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CareMate Terms of Use for Home and Personal Care Providers

These Terms of Use provide for the main terms governing the agreement between the provider of home and personal care services and CareMate regarding the use of the CareMate application and service provider's portal for the purpose of providing home and personal care.

To provide home and personal care services using the CareMate application, you must agree to the following terms.

1. DEFINITIONS

  • CareMate (hereinafter also referred to as "we") is a private limited liability company CareMate OÜ, established and registered under the laws of the Republic of Estonia, with a registry code 14385848 and a registered office at Tartu mnt 52-3 Tallinn 10112.
  • CareMate services are the services that CareMate provides to you, including the provision and maintenance of the CareMate application and the CareMate platform, customer support, mediation of payments and communication between you and the customer, and other similar support services as described in the Terms of Use, or the Agreement.
  • The CareMate application, including the CareMate Service Providers’ Portal, is a tool for CareMate service providers and customer for the purposes of the Terms of Use. The CareMate Service Providers’ Portal is a tool used by providers of home and personal care use to receive and accept orders and to manage home and personal care services. The CareMate application is a tool of customers of home and personal care services for ordering, paying for and receiving services for themselves or their loved ones.
  • A customer is a person who orders home and/or personal care service for himself/herself and who receives home and/or personal care service provided by the service provider in his/her home in the conditions that he or she has at home.
  • A care service provider (including a caregiver, care service provider) means a person who has entered into an agreement to use the CareMate application and provides home and personal care services through the CareMate application.
  • Terms of use are the conditions set out in this document.
  • An agreement is any agreement between you and CareMate regarding the use of the CareMate application and the Caremate Service Providers’ Portal. The agreement is made up of these Terms of Use documents Privacy Policy, Guidance to the Service Provider, and other additional terms or documents that are referred to herein, or in which you and the CareMate will agree in the future.
  • Your license is your right to use CareMate applications.
  • The website is a CareMate site at www.caremate.ee.
  • The fee is the amount of money the Customer must pay to the provider for the provision of home and/or personal care service.
  • The CareMate service fee is the fee that a home and/or personal care provider must pay to CareMate for the right to use the CareMate application.
  • In-application payment is a payment that Customer pays for care services through the CareMate application. In-application payments can be made using a bank or credit card, mobile payment, or any other electronic payment method that CareMate allows.
  • The CareMate Service Providers’ Portal is a portal that contains relevant information and documentation on how CareMate uses the application, including accounting records. You can login to CareMate at www.caremate.ee by entering a username and password.
  • The care services are home services and personal assistance services, which include: preparing food (arranging the kitchen afterwards), feeding, heating home with wood, ironing, washing the laundry, helping out at the cleaning, accompanying and helping the person receiving the care service at shopping trips, helping the person receiving the care service at running errands, assisting in administering medicines, providing mobility assistance, removal of garbage, assistance in toilet operations, changing diapers, assisting in getting dressed, washing the recipient of the service, changing bed linen and towels when they are soiled, lawn mowing, assistance in gardening, the service of keeping company.
  • Care services are services provided by a care service provider to a person designated by the customer, whose order the provider of care service has accepted through the CareMate application.

2. CONCLUSION OF THE AGREEMENT

  • To use CareMate, you must register on the CareMate website by filing the required information in your application for registration and passing the documents required by CareMate. An account can be registered as a legal entity or as a private individual. Once you have registered your account with CareMate, CareMate will provide you with a personal account accessible through the CareMate Service Provider's portal and the application using the username and password you choose. Clicking on the "Sign Up" button at the end of the registration request, you confirm and ensure the following:
    1. You are entitled, in accordance with applicable law, to enter into an Agreement for the use of the CareMate application for the purpose of providing home and personal care services and out-of-doors assistance;
    2. You have carefully reviewed, fully understood and agree to comply with these Terms of Use, including any obligations arising from these Terms and Conditions;
    3. All the information you provided to CareMate is accurate, correct and complete;
    4. You will not allow other parties to use your account or transfer it to any other person;
    5. You do not use the CareMate application and the service provider's portal for unauthorized or unlawful purposes and do not undermine the proper functioning of the CareMate application;
    6. You do not copy and share the CareMate application and the service provider's portal or any other content without the prior written permission of CareMate, except for in an emergency situation to the police, family physician, emergency medical staff;
    7. Your account details are correct, and you update your profile information.
    8. You act in accordance with the laws and regulations applicable in the territory where you provide home and personal care services and assistance;
    9. You agree to the CareMate Privacy Policy.
  • When entering your payment information on registration, you have to submit your bank details. For a legal entity, enter the bank details of the company concerned. CareMate transfers the Fee collected through the payments to the bank account provided by the care service provider. CareMate will not be liable for incorrect transfers if the service provider has provided incorrect bank details.
  • After you submit your application for registration, you will receive an email stating the additional conditions that must be met for the provision of care services. Such conditions may include the presentation of a criminal record certificate, the completion of training, the possession of a mobile device supporting GPS and other conditions, as described in the e-mail. Failure to comply with the prescribed requirements and conditions may result in the termination of the use of the Agreement and the CareMate application and service provider's portal.
  • Registration of the account as a legal entity (i.e., company). A care service provider is considered a legal entity if a legal entity is indicated as the recipient of the payment in the payment details (visible on the CareMate service provider's portal). In this case, the indicated legal entity is considered to be the provider of care services and a party to these Terms and Conditions and any subsequent agreements. Only the natural person indicated in the registration process can provide care services. A natural person may use the service provider's account only if he/she has read and agrees to comply with these General Conditions and any additional documents forming part of the Agreement. A LEGAL PERSON REPRESENTED IN THE PAYMENT DATA OF CAREMATE ACCOUNTS AND THE ACTUAL PHYSICAL PERSON CARRYING OUT THE HOME AND/ OR PERSONAL CARE SERVICES ARE SOLIDARILILY LIABLE FOR ANY BREACH OF THE AGREEMENT BY THE SERVICE PROVIDER.

3. RIGHTS FOR USE OF CAREMATE APPLICATION AND SERVICE PROVIDER’S PORTAL

  • The CareMate service provider's portal allows the service provider to obtain home and personal care orders from customers.
  • License to use the CareMate service provider's portal. Hereby, CareMate grants the service provider, under the Agreement and under the terms and conditions set forth herein, a non-exclusive licence to use the CareMate applications. A non-exclusive licence does not give the Service Provider the right to sublicense or transfer the rights of use to third parties.
  • During the use of the CareMate application and the service provider's portal, the service provider may not do the following:
    1. decompile, reverse engineer, or otherwise attempt to recover the source code of the CareMate application and service provider’s portal;
    2. modify the CareMate application and service provider's portal in any way or form or use the revised version of the CareMate application’s service provider's portal;
    3. transmit files containing viruses, corrupted files or any other similar CareMate application or programs that may damage another person's computer, services provided by the CareMate application, the Website, the CareMate service provider's portal, the CareMate application, or hardware or telecommunications equipment;
    4. attempt unauthorized access to any CareMate application or another CareMate service.
  • The CareMate service provider charges CareMate for the use of the CareMate application and its portal in the manner set out in Chapter 5 of the General Conditions.
  • The license for using the CareMate application and the CareMate service provider's portal ends automatically and concurrently with the termination of the Agreement. In case of cancellation of the Agreement, you must immediately terminate the use of the CareMate application and the CareMate service provider's portal, and CareMatel is entitled to block and erase your account without notice.
  • Use of the CareMate trademark and labels. CareMate may provide you with labels, tags, stickers or other signs that refer to CareMate or otherwise indicate that you are using the CareMate application. CareMate provides you with a non-exclusive license to use the trademarks, under which no sublicences or any third-party access rights may be granted, and such license only applies to the extent that it is required to provide CareMate's home and personal care services through the CareMate service provider's portal. After canceling the Agreement, you must immediately remove and disclaim the use of CareMate's trademarks and similar signs that refer to the CareMate trademark.
  • CareMate's copyrights and trademarks, including the CareMate source code, databases, software, logos and visual designs, etc., are the intellectual property of CareMate and are protected by copyright, trademark and business secrecy laws and the provisions of international treaties. The use of the CareMate application, the CareMate service provider's portal, or other CareMate services does not give the service provider ownership of CareMate's intellectual property.

4. PROVIDING HOME AND PERSONAL CARE SERVICES AND OUT-OF-DOORS ASSISTANCE

  • Obligations The service provider hereby declares that it provides home and personal care services and out-of-doors assistance in accordance with the Agreement and the laws and regulations applicable in the territory where the service provider provides home and/or personal care services.
  • A service provider who uses a car for the provision of a service must hold a license (including a valid driving license), registrations, car insurance, liability insurance (if applicable), certificates and other documents required in the territory where the service provider uses a car. The service provider is responsible for ensuring that the above licenses and registrations are valid and up-to-date. CareMatel has the right to request the service provider to submit licenses, registrations, approvals, credentials, etc.
  • You need to provide home and / or personal care services and out-of-doors assistance professionally in accordance with the business ethics of such services and to fulfill the customer's order in his best interest. Among other things, (i) you need to choose an approach that is most effective and risk-reducing possible; (ii) not engage in activities that may interfere with the effective provision of the service during the provision of the service; (iii) You must not use the smart device and / or the phone for your own personal use.
  • The service provider has the right to decide when and at what frequency the home and / or personal care services and out-of-door assistance will be provided. The service provider can choose whether he/she will receive orders from customers for the provision of care services.
  • Costs that the service provider has to pay due to the provision of home and/or personal care and out-of-door assistance. The service provider is obligated to acquire and maintain the necessary tools for the provision of care services (rubber gloves, blue slippers, disinfecting gel for hands), including smart devices. The service provider must pay all expenses related to the provision of maintenance services, including the costs of fuel when using the car in the work and the costs of the mobile data communication package, taxes related to insurance, company or payroll, etc. The service provider must take into account the fact that the use of the CareMate application and the portal may use a large amount of mobile data package volume. Therefore, the Service provider needs to use an unlimited or very high-power data connection package.
  • Fee for providing the service. The Service provider has the right to ask the subscriber to pay a Fee after receiving an order through CareMate, and the home and/or personal care service or out-of-door assistance has been provided according to the order. The cost of the visit is calculated by default on the basis of the fixed base price, based on the duration of the service determined on the ordering of the service. The default base price is the price determined for the order indicated on the CareMate application. The Service provider may request a change to the default base price by sending a corresponding application to CareMate.
  • If the Service provider finds that there is an error in the calculation of the Fee and he / she wants to make corrections in the calculation of the cost of the service, they must be provided in the "Fare Review" function of the CareMate service provider's portal. If the Service provider has not submitted an application in the "Fare Review" function in the CareMate service provider's portal, then CareMate is not required to recalculate the cost of the service or compensate for any damage caused by the error in calculating the cost of providing the service.
  • CareMate may adjust the Fee in case of malicious behavior of the Service provider (for example, by working longer than scheduled work or by failing to log out), or if a technical error has been identified that affects the cost of providing the service. CareMate may also reduce or cancel the Fees if there is a reasonable cause to believe that the Service provider has committed fraud or if the customer indicates the malicious behavior of the Service Provider. CareMate applies the right of reduction of the Fee in a reasonable way and in justified cases.
  • The customer makes a payment for the provision of the service directly to CareMate as an in-app payment (as described in Chapter 6 of these General Terms and Conditions). In case the Customer fails to pay the Fee or refuses to pay, CareMate will send the debit note to the Customer. Such activity does not mean that CareMatel would be obliged to pay to the Service provider the Customer's outstanding Fee.
  • Receipts. After completing the provision of a home and/or personal care service, the CareMate application sends a summary of the visit to the Customer, including the surname and first name of the service provider, the photo, the date, start and end time of the service, the price of the service and the amount paid. Receipts are available to the service provider on the CareMate service provider's portal.
  • In the event that the customer of the service causes any kind of physical or moral damage to the service provider, the service provider has the right to contact the police or CareMate Client Support Office where the case will be handled and, in this connection, the customer of the service may lose the permission to use the CareMate application for ordering home and/or personal care services or out-of-door assistance.
  • Tax liabilities. The Service provider confirms that he/she is aware of all tax liabilities incurred by the Service provider in connection with the provision of home and/or personal care and out-of-door assistance, including (i) the payment of income tax, social tax and other applicable taxes, and (ii) an obligation to record, account for and transfer the taxes. If the tax authority submits a valid tax inquiry to CareMate regarding the activities of the Service providers in relation to home and/or personal care or out-of-door provision, CareMate may make information available to the national tax authority on the activities of the Service providers to the extent provided by law. The service provider is required to comply with all tax liabilities that he/she may incur in connection with the provision of home and/or personal care services and out-of-door assistance. The Service provider must reimburse CareMate for any fees, payments, claims, fines and other tax liabilities incurred by CareMate in connection with the fact that the Service provider has not met his/her tax obligations (including income tax and social security contributions).
  • Authorization to issue invoices. CareMatel has the authorization to issue invoices to Customers on behalf of the Service providers, such as contractual penalties or fees that CareMate transfers to the Service provider. The corresponding invoices are made available to the Service provider on the CareMate Service provider's portal.

5. CAREMATE SERVICE FEES

  • The use of the CareMate Service provider’s platform requires the Service provider to pay CareMate a fee (i.e., CareMate service fee). The caremate service fee is calculated on the cost of home and/or personal care services for every home and/or personal care service. The caremate service fee is deducted from the Fee. The size of the CareMate service fee will be notified to the Service provider via e-mail, the CareMate application, the CareMate Service provider's portal, or other communication methods. The CareMate service fee may vary from time to time. CareMate will notify you about changes in advance.

6. IN-APPLICATION PAYMENTS-BOOKING INFO!

  • The CareMate application enables Customers to pay for home and/or personal care services and out-of-doors assistance on the basis of a company invoice or as a mobile payment directly from the application (i.e., an in-app payment). The Service provider authorizes CareMate to act as a paying agent with limited rights, who collects Fees and other fees on behalf of the Service Provider that the Customer pays in the form of in-app payment. In case of an in-app payment, the Customer’s payment obligation to the Service provider is deemed to be fulfilled at the moment of making it.
  • The Service provider may not refuse the Customer's desire to make an in-app payment, nor influence the Customer not to make an in-app payment. Cash settlements are prohibited. If the Service provider refuses to accept an in-app payment without good reason, CareMate has the right to charge a Service provider a penalty of EUR 10 for any refusal and/or cancel the Service Provider's right to use the CareMate application and Service provider's Portal if such behavior is repeated.
  • CareMate will transfer the amounts received on CareMate’s bank account last week in the form of in-app payments to the Service provider's bank account usually by the fourth calendar day of the week after next week. If the Service provider requests reviewing in-app payments, CareMate may transfer the amounts collected after the review has been completed. CareMate withholds an hourly percentage not exceeding 20% of mediation from the order amount.
  • The service provider can view the reports on in-app payments on the CareMate service provider's website. CareMate sends an "In-App Payments and Manager Account Balance Sheet" email once a week to the service provider. The reports show the in-app payments received last week and the amounts of CareMate's fees withheld from them. The service provider must inform CareMate of material circumstances that may affect the implementation of in-app payments.
  • CareMate is not required to reimburse the Service provider for the Fee if the in-app payment failed due to the cancellation of the credit card or mobile payment or if payment was not successful for reasons beyond CareMate's control. In this case, we will assist the service provider in recovering the cost of the service and transfer the Fee after the customer has made the required payment.
  • Prior to providing home and/or care services or out-of-door-services, the service provider must make sure that the service is provided to the right consumer or that the customer has explicitly confirmed that he/she allows the other person to use home and/or care services or out-of-door assistance with his/her CareMate account. If the service provider makes a mistake in identifying the consumer and an in-app payment is required from a customer who has not been provided with a home and/or personal care services ordered by the consumer, CareMate refunds the customer the for the cost of the order. In this case, the service provider is not entitled to receive Fee from CareMates for the provision of the service. In addition, CareMate has the right to demand a penalty of € 10 for any wrong in-app payment.
  • CareMate offsets the Fees collected through the in-app payments with amounts that the Service provider is required to pay to CareMate (e.g., CareMate's service charge and contractual penalties). CareMate has the right to comply with the financial obligations of the Service provider towards the CareMate Group companies, in which case CareMate has the right of recourse to the extent of the fulfilled obligations against the Service provider. CareMate may offset the financial claims of the Service provider against CareMate, with the financial claims of CareMate Group against the Service provider. CareMate means companies over which CareMate has direct or indirect control (such as the CareMate subsidiaries) and the company that directly or indirectly controls CareMate.

7. CUSTOMER SUPPORT

  • CareMate provides customer support for the use of CareMate application and service provider's portal. CareMate has the right to suspend the provision of a customer support service if the Service provider has delayed paying CareMate's service charge or other payments by more than five calendar days.

8. ASSESSMENT AND ACTIVITIES

  • In order to ensure a high-quality service through the CareMate application and to provide additional security to the Customer, Customer can provide ratings and reviews on the provided home and/or personal care services. The average rating given to the service provider is linked to the CareMate account and available to Customers who wish to order Home and/or Personal Care services. If CareMate finds that a rating or comment has not been given in good faith, it may be taken into account when calculating the minimum average score.
  • In addition to the Service provider's score, CareMate measures the activity of the operation and generates an activity rating per Service provider based on accepting, rejecting, failing to respond to home and / or personal care service orders, or providing home and / or personal care services.
  • In order to ensure a reliable service for Customers, CareMate can set the minimum average score and the minimum activity score that the Service Providers need to achieve and maintain. If the Service provider does not raise his or her average score or activity score to at least the minimum within a given time, then the CareMate account of the Service provider will be closed either temporarily or permanently. CareMate may open a Service provider’s account if CareMate identifies that the shutdown was caused by a system error or false assessment.

9. MARKET REVIEWS AND CAMPAIGNS

  • Market reviews. CareMate may send market reviews to Service providers using the CareMate application, the CareMate Service providers Portal, SMS, e-mail, or other means of communication to raise awareness of when demand is greatest. These market reviews are indicative. As market replies are based on past customer behavior statistics, CareMate cannot ensure that the actual market situation is in line with the opinion provided in the market review.
  • Campaigns that allow minimum revenue. CareMate can make campaigns where CareMate guarantees a certain minimum income if the Service provider provides home and/or personal care services within a specified period of time. If the Service provider does not achieve this minimum, CareMate will reimburse the Service Provider for the missing part. CareMate specifies the campaign terms by the CareMate application, the CareMate service provider's site, SMS, email, or other communication tools. CareMate will decide, at its discretion, on what terms, when and to which Service providers it allows for its participation in the campaign. If CareMate has reason to believe that CareMate's behavior is malicious, then CareMate may not pay compensation or stop making the payments during the time of investigation of the suspected fraud.
  • Marketing campaigns targeted to consumers of the Service. CareMate can arrange marketing campaigns for Service providers to market CareMate applications. If during the campaign, the Fee is reduced, CareMate will pay compensation to the Service provided in the amount of the discount offered to the Customers. The compensation will be paid to the Service provider together with the Fee. CareMate can offset the marketing campaign's benefits with CareMate's service fees.

10. LEGAL RELATIONSHIPS BETWEEN THE SERVICE PROVIDERS, CAREMATE AND CUSTOMERS

  • CareMate is an information society service provider and does not provide home and / or personal care services or out-of-door assistance. CareMate only facilitates the provision of home and /or personal care services and out-of-door assistance between the Service provider and the Customer. The Service provider is aware of the fact that he/she provides home and/or personal care services and out-of-door assistance under the service agreement and independently provides economic or professional services to the Consumers for whom the Customers order the service.
  • There is no contracting or employment relationship between the Service provider and CareMate. CareMate can provide benefits and discounts to the service provider, but this benefit is not considered to be a remuneration or performance pay. CareMate and the Service Provider also do not establish a legal relationship of partnership. A service provider may not present himself/herself as a CareMate employee, agent or representative, nor enter into contracts on behalf of CareMate. If, as a result of applicable laws or judicial practice, the Service Provider is considered to be an employee or contractor of CareMate, the Service provider waives any claims against CareMate that may arise in connection with such a legal relationship.
  • The Service provider may not assign the rights or obligations arising from the execution of the Agreement or from the Agreement to third parties.

11. PROCESSING OF PERSONAL DATA

  • Processing of personal data. CareMate collects personal data from the Service provider such as name, address, telephone number, email address, criminal record information, location information, training information to enable the CareMate application to function and provide information society services. Driving licenses and criminal record information or other relevant documents may be requested to determine if the Service providers complies with the requirements of the law and that the Service provider is eligible to operate as a provider of services in the CareMate application. CareMate will transmit the personal information of the Service provider to subsidiaries and third parties for the purpose of providing information society services. The CareMate application displays the first name and last name of the Service provider, the photo, the services that the service provider can provide, the price components, the distance from the service user, and the rating. The Service provider may ask to see, update or remove his or her personal information. If the Service provider wants to remove his or her personal information, the use of the CareMate application may become impossible. After the Service provider deletes his or her account, CareMate will delete your personal information, but not earlier than six months after deleting your account (in case of need to resolve an issue or dispute relating to the Agreement). The personal data of the Service provider may be kept longer if provided for by legislation.
  • Transmission of location data. To provide CareMate services, information about location data is collected in order to provide information society services to Customers. If the Service Provider wants his or her location not to be visible in the CareMate application, the Service provider must close the CareMate application or note in the CareMate application that the Service provider does not provide services.
  • Processing of personal data of Customers. The Service provider may not process personal data of Customers and consumers without the permission of CareMate. The Service Provider may not collect, store, allow access, use or cross-use the personal data of the Customers and consumers made available through the CareMate application, except to the extent necessary for the provision of home and/ or personal care services. CareMate is the personal data controller who processes the personal data of the Service provider and the Customers and consumers. The Service provider is an authorized processor of the personal data of Customers and consumers and must follow the rules and conditions for the processing of personal data as set out in CareMate's Privacy Policy. If the Service provider violates the requirements for the processing of personal data, CareMate may close the account of the Service provider and claim damages.

12. LIABILITY

  • CareMate rakendus antakse kasutamiseks \"nagu on\" ja \"nagu kättesaadav\" kujul. Caremate ei väida ega taga, et juurdepääs CareMate rakendusele ja CareMate teenuse osutaja portaalile toimib ilma katkestuste või vigadeta. Kuna CareMate rakenduse kasutamine kodu- ja/või isikuhooldusteenuste tellimiseks sõltub Tellijate käitumisest, siis CareMate ei taga, et CareMate rakenduse kasutamise tulemusena on Teenuse osutajal võimalik saada kodu- ja/või isikuhooldusteenuste tellimusi.
  • CareMate OÜ, CareMate management board members and employees are not liable for any damage that the Service provider may have due to the use of the CareMate application, including:
    1. direct or indirect financial loss;
    2. loss of income;
    3. loss of business, loss of orders, goodwill, a or reputation which may result from the interruption of business;
    4. loss or inaccuracy of data;
    5. any other damage.
  • CareMate's liability for damage caused by an infringement of the Agreement is limited to EUR 500. The Service Provider has the right to claim damages only if CareMate deliberately breaches the Agreement.
  • CareMate is not responsible for the actions or omissions of Customers or related persons using the CareMate application and is not liable for any damage caused by the Customers to the Service provider.
  • The Service Provider is liable for breach of the Agreement and any other laws and regulations and is required to suspend and remedy the breach concerned immediately after receiving a claim from CareMatel or from a state or other public authority. The Service provider is required to indemnify CareMate for direct and/or indirect damages, loss of profit, fine, and interest for late payment imposed on CareMate due to a breach of the Agreement by the Service provider. If the Customer submits a complaint to CareMate regarding the home and/or personal service provided by the Service provider, the Service Provider will fully compensate CareMate for the damage it has sustained within seven days of receipt of the claim. In the event that CareMatel is entitled to file a claim against the Service provider, the Service provider shall compensate CareMate for damages and the related legal costs.

13. DURATION AND TERMINATION

  • The terms and conditions provided for in these General Conditions shall enter into force with respect to the Service provider if he/she submits a registration application on the Website. Other Terms and Conditions will enter into force with respect to the Service provider from the moment the Terms and Condition are made available to the Service provider and the Service provider begins or continues to provide home and / or personal care services or out-of-door assistance through the CareMate application.
  • The Service provider may cancel the Agreement at any time by notifying CareMate at least seven days in advance, after which the rights of the Service provider to use the CareMate application and information society services are terminated. CareMate may, at its discretion, at any time, and for any reason, cancel the Agreement by notifying the Service provider at least three days in advance.
  • CareMatel has the right to cancel the Agreement without notice and to restrict access to the CareMate application and the CareMate Service Provider's Portal if the Service provider violates the Agreement, any applicable law, degrades CareMatet or its affiliates, or causes damage to the brand, reputation or business of CareMate or its affiliates. In the above cases, CareMate may refuse registration of a new account for the Service provider.
  • In the event that CareMate suspects the Service provider of an infringement of the Agreement or fraud, CareMate may, at the time of the investigation, restrict the Service Provider's access to the CareMate application and the CareMate Service Provider's portal. Access restriction is canceled when CareMate detects that the Service provider has not committed an infringement or fraud.
  • CareMate aims to provide the highest quality service to all Customers and consumers, and CareMate will monitor the operation of Service providers in its system. In the event that the Service Provider fails to meet the minimum service requirements, such as a minimum rating and an active score, CareMatel will immediately, without notice, terminate the Agreement and limit the access of the Service provider to the CareMate application and the CareMate Service provider's portal.

14. CHANGES

  • Changes to the Agreement come into force after they have been made available to the Service provider by e-mail, CareMate application, CareMate Web site, CareMate Service provider's portal or other means of communication, and the Service provider will then continue to provide home and / or personal care services through CareMate.
  • When changing the General Terms and Conditions, a revised version will be posted on the website and notified to the Service provider at least 14 days in advance. If the Service provider continues to use the CareMate application and the CareMate Service provider’s portal, it is considered that the Service provider has accepted the revised General Terms and Conditions.

15. APPLICABLE LAW AND JURISDICTION

  • The Agreement is governed by the law of the Republic of Estonia. If the dispute cannot be resolved by negotiation, the dispute will be resolved in the Kentmann County Court, Harju County Court, Tallinn, and the Republic of Estonia.

16. TRANSMISSION OF NOTIFICATIONS

  • The Service provider is required to immediately notify any changes to his or her contact details.
  • Notifications to be forwarded under the Agreement shall be deemed to have been forwarded, if they are: (i) personally delivered, (ii) sent by courier with delivery confirmation, (iii) sent by registered post, (iv) sent by e-mail, or (v ) made available through the CareMate Service provider’s portal or the CareMate application. Any notification sent in accordance with this clause shall be deemed to have been received: (i) upon delivery in person, at the time when it was handed over to the party; (ii) upon delivery by courier on the date indicated by the courier as the date on which the envelope containing the notification was handed over to the counterparty; (iii) upon sending by registered mail on the tenth day after the delivery of the document to the post office for delivery to the party; (iv) upon making available via CareMate's Service provider's portal or the CareMate application; or (v) upon sending by SMS or e-mail the day on which the notified party acknowledges receipt of the relevant notification or the day after sending the message, unless the sender receives the error message, and has sent it the same message again on the next calendar day and has not received a similar error message.

18. HANDLING MONEY

  • Orders submitted by the CareMate application to the Service provider, which include handling money, are all covered by the CareMate application, and it is forbidden to use cash. (In case of ordering shopping service or service of making other expenses for the consumer, the customer must pay for it on the basis of the receipt given to him or her by the caregiver. This is an agreement between the customer and the service provider, and CareMate is not responsible.)

19. FINAL PROVISIONS

  • If any of the terms of the Agreement is null and void, the parties shall replace the relevant clause with a valid provision expressing the intention and economic sense of the clause in question.

Date of entry into force of the General Terms and Conditions: 01.08.2018.

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