Last updated: October 2020
General User Terms for Home Instead Live-in CAREGiver Assignments
Please read these Terms carefully. If you refuse to accept these Terms, you should not complete the registration process and should immediately cease to access and use Our Service.
In particular, these Terms govern the relationship between us and you in respect of our provision to you of access to, and use of, the Platform. The Platform is designed to allow you to apply for live-in care jobs with Home Instead. The Platform seeks to do this by:
Allowing you to complete an application process to be considered for a Home Instead live-in CAREGiver role;
If you are successful in your application and satisfy the mandatory requirements of the live-in CAREGiver role, providing you with access to training, matching your with and introducing you to Home Instead franchised offices who have suitable vacancies.
Home Instead offices are all independently owned and operated and each office is an independent employer in its own right. We are a recruitment agency for Home Instead franchised offices who have live-in care assignments available to live-in CAREGivers who have completed certain mandatory requirements and training. If you are matched and apply to an assignment which you wish to take on, you will enter into an employment contract directly with the relevant Home Instead office. Being matched to an assignment is not a guarantee of an offer of employment and you are not in receipt of one until you have received a contract from the relevant Home Instead office. As each office is an independent employer in its own right it may conduct its own additional checks before or after making an offer of employment.
We recommend that you print a copy of these Terms for your future reference.
1. About Us
1.1. Home Instead SC Limited, trading as SuperCarers, is a company registered in England and Wales with company registration number 12580451, VAT number 348398747 (collectively “we”, “us” or “our” in these Terms).
1.2. Should you have any queries in relation to these Terms or on any other matter, you can contact us at our trading address:
Home Instead SC Limited Floor 4, 15 Bonhill Street, London EC2A4DN Email: email@example.com Tel: 020 8629 1030
You can also contact us at our registered office address: Unit 2 Walnut Tree Farm, Northwich Road, Lower Stretton, Warrington, England, WA4 4PG.
2.1 In order to access and use the Platform, you will need to register with us through the Website or by signing a copy of these Terms and delivering them to us at the address at clause 1.2 above. By registering with us you confirm that you:
- 2.1.1 understand and agree to be bound by these Terms;
- 2.1.2 are resident in the United Kingdom;
- 2.1.3 are legally capable of entering into a binding contract;
- 2.1.4 are at least 18 years old; and
- 2.1.5 agree to (a) provide true, accurate, current and complete information about yourself (such information referred to hereafter as the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
2.2 Should any of Registration Data change, you must notify us of the change as soon as reasonably practicable.
2.3 If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of these Terms or do anything that we, in our absolute discretion, believe may damage our reputation or that of Our Service, we have the right to suspend or terminate your account and refuse any and all current or future access and/or use of any part of Our Service and/or to the Platform, without notice or liability to you.
3. Use of your data
3.1 We may use your Registration Data to administer your application, assess your suitability, match you with available vacancies, administer your account in between assignments and in the provision of the Platform to you. In addition, we may also use your Registration Data to support your engagement with any Home Instead office and, subject to your consent, provide marketing communications to you. You may opt out of the usage of your Registration Data for marketing communications at any time by contacting us via the link sent with each marketing communication or at the email address at clause 1.2 above.
3.2 We will not, except as set out in these Terms, disclose confidential or sensitive information about you to third parties without your consent. Please note that your data will be shared with Home Instead Senior Care UK Limited, the Home Instead franchised offices and selected third parties who operate platforms we and Home Instead offices use. Personal data you provide to Home Instead offices whilst employed by them or data collected about you by Home Instead offices whilst on assignment will also be shared by such offices with us.
3.3 You are responsible for any use of your account using your username and/or password, for keeping your username and password confidential and for logging out of your account at the end of each session. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your account, username and/or password. If you forget your username and/or password, you may email us at our email address set out above and we will email your username and password to the email address specified in your account. You are responsible for any actions taken by a person who uses Our Service using your username and password.
3.4 As we are part of the Home Instead network, we may share your Registration Data with Home Instead franchised offices local to you to help you find job opportunities in case you are not suitable for SuperCarers. If you do not wish for us to share your data in this way, please let us know.
4. Our Role
4.1 We are a recruitment agency for Home Instead franchised offices and a provider of technology platform services only, the Platform.
4.2 Nothing contained in these Terms shall render the relationship between you and us as that of an employee, worker, agent or partner and you shall not hold yourself out as such. You acknowledge that any work provided by you is provided on the basis of a direct engagement by the relevant Home Instead office. If, notwithstanding this provision, you become an employee, worker, agent or partner of ours by function of law or are otherwise deemed to be so by the relevant authorities then you shall pay or reimburse any tax or national insurance payments due from us to the relevant authorities and shall indemnify us for any loss suffered or cost incurred as a result.
5. Application Process
5.1 In order to become eligible for Home Instead live-in care assignments as a live-in CAREGiver you must:
- 5.1.1 submit an application to us in the manner set out on the Website;
- 5.1.2 attend a telephone / video or face to face interview with us to discuss your application; and
- 5.1.3 submit to us the necessary documents for the purpose of undertaking background checks on you.
5.2 We retain absolute discretion as to whether to invite you for an interview, submit your details for background checks or otherwise progress your application.
5.3 If you are successful in your application, interview and subject to the background checks being satisfactory, you will become eligible for live-in care assignments and will be granted access to Home Instead’s online training platform.
5.4 You acknowledge that we provide only Our Service through which you may apply to join a database of potential live-in CAREGivers. In the event you are successful in your application, you further acknowledge that it is at the absolute discretion of the Home Instead office that may have a vacancy as to whether or not you are shortlisted for any specific assignment and that we provide no guarantee that any opportunities to provide care will be available to you through the Platform.
5.5 You acknowledge that we do not check or verify any details submitted by Home Instead offices and that we cannot guarantee that the information provided or description of care required are correct. Where information relating to an assignment is provided by us to you, this information is, to the best of our knowledge and belief, an accurate representation of information provided by the Home Instead office, however, you should verify this information with the relevant Home Instead office before commencing a care assignment.
6. Training & Home Instead Passport
6.1 Once you have successfully completed the application process and have been granted access to the Platform and you can start to build your profile. This information is consolidated into a summary overview of your profile known as the ‘Home Instead passport’. This includes but is not limited to your work history and any training or other qualifications, references, personal and compliance information such as your criminal record disclosure.
6.2 Through the Platform, you will have access to Home Instead’s training portal where you will be able to access various training modules available to live-in CAREGivers. It is not mandatory for you to complete any of the training, but the more training you complete the more likely you are to be shortlisted for any available care assignments.
6.3 For every training module you complete, you will receive a certificate of completion and your Home Instead Passport will be updated accordingly.
6.4 Please note that any training which you complete prior to a care assignment or in between care assignments will be regarded as completed in your personal time and hence you will not be eligible to be paid for such time. You will be paid for time spent completing training which you may be asked to complete once you have signed an employment contract with a Home Instead office because you are starting or have started a care assignment. Please always check with the relevant Home Instead office that your training has been authorised prior to starting such training.
7. Care Assignments
7.1 All care assignments will be advertised via the Platform to those individuals who have successfully completed the application process and have been granted access to the Platform.
7.2 We are not obliged to offer any care assignments to you and you are not obliged to accept any care assignment offered.
7.3 If you are interested in an assignment, you will need to apply for such care assignment through the Platform. By submitting an application for a specific care assignment, you authorise us to share your details with the relevant Home Instead office.
7.4 If having received your application, the Home Instead office who has the vacancy shortlists you for the assignment, we will introduce you to such Home Instead office. You may need to provide additional information in order to be considered for any specific care assignment and may be required to attend further interviews via video, telephone or in person.
7.5 You will be notified whether or not you have been successful in your application. If you are successful, the relevant Home Instead office will make arrangements directly with you regarding the start date, travel arrangements and documentation. Your employment will commence on the date you agree with the Home Instead office and once you have signed the employment contract.You will be required to complete an induction and any final training before commencement of your first assignment.
7.6 No employment contract shall exist between you and us at any time including between care assignments. Our only obligation to you is as set out at clause 5.4 above.
7.7 You acknowledge that the nature of temporary work means that there may be periods when no suitable work is available.
8.1 Home Instead offices may provide ratings in respect of the quality of the Care provided by you (“Ratings”). Ratings may relate to a number of different aspects of the Care, such aspects to be determined by us and changed at our discretion from time to time without notification to you. Ratings shall be provided by Home Instead offices through the Platform where they will be processed automatically to formulate a ratings score for you, which will reflect the average of all Ratings received in relation to Care provided by you. We may also submit Ratings received from Home Instead offices other than through the Platform.
8.2 We do not have control of the Ratings and provide no guarantee that they accurately represent the quality of Care that you have provided. We do not monitor the Care provided by you other than occasional contact with selected Home Instead offices to discuss the quality of Care received by their clients.
8.3 We reserve the right to moderate Ratings or other feedback if we feel it may be inaccurate, inappropriate or constitute abuse or misrepresentation for any reason. You accept the Ratings provided by Home Instead offices as reflective of their opinion and have no right or recourse to us should their opinion adversely impact the number of Care Assignments you receive and subsequent earnings you achieve from such assignments.
9. Your Obligations
9.1 You accept that we may carry-out the following background checks on you:
- 9.1.1 enhanced criminal record checks relevant for your country;
- 9.1.2 identity checks;
- 9.1.3 right to work and documents check (including but not limited to; passport, driving licence and visa);
- 9.1.4 adverse history check;
- 9.1.5 employment history checks; and
- 9.1.6 reference checks, both professional and personal.
9.2 You will provide us with any references and vetting information which we may require and you recognise that you will not become a Registered User until all checks have been satisfactorily completed by us. You further recognise that we may in our absolute discretion decline to register you if you fail our vetting checks, any stage of our application process or for any other reason.
9.3 You will provide accurate Registration Data and other information and keep the information you provide on the Platform up to date at all times including, in particular, your profile information and your availability to provide care.
9.4 You will monitor your account regularly and will respond promptly to any contact from us.
9.5 You will complete any additional checks that a Home Instead office may require if you are offered a job role.
We are not obliged to have any involvement in any dispute between you and any Home Instead office, except as required by law. If a concern or complaint is raised with us, it is at our absolute discretion what action, if any, we decide to take. Any action we take will be in line with our Concerns, Complaints and Abuse Procedures outlined in our guidelines to Users and determined by the nature of each dispute. We reserve the right to notify an appropriate authority or regulator in order to protect the interests of our Users and you accept that this overrides any confidentiality obligations, whether express or implied, we have to you.
11. Use of our Service
11.1 Availability of Our Service
11.1.1 We will use our reasonable endeavours to make Our Service available to you at all times. From time to time, however, the Website and/or Platform may be unavailable to you if we carry out routine maintenance or repairs, or due to the unavailability or failure of the internet.
11.1.2 We make no warranty to you that Our Service or any of the tools will be available to you at all times, will continue uninterrupted, error-free or will remain unchanged and accept no liability for any loss or damages arising as a result.
11.2 Prohibited uses
11.2.1 You may not use Our Service:
- (a) in any way that breaches any applicable local, national or international law or regulation;
- (b) that may damage Home Instead’s reputation or that of Our Service;
- (c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- (d) for the purpose of harming or attempting to harm minors in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- (e) for the purpose of harming or attempting to harm vulnerable adults or any other User in any way or to solicit personal information from them or solicit passwords or personally identifying information for commercial or unlawful purposes;
- (f) to harvest or collect email addresses or other contact information of other Users by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”);
- (g) to transmit, or procure the sending of Spam;
- (h) to send, knowingly receive, upload, download, use or re-use any material which: (i) is inaccurate, particularly in respect of (as the case may be) your skills, experience, identity and care requirements; (ii) expresses an opinion which is not genuinely held; (iii) contains any material which is defamatory of any person; (iv) contains any material which is obscene, offensive, hateful or inflammatory; (v) promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) infringes any copyright, database right or trademark of any other person; (vii) is likely to deceive any person; (viii) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (ix) is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or (x) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; and/or (xi) to use automated scripts or any other automated systems or software to extract or collect data from or otherwise interact with the Website and Service. Doing so for commercial purposes, commonly known as ‘scraping’ or ‘screen scraping’ is strictly prohibited.
11.2.2 You also agree:
- (a) not to reproduce, duplicate, copy or re-sell any part of Our Service in contravention of these Terms;
- (b) that in submitting or uploading any material to Our Service you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us (if this is not the case);
- (c) not to access without authority, interfere with, damage or disrupt: (i) any part of Our Service; (ii) any equipment or network on which Our Service is stored; (iii) any software used in the provision of Our Service; or (iv) any equipment or network or software owned or used by any third party; and
- (d) not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack Our Service via a denial-of-service attack or a distributed denial-of service attack.
11.3 Information and advice contained on the Platform:
11.3.1 We may periodically upload content onto Our Service. This might include articles with advice, guidance and any information we believe will be of use or interest to users of Our Service. This may be provided by us or our partners, and will be provided free of charge. We are not responsible for the accuracy of the content and it is meant as a guide only. This content may also be provided in the form of news articles, booklets, leaflets, pamphlets, fliers, blog posts, tweets and newsletters.
11.3.2 We may upload links to other content providers and/or other sources of advice and support on to Our Service. We do not guarantee the accuracy of any material provided through such links and we are not responsible for the accuracy of advice provided by these sources.
11.3.3 Users may automatically be subscribed to our newsletter providing helpful advice and support. They can unsubscribe by clicking the links contained in our correspondence. Users who have not been automatically subscribed for our newsletter may subscribe through the Website or by contacting us directly.
11.4.1 All material on the Our Service, or provided in paper form, is protected by copyright. You may view pages of the Website and the Platform on a screen and may print or download extracts of them for your own personal use.
11.4.2 You may supply a copy of any such extract to any third party provided that:
- (a) the extract is for their own personal use;
- (b) the extract is not supplied as part of or included in another work, website, platform or publication;
- (c) the extract is not supplied either directly or indirectly in return for commercial gain; and
- (d) the third party is made aware that the source of the copy is Our Service and that these terms and conditions apply equally to them.
11.4.3 No part of Our Service may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
11.4.4 No content produced on Our Service, provided by letter, article, newsletter, pamphlet, leaflet, booklet, flier or other marketing or promotional content may be reproduced, transmitted to, or stored on any other website or any other form of electronic medium or used by any other company in paper form without our express written consent.
11.5 Content of Our Service and other resources
11.5.1 We will use our reasonable endeavours to ensure that the information on Our Service is accurate and complete. We do not, however, give any warranty as to the accuracy or completeness of that information or the accuracy of any information provided by Users (including, without limitation, Registration Data).
11.5.2 Our Service, our paper content and promotional materials includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (“Third Party Content”).
11.5.3 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
11.5.4 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them.
13. Our Liability
13.1 You acknowledge that where you agree to accept an assignment this will be an agreement between you and the relevant Home Instead office and we shall not be a party to that agreement or have any liability in relation to it. It is each User’s obligation to assess the nature of any agreement they enter into with any Home Instead office for themselves.
13.2 Subject to clause 10, you shall not involve us in any proceedings or other dispute between you and any Home Instead office and you agree to indemnify us and hold us harmless against any loss, damage or costs we incur as a result of becoming involved in any dispute between you and any Home Instead office.
13.3 Our liability for losses you suffer as a result of any breach of these Terms by us is strictly limited to £100.
13.4 We are not responsible for indirect losses (even if foreseeable) which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us. We shall not be liable for:
- 13.4.1 loss of income or revenue;
- 13.4.2 loss of business;
- 13.4.3 loss of profits or contracts;
- 13.4.4 loss of anticipated savings;
- 13.4.5 loss of data; or
- 13.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
13.5 Nothing in these Terms shall limit in any way our liability for:
- 13.5.1 death or personal injury caused by our negligence;
- 13.5.2 fraud or fraudulent misrepresentation; or
- 13.5.3 any other matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to the address or email set out at clause 1 above. We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of the Platform which allows you to update your registration details). Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.
16. Transfer of Rights and Obligations
You may not transfer, assign, charge or otherwise dispose of your interest in the contract between us, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge or otherwise dispose of our interest in the contract, or any of our rights or obligations arising under it, to any person who acquires the whole or the relevant part of our business.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 17.2.1 strikes, lock-outs or other industrial action;
- 17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 17.2.5 impossibility of the use of public or private telecommunications networks; or
- 17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 If a Force Majeure event arises that prevents us from performing our obligations under these Terms, such performance shall be deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
18.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
20.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.
20.2 We each acknowledge that, in entering into these Terms, neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.
20.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
21. Our Right to Vary These Terms
21.1 We have the right to revise and amend these Terms from time to time without notice to you.
21.2 You will be subject to the policies and these Terms as in force at the time that you post, apply for or accept Care, or otherwise use Our Service, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to previous posts for Care, and Care applied for or accepted by you).
22. Law and Jurisdiction
These Terms, their subject matter and their formation, and any associated non-contractual disputes or claims are governed by English law. You and we both agree to the exclusive jurisdiction of the English courts.