Section 4.
If notified of any content or other materials which allegedly do not conform to these Terms, Care Xchange may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Care Xchange has no liability or responsibility to Users for performance or non-performance of such activities.
- Disclaimer of Warranty.
To the fullest extent possible by law, Care Xchange does not warrant that any Care Xchange site or any Care Xchange services will operate error-free or that any Care Xchange site and its servers are free of computer viruses or other harmful mechanisms. if your use of any Care Xchange site or the Care Xchange content results in the need for servicing or replacing equipment or data or any other costs, Care Xchange is not responsible for those costs. the Care Xchange sites and Care Xchange content are provided on an “as is” basis without any warranties of any kind. Care Xchange, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Care Xchange makes no warranties about the accuracy, reliability, completeness, or timeliness of the Care Xchange content, services, software, text, graphics, and links.
- Disclaimer of Consequential Damages.
To the fullest extent possible by law, in no event shall Care Xchange, its suppliers, or any third parties mentioned on any Care Xchange site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any Care Xchange site and the Care Xchange content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Care Xchange is advised of the possibility of such damages.
- Limitation of Liability.
To the fullest extent possible by law, Care Xchange’s maximum liability arising out of or in connection with any Care Xchange site or your use of the Care Xchange content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed £100.
- Links to Other Sites.
The Care Xchange Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Care Xchange of the contents on such third-party Web sites. Care Xchange is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, you do so at Your own risk.
- No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of any Care Xchange Site.
You agree to defend, indemnify, and hold harmless Care Xchange, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from
- Any User Content or other material You provide to any Care Xchange Site,
- Your use of any Care Xchange Content, or
- Your breach of these Terms. Care Xchange shall provide notice to You promptly of any such claim, suit, or proceeding.
Care Xchange makes no claims or representations that the Care Xchange Content may be lawfully viewed or accessed outside of the United Kingdom. Access to the Care Xchange Content may not be legal by certain persons or in certain countries. If You access any Care Xchange Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms are governed by the laws of England and Wales, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively within England and Wales. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Care Xchange’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Care Xchange’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Care Xchange Sites, a particular “Legal Notice,” or software license or material on particular pages on the Care Xchange Sites, these Terms constitute the entire agreement between You and Care Xchange with respect to the use of the Care Xchange Sites. No changes to these Terms shall be made except by a revised posting on this page.
- Mobile Services.
If You use the Care Xchange Sites through a mobile device, you agree that information about Your use of the Care Xchange Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Care Xchange Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Care Xchange Sites using a mobile device, you represent that to the extent You import any of Your Care Xchange data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, you must promptly update Your Care Xchange account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Care Xchange Sites through Your mobile access provider. Therefore, you should check with Your provider to find out if the Care Xchange Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Care Xchange Sites, you are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
- Term and Termination.
These Terms will remain in full force and effect while You are a User of any Care Xchange Site. Care Xchange reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Care Xchange Sites and immediate termination of Your registration with or ability to access the Care Xchange Sites and/or any other services provided to You by Care Xchange, upon any breach by You of these Terms or if Care Xchange is unable to verify or authenticate any information You submit to a Care Xchange Site registration. Even after You are no longer a User of the Care Xchange Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 15 inclusive.