Terms & Conditions (Beta Test)
247.care, Inc (247.care) provides a technology platform that enables users to connect easily with third-party Non-Medical service providers (the Home CareService Providers) which deliver home-based care services (the Services).
YOU ACKNOWLEDGE THAT 247.CARE DOES NOT ENGAGE IN PROVIDING HEALTH CARE SERVICES OR ANY OTHER MEDICAL SERVICES TO USERS.
DO NOT USE 247.CARE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF AT ANY TIME YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER).
Introduction
These Terms & Conditionsgovern your use of 247.care mobile application, 247.care (the App) and website, www.247.care (the Website); by using the App or Website, you accept these terms of service (the Terms of Service) in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the App or Website.
Eligible users
You must be at least 18 (eighteen) years of age to use the App or Website. By using the App or Website and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.
You are only eligible to use our App or Website if you are located within our service area, which is available in detail on the Website.
Service availability
247.care will make best efforts to:
– provide access to the App and Website seven days a week, twenty-four hours a day;
– connect callers with home-based health care services providers seven days a week, from 8 am to 10 pm; providers will generally arrive, on average, within 60 minutes of receiving a request for services;
– provide access to telemedicine (phone calls, video calls, on-line chat) seven days a week, twenty-four hours a day.
247.CARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APP, WEBSITE OR SERVICES, OR THAT THE APP AND WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
247.CARE HAS NO CONTROL OVER THE SERVICES PROVIDED BY THIRD PARTIES, INCLUDING NON-MEDICAL SERVICE PROVIDERS, AND CANNOT ENSURE THE COMPLETION OF ANY ARRANGED SERVICE.
License to use App and Website
Unless otherwise stated, 247.care and/or its licensors are the owner of any materials published or used on the App and Website from time to time (the Materials). Materials may include logos, graphics, videos, images, software and other contents.
The App and Website are owned and operated by 247.Care, Inc.
Subject to any restrictions stated in the Terms of Service, and your compliance with the Terms of Service, 247.care hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the App and Website solely for your personal use.
You must not:
· reproduce, duplicate, copy or otherwise exploit any Material for a commercial purpose;
· republish any Material in neither print nor digital media or documents (including republication on another website or mobile app);
· sell, rent or sub-license any Material;
· show any Material in public;
· edit or otherwise modify any Material;
· redistribute any Material – except for content specifically and expressly made available for redistribution; or
· republish or reproduce any part of the App or Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Mobile application
To use the App you must have a mobile device that is compatible with the mobile service. 247.care does not warrant that the App will be compatible with your mobile device.
247.care hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that 247.care may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and 247.care and its licensors retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
The following additional terms and conditions apply with respect to the App that 247.care provides to you designed for use on an Apple iOS-powered mobile device (the iOS App):
· You acknowledge that these Terms of Service are between you and 247.care only, and not with Apple, Inc. (Apple).
· Your use of 247.care’s iOS App must comply with Apple’s then-current App Store Terms of Service.
· 247.care, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
· You agree that 247.care, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms of Service and any law applicable to us as provider of the iOS App.
· You agree that 247.care, and not Apple, shall be responsible, to the extent required by the Terms of Service, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
· You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
· You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
· The parties agree that Apple and AppleÕs subsidiaries are third-party beneficiaries to the Terms of Service as they relate to your license of 247.careÕs iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
Geo-location
247.care may make available certain functionality and services provided by third-parties that allow 247.care to include maps, geocoding, places and other content from Google, Inc. (Google) as part of the services (the Geo-Location Services). Your use of the Geo-Location Services is subject to GoogleÕs then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
Acceptable use
You must not use the App or Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the App or Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the App or Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the App or Website without www.247.care.com’s express written consent. This includes:
· scraping
· data mining
· data extraction
· data harvesting
· ‘framing’ (iframes)
· article ‘Spinning’
You must not use this Website or mobile App or any part of it to transmit or send unsolicited commercial communications.
You must not use this Website or mobile App for any purposes related to marketing without the express written consent of www.247.care.
You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.
You shall not sign up, contact or request a Non-Medical Service Provider under a false name.
Restricted access
Access to certain areas of the App or Website is restricted. 247.care reserves the right to restrict access to certain areas of the App or Website, or at its discretion, this entire App or Website. 247.care may change or modify this policy without notice.
If 247.care provides you with a user ID and password to enable you to access restricted areas of the App or Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.
247.care may disable your user ID and password at its sole discretion without notice or explanation.
Non-Medical services
247.care connects you with nearby Non-Medical Service Providers, allowing them to assess, give Care Plan recommendations and, as the case may be, deliver Home Care Services in person.
The Non-Medical Service Providers that 247.care connects you with are not employees nor agents of 247.care. 247.care is not a provider of health care services and takes no part in your medical diagnosis and/or treatment. Neither 247.care nor any of our licensors or suppliers shall be liable for any professional advice obtained from a health care professional in-person, via telephone, videoconference or chat, as provided by our service, nor for any information obtained on our App or Website. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers we provide or information provided by our health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed health care provider.
Payment
Services provided by Non-Medical Service Providers using 247.care platform are paid during the booking process to 247.care. We do not accept insurance or other Long Term Care coverage and the services may not be covered under any health benefit plan or insurance coverage plan. You will be responsible for all fees for the Services provided through the App or Website. You are solely responsible for all charges incurred by using the Services, including your in-person visits from a Non-Medical Service Provider.
Usage of the Services may require a valid credit card, and all the billing will be performed by and should be paid to 247.care.
Subscription plan
The membership is effective upon receipt of membership materials and/or Username and password to access the restricted areas of the Webpage. Provider’s may cancel Membership with 30days notice to the end of the Month. Termination of Membership has to be in writing and can be either mailed to 247.Care, Inc., 20 S Santa Cruz Avenue, Suite 300, Los Gatos, CA 95030 or E-Mailed to info@247.care
Conditions
By signing up for 247.care and using the Services, you are not entering into a Non-Medical service provider/client relationship with 247.care. You may be entering into a Non-Medical service provider/patient relationship with a nearby on-call Non-Medical service provider that 247.care connects you with.
You understand that your medical history, physical status or any other medical details (the Medical Information) shared with a Non-Medical Service Provider via phone conversation, on-line chat or in-person visit will never be shared with 247.care. Medical Information will only be collected, processed, maintained and stored by the relevant Non-Medical Service Providers. 247.care will not collect nor process any Medical Information on behalf of any Non-Medical Service Provider.
You understand that there is no guarantee that a Non-Medical Service Provider will provide any Services at all, and that specific treatments or therapy are not guaranteed. You understand that all Non-Medical Service Providers will operate in a professional manner and in accordance with relevant state regulations, laws and codes, and non-medical ethics requirements that have been established.
You understand that all Non-Medical Service Providers reserve the right to deny care or advice for potential misuse of services, if they feel that their life may in any way be threatened or jeopardized, or as otherwise required by law or reasonable non-medical ethics concerns.
No medical liability
Non-Medical Service Providers are responsible for complying with regulatory and local requirements for malpractice and liability insurance. All interactions (phone calls, on-line chat, in-person visit or others) with Non-Medical Service Providers are between you and the licensed care expert.
BY USING THE SERVICES, YOU UNDERSTAND THAT THE NON-MEDICAL SERVICE PROVIDERS ARE NOT THE EMPLOYEES NOR THE AGENTS OF 247.CARE AND YOU AGREE THAT 247.CARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE NON-MEDICAL SERVICE PROVIDERS MAY RENDER OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY MEDICAL SERVICE AND/OR ADVICE PROVIDED BY THE NON-MEDICAL SERVICE PROVIDERS.
No Warranties
247.care does not promise or guarantee that the information provided in the App or Website is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. 247.care does not warrant that the functions contained in the App or Website will be uninterrupted or error-free, that defects will be corrected, or that the App and Website made available are free of viruses or other harmful components. You (and not 247.care) assume the entire cost of all necessary maintenance, repair, or correction. 247.care assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.
Limitations of Liability
You agree to indemnify, defend, and hold harmless 247.care, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of the Terms of Service, and/or resulting from actions or omissions related to your interaction with the Medical Service Providers.
YOU EXPRESSLY AGREE THAT USE OF APP AND WEBSITE IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. 247.CARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. 247.CARE MAKES NO WARRANTY THAT THE APP, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APP, WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 247.CARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR WEBSITE, OR THAT DEFECTS IN THE APP OR WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 247.CARE OR THROUGH THE APP OR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 247.CARE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP OR WEBSITE. THE AGGREGATE LIABILITY OF 247.CARE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR WEBSITE IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Reasonableness
By using the App or Website, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.
If you do not think they are reasonable, you must not use the App or Website.
Severability
If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Breaches of the Terms of Service
Without prejudice to 247.care’s other rights under the Terms of Service, if you breach the Terms of Service in any way, 247.care may take such action as 247.care deems appropriate to deal with the breach, including suspending your access to the App or Website, prohibiting you from accessing the App or Website, blocking computers using your IP address from accessing the App or Website, contacting your internet service provider to request that they block your access to the App or Website and/or bringing court proceedings against you.
Changes to Terms of Service
247.care may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of the App and Website from the date of the publication of the revised Terms of Service on the App or Website. Please check this page regularly to ensure you are familiar with the current version.
Entire agreement
The Terms of Service, together with 247.care’s Privacy Policy (http://www.247.care/CmsPage/privacy_policy) constitute the entire agreement between you and 247.care in relation to your use of the App and Website, and supersede all previous agreements in respect of your use of the App or Website.
Law and jurisdiction
The Terms of Service will be governed by and construed in accordance with the laws of California, USA and any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of California, USA.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The App and Website are provided by 247.Care, Inc., 20 S Santa Cruz Ave., Suite 300, Los Gatos, CA, 95030, (877)899-4069. If you have a question or complaint regarding the App or Website, please contact Customer Service at info@247.care. You may also contact us by writing 247.Care, Inc., 20 S Santa Cruz Ave., Suite 300, Los Gatos, CA, 95030, (877)899-4069. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297.
Contact Us
If you have any questions about the Terms of Service or otherwise need to contact 247.care for any reason, you can reach us at Support Team at support@247.care